AFI Training Toolkit for Money Smart Module #6: Keep It Safe
The AFI Resource Center has developed this series of training toolkits to supplement the FDIC’s Money Smart curriculum. The kits provide additional lessons on key asset building topics, and they are designed for use with participants in Individual Development Account (IDA) programs. The tools in this toolkit supplement FDIC’s Module #6: Keep It Safe, which helps participants learn about laws and regulations that help keep consumers and their financial resources safe. The AFI toolkit before you, which is available for download, includes:
To get the most benefit from this Toolkit:
Overview of the Money Smart Module #6: Keep It Safe
The objectives for this module are that at the end of the module, participants will be able to:
- Identify laws and regulations that protect their deposits.
- Identify laws and regulations that protect them when applying for a loan.
- Guard against predatory lending practices and identify theft.
- Describe how to be financial prepared for disasters.
The delivery time for this module is 120 minutes.
Step-by-Step Overview of the Module1
The module begins by providing an overview of the module objectives (listed above) and referring participants to the Participant Guide. Participants are asked to complete the “Before-the-Training” column of the “What Do You Know?” form found at the end of the Participant’s Guide.
The module continues with facilitator’s explaining that the information in the session is general information only and that detailed information or places to go for more information can be found in the Participant Guide. The session continues with brief overview of several consumer protection laws:
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Truth in Savings Act
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Electronic Funds Transfer Act
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Expedited Funds Availability Act
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FDIC Deposit Insurance Regulations
The session continues with scenarios involving bank customers. Participants are asked to determine on which consumer protection law the person in the scenario relied.
The difference between deposits protected by FDIC insurance and those non-deposit investment products such as mutual funds, annuities, stock, and bonds that are not protected by FDIC insurance is discussed. The instructor reviews tips on how to protect oneself when investing in non-deposit products.
Next, the facilitator presents lending laws that protect consumers when applying for a loan or credit. These include:
- Equal Credit Opportunity Act
- Truth in Lending Act
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Fair Credit Billing Act
The session continues with the review of a scenario followed by questions about the lending laws that might apply.
The Truth in Lending Act disclosures are covered next with a focus on finance charge and annual percentage rate or APR. Both terms are explained with an example. After laws that protect rights during the loan application process are covered, the instructor covers:
- What happens if a consumer is denied a loan.
- Rights after loan is accepted by the consumer.
Next, the facilitator explains the Equal Credit Opportunity Act (ECOA) by examining another brief scenario. Participants are asked to brainstorm a list of prohibited topics (things lenders by law may not ask about) during the loan application process. Next, the facilitator reviews the list of prohibited items covered in the ECOA including: race, color, religion, national origin, sex, marital status, age, receipt of public assistance income, or exercise of rights under the Consumer Credit Protection Act.
The facilitator then explains the difference between illegal discrimination and legal discrimination, legal discrimination is the fact that someone can be denied a loan if they don’t have enough income to repay the loan or are not old enough to legally sign a contract.
The facilitator explains that in the case of loan denial, a summary of notifications required by the Fair Credit Reporting Act is provided. The facilitator then explains through use of a scenario continued from earlier the steps consumer should take if they believe they have been denied a loan based on prohibited bases.
The Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Billing Act are summarized, and the section concludes with a review of the complaint letter found and the check list for resolving complaints by writing regulators found in the Participant Guide.
The session continues with a review of additional lending laws that may provide additional protection, including: Servicemembers’ Civil Relief Act, Real Estate Settlement Procedures Act, Fair Housing Act, and Consumer Leasing Act.
Next, the facilitator introduces the requirements for financial institution to protect financial information and “privacy notices,” including the contents and types of privacy notices. The facilitator also explains the concept of “opting out” or limiting the promotions a consumer might receive.
The module then continues with a discussion of subprime and predatory lending. Participants are asked to generate a list as a large group of ways to avoid predatory loans. The Participant Guide has a complete list for additional tips that the facilitator is instructed to cover if not mentioned by the participants. Participants are then asked to determine “what is wrong with this offer” by reviewing a sample predatory loan offer found as a handout supplement to the Instructor’s Guide.
The module concludes with a discussion of protecting identity. It covers:
- What to do if your wallet or purse is stolen,
- What to do if your identity is stolen, and
- Ways to avoid identity theft.
Participants are then asked to complete the “After-the-Training” column of the “What Do You Know?” form found at the end of the participant’s guide and the evaluation also found at the end of the Participant Guide.
AFI Training Tools for Money Smart Module #6: Keep It Safe
The following training tools supplement FDIC’s Money Smart Module #6: Keep It and may be used for different target audiences of IDA participants including people without formal banking relationships, people with existing banking relationships, young people, and new Americans (immigrant, refugees, and asylees).
