[Congressional Record Volume 167, Number 132 (Wednesday, July 28, 2021)]
[Senate]
[Page S5143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. REED (for himself, Mr. Merkley, Mr. Brown, Mr. Van Hollen,
Ms. Smith, Mr. Booker, Mr. Blumenthal, Mr. Schatz, Mrs.
Feinstein, Mr. Warnock, Mr. Leahy, and Mr. Wyden):
S. 2508. A bill to amend the Truth in Lending Act to extend the
consumer credit protections provided to members of the Armed Forces and
their dependents under title 10, United States Code, to all consumers;
to the Committee on Banking, Housing, and Urban Affairs.
Mr. REED. Mr. President, today I am reintroducing the Veterans and
Consumers Fair Credit Act (VCFCA) along with Senator Merkley, Senate
Banking Committee Chairman Brown, and many of my colleagues. This
important legislation would extend the bipartisan Military Lending
Act's (MLA) protections for active-duty servicemembers and their
families to all Americans by imposing a nationwide 36 percent cap on
the annual percentage rate (APR) for most extensions of consumer
credit.
The MLA was enacted on a bipartisan basis in 2006 to rein in payday
and other unscrupulous lenders that targeted American troops with
abusive and predatory loans. Unfortunately, the MLA does not protect
veterans or Gold Star families from these exploitative practices. Our
servicemembers and their families should not lose important consumer
protections simply because they retire, separate from honorable
service, or lose their loved ones. As such, our legislation would
extend the MLA' s protections to veterans and Gold Star families as
well as ensure that all Americans are shielded from predatory loans.
Hundreds of millions of American consumers could benefit from a 36
percent APR cap. In states that do not have such a cap, predatory
lenders are permitted to offer loans with triple-digit APRs that trap
individuals in cycles of debt. For instance, the Consumer Financial
Protection Bureau found that 80 percent of payday loans are rolled over
or renewed within two weeks. This practice can cause borrowers to pay
more in fees than the amount of money they originally borrowed, which
is a sign of predatory lending and poor underwriting.
According to a coalition of community organizations, payday lenders
are known to target the most vulnerable, including seniors, veterans,
and low-income borrowers. Many in these communities were already
struggling to make ends meet before the pandemic, and continuing to pay
exorbitant APRs may cause them to fall deeper into economic insecurity.
This is why it's important to extend strong protections against
unscrupulous lenders to all Americans.
The MLA's successful track record demonstrates that providing for
reasonable, responsible limits on interest rates does not cut off
consumers' access to credit. According to a May 2021 report from the
Department of Defense, ``credit cards, auto loans, and personal loans
are widely available at risk-based rates under the 36 percent
[military] APR'' and ``[s]ervice members continue to have ample access
to necessary credit.''
Moreover, this legislation would follow the trend in many states
towards greater protections against predatory loans. Eighteen states
and the District of Columbia have enacted APR caps of 36% or lower for
payday loans or banned them altogether. Lenders in these states have
incentives to offer more affordable loans that borrowers have an
ability to repay. The same incentives should apply across the nation.
I thank the bill's supporters, including the Consumer Federation of
America, the National Consumer Law Center (on behalf of its low income
clients), the Center for Responsible Lending, Americans for Financial
Reform, Veterans Education Success, the Military Officers Association
of America, and the National Military Family Association.
I urge our colleagues to join us in supporting this important
legislation.
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