While I don't necessarily disagree with the message of your post, I don't agree 
that Wells Fargo would change their tune if they saw the "consequnces of their 
policies." I am quite sure that it is solely about dollars and cents, period, 
end of story, and they couldn't care less about "consequences" good, bad or 
otherwise to the community. If they make money, good, if not, bad. Will the 
consequences in passing this legislation to Wells Fargo mean making less money, 
and therefore deciding to get out of the loan business to risky clients 
altogether? How will that help the "community"? Education of the "vulnerable" 
is the answer. 

I've said it before and I'll say it again: deception is not good, and I am not 
advocating that it exist or continue on any level whatsoever at all. However, 
risky lendees pay higher interest than less risky lendees, which is a function 
of the market. I don't want to see that tampered with. 

Mike Thompson
Windom
  ----- Original Message ----- 
  From: Becca Vargo Daggett 
  To: Michael Thompson ; [email protected] 
  Sent: Wednesday, June 15, 2005 1:21 PM
  Subject: Re: [Mpls] Predatory Lending - Taking a stand to end the 
practiceinMpls


  Michael made it clear to me in an off-list response to that my seat belt 
example is a bad one.

  This isn't a case where education can be substituted for legislation. 
Predatory lending involves deliberately deceptive practices on the part of 
lenders, and deliberate targeting of people whose circumstances make them 
vulnerable.

  Mike writes:

    So, in other words, "community good" can be legislated?
    Interesting..........


  No, of course it can't. But the further those who make the rules (in this 
case, federal regulators and national bank executives) are from the 
consequences of their decisions, the less likely they are to make decisions 
that strengthen communities. 

  Charter leasing (or charter renting) by national banks is a greater problem 
than predatory lending practices by the banks themselves because the lessors 
have nothing to lose, no name to protect. The independent, store-front, payday 
lender/check cashing service is then, through agreement with a national bank, 
exempt from all state banking laws.

  In this case, federal regulators have put into place rules for national banks 
that are much more lax than most state rules. They have done this because it is 
good for the constituents to which they have the strongest connections 
(representatives of the financial services industry). On the other hand, state 
and local governments have seen the negative consequences of predatory mortgage 
lending and payday lending in their communities. They have chosen to enact 
rules that put reasonable restrictions on predatory lending practices (e.g. 
courts upheld a Georgia law that says rates must be lower than 300% APR). 

  So why does predatory lending continue? Because since the mid-1990s the 
federal government has fought hard to exempt federally-chartered banks from 
state consumer protection laws, even though the courts have ruled that states 
are well within their authority to enforce these laws.

  If Wells Fargo executives at the Minneapolis offices were making decisions 
about lending policies, and they saw the consequences of their policies, and 
they heard from community members who saw the consequences of their policies, I 
speculate that they would not engage in predatory lending practices. But the 
reality could not be further from the truth, and thus communities need to make 
laws to protect their interests (and hope that they will not be preempted by 
federal regulators).

  Becca Vargo Daggett
  Seward
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