- 6.1 The Reason for Consumer Protection Laws – Explains the rationale for consumer protection laws and describes who is responsible for ensuring that consumer rights have not been violated. This exercise, comprised of small group brainstorming and reporting back to the larger group, supplements the Money Smart module’s discussion of consumer protection laws. Target audience: people without formal banking relationships, people with existing banking relationships, young people, and new Americans.
- 6.2 Current Depository Protection Limits – Explains depository product protection limits, what is protected and what elements are not protected, and which agencies enforce protection laws. Using a large group task followed by a presentation, this exercise supplements the first segment of Money Smart Module #6. Target audience: people with existing banking relationships and new Americans.
- 6.3 Regulator Soup – Describes the regulatory agencies tasked with ensuring the safety and soundness of the financial services industry. Using a participatory game, this exercise reinforces the purpose of various consumer protection laws and the agencies responsible for enforcing them. Target audience: people with existing banking relationships and new Americans.
- 6.4 Recognizing Predatory Banking Practices – Provides an overview of various predatory banking practices and financial services and tips for avoiding these. Using a participatory role play followed by facilitated discussion, this exercise supplements the Money Smart Module’s discussion of predatory practices. Target audience: people without formal banking relationships, people with existing banking relationships, young people and new Americans.
- 6.5 Credit Card Act—Provides an overview of changes in credit card company practices as required by the Credit CARD Act of 2009. This presentation and facilitated discussion supplements the Money Smart Module’s discussion of credit cards with updated information about the new Credit CARD Act. Target audience: people without formal banking relationships, people with existing banking relationships, young people and new Americans. Feel free to adapt these materials for your IDA participants. The AFI Resource Center welcomes feedback on the content or quality of these supplemental materials and exercises.
Trainer Tips
The curriculum includes action words, which are suggestions for trainers to follow in going through steps in each lesson. This is what they mean.
Ask: These are to pose to participants in order to generate thinking and discussion. These are the foundation for facilitated discussions.
Explain: These are statements to clarify and define topics. They usually come after participant discussions or before an activity that involves participants applying knowledge.
Summarize: Trainers usually (but not always) will want to provide participants with a recap of what the group just discussed—in particular, summarizing and highlighting what participants said so they feel like they are part of the learning process. If the group did not provide sufficient input on a topic, trainers can use the examples to further illustrate key points.
In some cases, an Example is provided to explain a particularly challenging topic.
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6.1 The Reason for Consumer Protection
Purpose: To provide context for consumer protection laws for AFI participants.
Objectives: By the end of this session, participants will be able to:
- Explain the reason for consumer protection laws.
- List resources for more information about consumer protection laws.
Time Needed: 20 minutes.
Materials Needed: Flip chart or white board for facilitator; markers; flip chart for small groups; markers for small groups; tape.
Process: Facilitated Discussion (Part I); Small Group Brainstorming (Part II); Small Group Cumulative Reports to the Large Group (Part III).
Part I: Facilitated Discussion
Ask: How many of you have every heard the term “consumer protection laws”?
- For those that raise their hands, ask them to share which laws they have heard about.
- Write them down on a flip chart.
Ask: What does the term consumer mean?
- Write down responses on the flip chart.
Possible responses include:
- People who buy or use products.
- People in the economy.
- People who use things up.
- Citizens in the U.S.
Explain:
- Given the complexity of the economy in the U.S. there are many areas in which consumers need to be protected.
- Consumer laws are designed to protect consumers.
- Conversely, consumers must be responsible for themselves in the market place, too.
Ask: How are consumers expected to be “responsible” in the market place or the economy? OR What does it mean for a consumer to be “responsible”?
- Write down responses on the flip chart.
Explain:
- There are many examples such as:
- Read agreements (i.e., credit card agreements or service contracts).
- Keep records for appliances, etc.
- Have insurance (renters if you are renting or homeowners if you own a home).
- Buyer beware.
Explain:
- Consumer protection laws try to balance responsibility and protection. There is an expectation for consumers to behave responsibly but recognition that laws can help all parties better understand complex matters dealing with money and saving. In addition, some individuals and businesses may not always act in the best interests of consumers. Thus, there are laws in place to protect consumers.
Part II: Small Group Brainstorming
Instruct participants to get into small groups.
In small groups, ask them to think about their financial lives.
On a flip chart with a line drawn down the middle, have them brainstorm a list of what they think are some of the core responsibilities of consumers.
On the other side of the line, have them brainstorm a list of what they think are some consumer protection laws that are in place to protect their financial lives.
Give them 7 minutes to complete the process.
Part III: Small Group Cumulative Reports to the Large Group
Bring everyone back together as a large group. Have each small group report back on their brainstorming, including (1) what they define as responsibilities of consumers and (2) what consumer protection laws they know about. Groups should report back “cumulatively,” which means: no group repeats what has been previously contributed during a report out but, rather, focuses on adding new information and perspectives.
As each group reports, highlight (on the flip charts of the small groups) the consumer protections that will be covered in this module, which include:
- Truth in Savings Act
- Electronic Funds Transfer Act
- Expedited Funds Availability Act
- FDIC Deposit Insurance Regulations
Transition by explaining that the rest of the module will focus on understanding these laws or regulations as well as the counterbalancing responsibilities expected of consumers.
6.2 Current Depository Protection Limits
Purpose: To provide participants with current information (2009) about protected deposits.
Objectives: By the end of this session, participants will be able to:
- Name the agencies that protect deposits.
- Explain the current deposit protection limits.
- List the places to go for more information on these protections.
Time Needed: 15 minutes.
Materials Needed: Flip Chart or White Board and Markers; Handout Entitled “Deposit Protection Worksheet.”
Process: Large Group Exercise Using Nominal Group Process (Part I); Presentation or Facilitated Discussion (Part II).
Part I: Large Group Exercise Using Nominal Group Process
Write the following terms on a white board or a flip chart (2 flip chart sheets hung side by side to accommodate all of the self-adhesive notes):
- Savings Account.
- Certificate of Deposit.
- Checking Account.
- Money Market Deposit Account.
- Money Market Mutual Fund.
- Mutual Fund.
- Stocks.
Give participants small self-adhesive notes.
Ask: Go to the board and place one note next to each listed savings or investment vehicle that you know is without risk and is completely safe.
Explain:
- After participants sit down, comment on the distribution of the answers they gave (e.g., most common, least common).
- Actually all of the investment vehicles have some risk.
- While some are safer than others, there are limits to understand.
- So, none of the savings or investment vehicles are without risk or completely safe.
Part II: Presentation or Facilitated Discussion
Distribute handout Deposit Protection Worksheet.
Ask or Explain:
Option 1: Explain: Review each savings or investment vehicle on the worksheet and explain where there is some risk and how deposits are protected. Use information from the below facilitator guide. [Note: This table is NOT intended for distribution to participants; only as a reference for facilitators.]
Option 2: Ask: Instead of just presenting the information, consider asking questions:
- Can anyone explain what a CD is?
- Can someone explain some of the risks that you may experience with money in a CD?
Saving and Investment Protections (Facilitator Guide)
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Definition
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Risk
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Protection
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Agency Providing Protections
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Savings Account
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A deposit account at a financial institution (bank or credit union). Generally deposits earn interest. Money cannot be accessed by customer by writing a check.
These are often called Share Accounts in credit inions.
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Inflation Risk—rate of inflation may exceed returns on money.
Fees can consume interest gains or principal depending on terms of the account.
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Deposits up to $250,000 per type of account per individual until 1/1/14—then it will return to the $100,000 limit.
NOTE: The $250,000 limit is permanent for some retirement accounts including IRAs.
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FDIC for Banks as long as Bank is a member; look for the FDIC logo on bank information.
NCUA/NCUSIF for Credit Unions as long as the Credit Union is a member; look for the NCUA/NCUSIF logo on credit union information.
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Certificate of Deposit
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Money deposited for an agreed upon length of time for a specific rate of return. Money withdrawn prior to end of term is subject to early withdrawal penalties.
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Inflation Risk—rate of inflation may exceed returns on money.
Liquidity Risk—the money is needed before the CD has matured.
Interest Rate Risk—if rates increase, money will be locked at rate agreed upon in terms.
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Deposits up to $250,000 per type of account per individual until 1/1/14—then it will return to the $100,000 limit.
NOTE: The $250,000 limit is permanent for some retirement accounts including IRAs.
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FDIC for Banks as long as Bank is a member; look for the FDIC logo on bank information.
NCUA/NCUSIF for Credit Unions as long as the Credit Union is a member; look for the NCUA/NCUSIF logo on credit union information.
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Checking Account
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A deposit account at a financial institution (bank or credit union) that allows the owner to write checks against deposited funds. Sometimes deposits earn interest depending on balance or frequency of checks. These are often called Negotiable Order of Withdrawal Accounts or NOW accounts.
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Inflation Risk—rate of inflation may exceed returns on money
Fees can consume interest gains or principal depending on terms of the account.
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Deposits up to $250,000 per type of account per individual until 1/1/14—then it will return to the $100,000 limit.
NOTE: The $250,000 limit is permanent for some retirement accounts including IRAs.
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FDIC for Banks as long as Bank is a member; look for the FDIC logo on bank information.
NCUA/NCUSIF for Credit Unions as long as the Credit Union is a member; look for the NCUA/NCUSIF logo on credit union information.
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Money Market Deposit Account
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Deposit accounts that generally offer higher yields than other deposit accounts because of:
- Higher minimum balance requirements
- Limited number of monthly transactions
Often used as a temporary holding place for funds awaiting permanent investment (down payment for a home, for example.)
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Inflation Risk—rate of inflation mayexceed returns on money.
Fees can consume interest gains or principal if balance falls below minimum required
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Deposits up to $250,000 per type of account per individual until 1/1/14—then it will return to the $100,000 limit.
NOTE: The $250,000 limit is permanent for some retirement accounts including IRAs.
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FDIC for Banks as long as Bank is a member; look for the FDIC logo on bank information.
NCUA/NCUSIF for Credit Unions as long as the Credit Union is a member; look for the NCUA/NCUSIF logo on credit union information.
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Money Market Mutual Fund
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Short term debt securities (those that mature in under 13 months); the average maturity of the investments in a fund must be fewer than 90 days. The Securities and Exchange Commission (SEC) provides oversight on the securities mix in these funds.
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Generally these have been considered very low risk even though they have market risk exposure. However, in 2008, the share price fell below $1 (broke the buck). This was unprecedented.
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From the fall of 2008 until September 18, 2009, these were guaranteed by the U.S. Treasury. This program ended, so while still generally considered safe, they no longer have the protection of the U.S. Treasury.
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SEC (Securities and Exchange Commission); regulatory oversight on mix of securities in these funds.
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Mutual Fund
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A portfolio (collection) of stocks or bonds that is managed by a firm; the managing firm sells shares in the portfolio.
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Market risk, which means the return will vary based upon changes in the investment market.
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Only protects investors up to certain limits ($500,000 with $100,000 for cash) in the case of firm fraud.
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SIPC (Securities Investor Protection Corporation), if the company (brokerage firm) is a member.
SEC (Securities and Exchange Commission) –regulatory oversight to ensure no fraud, etc.
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6.3 Alphabet Soup
Purpose: Provides an overview of the regulatory agencies tasked with ensuring the safety and soundness of the financial services industry as well as some key consumer protection regulations.
Objectives: By the end of this session, participants will be able to:
- Match the commonly used acronym with the agency name or regulation name.
- Explain the role of that agency in protecting consumers.
Time Needed: 20 minutes.
Materials Needed: Each cell of the following table, printed out on an individual piece of paper or card stock. Facilitators should feel welcome to adjust the descriptions.
Be sure to distribute a complete row (set) so that participants can match all three in the set—the acronym, name, and description. This exercise can accommodate up to 33 participants. If you have a small group, you can hang the acronym and agency/regulation name on one person and the description on another.
Also, the facilitator should feel free to add other acronym/name/explanation examples to the exercise.
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Acronym
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Agency or Regulation Name
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Brief Description
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SEC
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Securities and Exchange Commission
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To protect investors; to maintain fair, orderly and efficient markets; and to help companies create capital.
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The FED
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The Federal Reserve System
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Made up of 12 banks, it serves as the bank to the Federal government. It also regulates some banks and credit unions, provides services to banks and credit unions (e.g., transfers funds through the banking system, handles cash and coins, processes checks) and sets monetary policy including the discount rate—the rate charged to depository institutions for short-term loans. It also sets the reserve requirements among other functions.
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FDIC
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The Federal Deposit Insurance Corporation
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An independent Federal agency created to maintain stability and public confidence in the banking system, it insures deposits at thousands of banks and savings associations and promotes the safety and soundness of those individuals by identifying, monitoring, and addressing risk to which they are exposed.
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NCUA
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Nation Credit Union Administration
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An independent Federal agency that charters (allows) and supervises Federal credit unions. Also runs the National Credit Union Share Insurance Fund, which insures the member accounts of all federal credit unions and some state chartered credit unions.
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OCC
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The Office of the Comptroller of the Currency
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Part of the U.S. Treasury Department, it charters, regulates and supervises national banks (they have national or N.A. in their names) and the international activities of national banks.
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OTS
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Office of Thrift Supervision
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To supervise savings associations and their holding companies to maintain their safety and soundness and compliance with consumer laws.
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FTC
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Federal Trade Commission
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Started in 1914 to prevent unfair business competition, this agency now focuses on consumer protection, trade regulation, and other issues that touch the economic lives of every American.
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TILA
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Truth in Lending Act
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Also known as regulation z, this regulation promotes the informed use of consumer credit by requiring financial institutions to provide disclosures about the actual terms and costs credit.
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ECOA
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Equal Credit Opportunity Act
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This law prohibits credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age or because a person gets public assistance.
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EFTA
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Electronic Funds Transfer Act
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Provides a basic framework for the rights, liabilities and responsibilities of consumers, financial institutions and intermediaries in the electronic fund transfer system.
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CRA
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Community Reinvestment Act
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Intended to encourage depository institutions to help meet the credit needs of community in which they operate including low and moderate income neighborhoods with safe and sound operations. Each depository institutions’ performance is evaluated periodically.
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Process: Matching Game (Part I); Team Presentations (Part II).
Part I: Matching Game
Use the following set of instructions:
- Cut the above table into separate cells (three per row). Each cell will be a separate card.
- Hand out one card to each person.
- Each person should review their card and then it should be taped to their back.
- Tell participants that the objective is to find their matches.
- Tell them that they each have two matches to find—depending on what their card says, the two will be acronym, agency or regulation name, or brief description (i.e. if their card is an acronym, then they need to find a name and a description. If their card is a description, then they need to find an acronym and name, etc.).
- Instruct them that they can ask yes or no questions to find out what their card says.
Part II: Team Presentations
Use the following set of instructions:
- Once they find their team members, they should take the tags off their backs and find a place on the wall to hang them.
- Give the teams 5 minutes to prepare a 1 minute presentation about their team.
- Each team should then present:
- Their acronym.
- The agency or regulation name.
- The description the agency.
- The reason they think it’s important for them to know about this agency or law.
Resources Used for This Section:
6.4 Recognizing Predatory Banking Practices
Purpose: Provide an overview of predatory lending practices and tips for avoiding these.
Objectives: By the end of this session, participants will be able to:
- List commonly used predatory lending practices.
- Explain the places they are likely to encounter predatory lending practices.
- Explain the reasons people use predatory lenders.
- Describe ways to avoid predatory lending practices.
Time Needed: 30 minutes.
Materials Needed: Role Play skit (see below) printed out for two participants; stack of papers stapled together as mock “contract” for predatory lender to use during the skit; handouts for participants; flip charts and markers for participant small groups; flip chart or white board and markers for facilitator.
Process: Skit and Individual Exercise (Part I); Facilitated Discussion (Part II); Small Group Brainstorm (Part III); Large Group Reports (Part IV); Large Group Brainstorm (Part V).
Part I: Skit and Individual Exercise
Select two individuals to do this skit. One option is to use non-participants to play both parts (e.g., the trainer and a staff person) so that all participants can listen and observe. Another option is to use participants to play one or both roles as a way to engage them in the exercise.
Give the two skit actors the following Role Play Dialogue to present the skit and give them a few minutes to read and understand their roles. The dialogue is labeled to match up the customer with the predatory lender (e.g., customer says C1, predatory lender says PL1).
Give the participants the Role Play Worksheet (below). During the skit, have participants use the Role Play Worksheet to check off the predatory lending techniques they see in practice.
Role Play Dialogue
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Role Play #1
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Customer
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Predatory Lender
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As the customer, you:
- Really want a house—it’s part of the “American Dream” at nearly any cost.
- You may not be able qualify for conventional loan, but you really do not know.
- You believe your income will increase in the future; you are likely to take the loan believing the increased income can cover escalating loan costs.
- You do not really understand what you are getting into.
Use the following to start the dialogue:
C1: Hello. I’m here to find out about getting a mortgage for a new house. I have been hoping for years to do this.
C2: I know my credit history or scores or something like that is important, but I don’t know too much about those things.
C3: Well, will the loan cost more?
C4: I need to go get some quotes for insurance.
C5: Do I need this extra insurance?
C6: What does this “mandatory arbitration” thing mean?
C7: Can I refinance in the future if I find a better rate?
C8: Will it cost me anything additional to refinance?
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- As the predatory lender, you want to get the person to sign.
- Be really excited, but forceful; your goal is to get them to sign.
- Address their concerns with friendly optimism, but don’t directly address their concerns.
- Use the dialogue below, but feel free to add your own thoughts and ideas.
Use the following to start the dialogue:
PL1: Well, you’ve come to the right place.
PL2: Don’t worry your head about those things. We don’t need to know that stuff. We can get you a loan no matter what your credit.
PL3: Now it depends on how you mean cost. I can get you a loan quick. That saves you time and money. You can fill out all kinds of paper work, listen to long drawn out explanations, and still end up with no loan.
Why, we just wrap the fees right into the loan, and we do have to charge more. But, you’ll never notice them.
PL4: Well you can get a traditional homeowners policy, but by initialing here, here, here, and here you can get additional protections. Here is stuff falling from the sky insurance, pet injury insurance, etc., etc.
PL5: Need insurance?!?!? Need insurance?!?!?! Everyone needs as much insurance as they can get these days.
PL6: Why that is another convenience of the loan I offer. It just means that should something go wrong, we will go to arbitration. That’s just a fancy way of saying we avoid the courts.
PL7: Sure, sure, sure.
PL8: If you refinance, we lose some of our income. So we do have some provisions in the loan that help us recuperate some of those expenses. They’re no big deal, though and very, very standard.
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Part II: Facilitated Discussion
Following the skit, facilitate a discussion about what participants saw or felt.
Ask: What did you see or feel was going on?
Explain:
- Review the Role Play Worksheet and discuss each technique used.
Role Play Worksheet
What predatory lending techniques did the lender use?
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Techniques
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Yes or No
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Steering & Coercing. Aggressive sales tactics are used to steer and coerce borrowers toward subprime loans, even though they could have qualified for regular prime loans.
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Yes
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Excessive Fees. Excessive and/or unnecessary fees are incorporated into the loan amount to disguise them from the borrower. The borrower is unaware that a portion of the loan they are borrowing is covering the hidden fees.
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Yes
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Insurance and Other Unnecessary Products. The cost of insurance (such as regular mortgage insurance, fire and hazard insurance, life insurance, disability insurance, homeowner's insurance, and health insurance) and other unnecessary products are incorporated into the loan amount and lenders insist on or intimidate the borrower into buying them.
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Yes
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Abusive and Abnormal Prepayment Penalties. Prepayment penalties and conditions that are difficult to meet are included in the loan terms. The prepayment penalty is a fee the lender requires the borrower to pay if the borrower should pay off the mortgage loan early. Prepayment penalties on subprime mortgages can be so high that homeowners who want to refinance can be trapped into keeping the original, high-interest mortgage.
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Yes
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Loan Flipping. Homeowners are talked or coerced into refinancing their mortgage even when they gain nothing from the transaction, since the money realized from the transaction is offset by the excessive fees, higher interest rate, and prepayment penalties of the new mortgage. In addition, the borrower risks losing their home when a balloon payment is inserted into the fine print of the loan flip.
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No
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Mandatory Arbitration. Language is included in the fine print of the loan terms and conditions making it illegal for the homeowner to take legal action against the lender. The loan documents require the borrower to submit to arbitration, a process controlled by the lenders and one for which the borrower can find it difficult to find legal representation.
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Yes
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Part III: Small Group Brainstorm
Assign each group a type of predatory lending. If you have more than four groups, you will have to assign a particular type of loan to more than one group.
1. Predatory Subprime Mortgage.
2. Pay Day Loans.
3. Car Title Loans.
4. Overdraft Protection.
Give each group a flip chart and marker.
Have them brainstorm the reasons they think people use the product their group has been assigned.
Be sure to define each kind of predatory loan before the start of the exercise.
Use the information below as a reference.
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Predatory Loan
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Brief Explanation
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Predatory Subprime Mortgage
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Given the foreclosure rate in the U.S., most people are aware of predatory, subprime mortgages. These mortgages are loans for homes made to people who generally cannot qualify for conventional mortgages due to a poor credit history, low credit score, or lack of income. In addition to people who cannot qualify for conventional home financing, predatory subprime loans are targeted at first time home buyers and seniors.2
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Pay Day Loans
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Someone in need of cash presents a pay day lender with a post-dated check or an authorization from the borrower’s bank account for some time in the future (usually within two weeks) as security for the loan. The borrower gets cash minus the fee for the loan. For example, a borrower might seek a $300 loan, but leave with only $255—the $45 is the fee the pay day lender charges for the two-week loan.
When the date on the check or the authorization comes due, the lender submits these for payment. However, often the borrower does not have enough money to cover the check or the authorization, so they pay another $45 to extend the loan for another two weeks.
The tragedy of pay day lending for many of the borrowers is that people often get trapped in these loans. They never have enough to pay back the loan and pay for their expenses, so they keep renewing the loan.
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Car Title Loans
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Car title loans are similar to pay day loans—they provide short term loans—except they are secured by a borrower’s car title. Similar to pay day lenders, car title loan providers charge fees, which can include processing fees, document fees, late fees, origination fees and lien fees, and can approach annual percentage rates of “250% or higher.”3
The loans are generally given for only a percentage of the value of the car (25% or 50%), but collateralized by the full value of the car. In other words, car title loans are over-secured.
As with pay day loan, extending the loan or “rolling over” the loan for another 30-day period is common practice among car title loan borrowers. This causes fees to accumulate on top of the principal owed, and borrowers are forced to continue rolling over the loan or coming up with the cash to cover the principal and fees.
Non-payment of the loan can result in repossession of the car, which can interrupt a person’s ability to get to and from a job, get his or her children to and from child care or school, among other things.
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Overdraft Protection
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Overdraft protection often automatically kicks in if people overdraw their accounts when making a debit card transaction. The customer is not given the chance to cancel the transaction in order to avoid the overdraft fee.
At its surface, overdraft protection seems like it might be a good deal—it prevents the people from being charged non-sufficient fund (NSF) fees by the merchant and the financial institution. In reality, 46% of overdraft protection is caused by point of sale debit card purchases.4 Most of these are small amounts.
In the past, these transactions would have been denied for lack of funds. Now, a small purchase—a meal a McDonald’s—will go through without warning the individual that they are overdrawing their account and taking an overdraft protection loan to cover the shortfall. These short-term loans can cost up to $34 per transaction. This means that a person can make multiple transactions on his or her card once it’s overdrawn, and each transaction will generate a new overdraft protection loan and fee income for the financial institution. The consumer must also pay the amount borrowed, too.
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Part IV: Large Group Reports
Bring the groups back together and have each group present the reasons they think people use these products.
Ask: Why do people use these products?
Explain:
- Use the following table to add to the reasons not highlighted by the groups.
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Predatory Loan
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Common Reasons People Use These Products
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Predatory Subprime Loans
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- Really want a house—it’s part of the “American Dream” at nearly any cost
- Cannot qualify for conventional loan because of low credit score or poor credit history
- Terms seem really good up front
- High pressure sales tactics used by real estate agents, appraisers, and mortgage brokers—people who stand to benefit from the sale of the house irrespective of the cost to the individual
- Believe their income will increase in the future; they take the loan believing the increased income can cover escalating loan costs
- Do not really understand what they are getting into
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Pay Day Loans
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- People run short on cash from month to month to cover basic expenses
- Emergencies come up, but they have no emergency savings
- Holidays, back to school time, and other seasonal demands on income can create temporary shortfalls
- Financial institutions (banks and credit unions) often do not provide small loans (under $500) and if they do, underwriting standards prevent many pay day loan borrowers from qualifying
- In most cases, people believe they will have more income in the future to satisfy their debt
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Car Title Loans
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- Reasons similar to pay day loan users; title loans let individuals borrow higher amounts than pay day loans
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Overdraft Protection
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- May come automatically with checking account and debit card
- Do not understand how it actually works; may even see it as a beneficial service
- Do not keep track of checks or debit card transactions in register so they do not know how much is available to them
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Part V: Large Group Brainstorm
Ask: What are some of the ways to avoid using predatory lenders?
Explain: Use the following to add to the list if not mentioned by participants:
- Set up emergency savings in addition to your IDA: This will give you the resources to cover in case of emergency rather than using a pay day or car title lender.
- Keep track of your spending in a checking account so you never use overdraft protection.
- Be informed. Contact a housing counseling agency or attend a homeownership education course if you have any questions about the home buying process.
- Check references. Request a list of references for real estate professionals and lenders and contact the references before selecting anyone to work with.
- Research market. Before making an offer on a house, research the sale prices of comparable houses in the neighborhood to ensure that you do not make an offer that is too high for the house or neighborhood.
- Get a home inspection. Insist on a home inspection and do not necessarily use the home inspector the borrower’s real estate agent or lender recommends. Ask friends or neighbors who have recently purchased a home for the name of their home inspector.
- Be truthful. Never make false statements on loan application paperwork. Not only is this fraud, but it could result in you, the borrower, assuming a mortgage that you cannot afford.
- Understand what you sign. Ask questions if language in a loan document is not clear, and never sign a blank document. Be sure to know what the loan amount includes. While it is common for the loan amount to include the actual amount borrowed plus Private Mortgage Insurance and closing costs, you should ensure that additional items that you do not need or want, such as premium credit insurance add-ons, are not included.
6.5 Credit CARD Act
Purpose: Provide an overview to how participants can expect credit card companies to conduct business post February 15, 2010.
Objectives: By the end of this session, participants will be able to: Explain key provisions of the Act.
Time Needed: 20 minutes.
Materials Needed: Handouts for participants; flip chart or white board and markers for facilitator.
Process: Presentation and Facilitated Discussion (Part I).
Part I: Presentation and Facilitated Discussion
Use the handout on the CARD Act to provide information about key changes to how credit card companies will operate.
Explain:
Introduce the topic using the following parts:
- There is probably no area of financial services where the debate has gone on so long about what credit cards and defining what is a consumer responsibility versus how much consumers should be protected.
- Millions of households have enjoyed the convenience of credit cards for the last couple of decades.
- Unfortunately, millions of households have found themselves in financial trouble because of the use of credit cards.
- The Credit Card Accountability, Responsibility and Disclosure Act (The CARD Act of 2009).
- This Act amends, or changes, three laws:
- The Truth in Lending Act.
- The Fair Credit Reporting Act.
- The Electronic Funds Transfer Act.
AFI Training Tools Handouts
Saving and Investment Protection Worksheet
Handout for Exercise 6.2
[Click here to download]
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Definition
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Risk
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Protection
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Agency Providing Protections
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Savings Account
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Certificate of Deposit
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Checking Account
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Money Market Deposit Account
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Money Market Mutual Fund
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Mutual Fund
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Credit Card Accountability, Responsibility and Disclosure (CARD) Act
Handout for Exercise 6.5
[Click here to download]
The purpose of these reforms is to eliminate predatory practices in the credit industry.
Most of these changes are scheduled to be in effect starting February 2010.
Summary of Some of the Major Changes:
1. Forty-five day advance notice of changes to interest rates. The former notice period was 15 days.
2. Elimination of double cycle billing. This method uses the average daily balance of the current and previous billing cycles. This is the most expensive way to calculate finance charges.
3. No interest rate changes during first 12 months after opening a credit card unless the increase was disclosed when a person first opened the credit card.
4. No interest rate increases on pre-existing balances. If a credit card company decides to increase the rate, the new rate would apply to new amounts charged on the credit card only. The balance prior to the rate increase would continue to accrue finance charges at the old rate.
5. Penalty interest rate changes. If an individual doesn’t make a payment within 60 days of the due
date, even during the first 12 months of having the account open, he or she is subject to a penalty rate increase. If the rate is raised because the account was 60 days late, it must be returned to the previous rate following 6 months of on-time payments.
6. Promotional APRs must be at least 6 months long unless the Federal Reserve identifies exceptions.
7. Over the limit fees cannot be applied unless an individual has “opted-in” to allow banks to process transactions that would take the individual over his/her credit limit. Only one over the limit fee can be applied during a billing cycle.
8. Payment above the minimum must go to the balance with the highest rate of interest (as per changes to the rules outlined in #3 above).
9. Credit card bills must be sent 21 days before the due date. This gives consumers more time to pay their bills, thereby reducing the potential for late fees and penalty interest rates being implemented.
10. Credit card payments received by 5 p.m. on the date due are on time. Currently, credit card companies may consider anything after 11 a.m. late even if their mail typically arrives in the afternoon. Payments are also on time if received the next business day if the due date falls on a weekend or holiday.
11. Simplification of credit card disclosures. Credit card issuers are now required to disclose the duration of penalty interest rates, simplify information about variable rates, detail when grace periods do/do not apply, and use tables, bullet point lists and bold-faced type to make the information more accessible to the average consumer.
12. Disclosures in billing statements. Billing statements must be easier to understand and will have to include:
- Year-to-date totals of interest and fees
- Interest charged by the type of transaction
- Information about the APR being used
- The effect of minimum-only payments including total repayment time (e.g., “If you continue to make the minimum payment of $_____ on the existing balance of $______ at the effective rate of ______%, it will take you ______months to repay your debt”).
13. People under 21 can only open credit cards if:
- There is a co-signer over 21
- The consumer submits financial information showing that he/she has the capacity to pay independently (he/she has sufficient income)
Increases in the credit limits must include authorization from co-signer.
14. Credit card issuers must consider a person’s ability to pay when issuing credit cards or increasing credit limits.
15. Limits prescreened offers to young people and requires transparency/disclosure of affinity arrangements between universities and credit card issuers.
Resources:
- U.S. Senate Committee on Banking, Housing and Urban Affairs Summary of the Credit Card Accountability Responsibility and Disclosure Act, the CARD Act of 2009.
- The CARD Act of 2009.
1 Note that the summary of Money Smart Module 6 was developed in May 2010 and may not reflect changes made to the Money Smart Module 6 after this date.
2 U.S. Department of Housing and Urban Development. www.hud.gov.
3 Why car title loans are a bad idea by Christopher Neiger. www.cnn.com/2008/LIVING.
4 Overdraft Loans Overview. The Center for Responsible Lending. www.responsiblelending.org.