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Credit-Card Issuers Boost Spending on Social-Media Ads

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Credit-card pitches are moving from the mailbox to the social-media feed as several big card issuers recently increased spending on Facebook ads in an effort to attract new borrowers, the Wall Street Journal reported. Capital One Financial Corp. and American Express Co. spent an estimated $18.6 million and $13.5 million, respectively, on Facebook ads meant to sign up new consumer-credit-card holders in 2018, according to Mintel Comperemedia’s analysis of data from digital marketing intelligence firm Pathmatics, up from $2.8 million and $4 million in 2017. Capital One, the fifth-largest U.S. credit-card issuer, has been paying Instagram and Twitter users with 100,000 to one million followers to post photos, mostly of restaurant settings, alongside the bank’s Savor rewards credit card, according to Mintel. Discover Financial Services spent over $1 million on consumer-credit-card ads aimed at prospective new borrowers on Facebook in 2018, up from $426,000 a year earlier, according to Mintel and Pathmatics.

Sen. Elizabeth Warren Proposes Student-Debt Cancellation

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Sen. Elizabeth Warren (D-Mass.) is proposing using taxpayer money to wipe out hundreds of billions of dollars in student-loan debt as a way to control rising college costs, the Wall Street Journal reported. The proposal, which the Democratic presidential candidate would pay for by increasing taxes on high-wealth households, steers the bulk of debt relief toward people whom Warren views as least likely to be able to repay their loans. Warren is also proposing eliminating tuition and fees at every U.S. public two- and four-year college by having the federal government negotiate with states to split the costs of tuition and fees. Additionally, she would boost funding for Pell Grants — federal aid for college expenses that doesn’t have to be paid back — by $100 billion over the next 10 years. Read more. (Subscription required.) 

Student loan debt in bankruptcy is one of the many issues addressed in the Final Report of ABI's Commission on Consumer Bankruptcy. To download a copy of the the Consumer Commission’s Final Report of recommendations or to watch a special briefing by Commission unveiling the report, please visit consumercommission.abi.org.

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New CFPB Director to Continue Review of Complaints Database, Fair Lending

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The new director of the Consumer Financial Protection Bureau will continue with reviews, begun by her predecessor, of its public complaints database and how the agency enforces discriminatory lending laws, Reuters reported. Kathy Kraninger said the agency was discussing how the public complaints database, a key source of the bureau’s investigations, should operate. “It is on the agenda this year to address what is the public kind of discussion about what the database should be,” she said. The financial industry and consumer advocates have been watching closely to see whether Kraninger would continue with a number of controversial projects begun by Mick Mulvaney, formerly the agency’s interim director and now President Donald Trump’s chief of staff. Kraninger acknowledged that the database, which went public in 2012 to boost transparency of consumer issues, supported the bureau’s mission to protect borrowers, but did not rule out making it private.
 

Consumer Groups Fear CFPB May Allow Debt Collectors to Send Texts, Emails

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The Consumer Financial Protection Bureau will unveil debt collection rules in a few weeks, the agency’s director said yesterday, potentially unleashing a battle over the industry’s tactics and consumers’ rights, the Washington Post reported. The proposal, which would be the first update to the Federal Debt Collection Practices Act in more than 40 years, will address how often debt collectors can call someone and the industry’s use of emails or text messages, CFPB Director Kathy Kraninger said. The CFPB will “modernize the legal regime for debt collection,” Kraninger said in her first major speech since becoming the bureau’s director in December. The $11 billion industry has been anxiously awaiting the proposal, hopeful the Trump administration would set out clear rules, including allowing debt collectors to email and text consumers. Consumer advocates, meanwhile, have asked the CFPB to stop debt collectors from harassing consumers and collecting on “zombie” debts.

Survey: Consumers Around the World Are Spending Less on Almost Everything

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Consumers around the world are likely to spend more cautiously in the coming months amid political and economic uncertainty, according to a new report that surveyed shoppers in 64 countries, the Washington Post reported. Shoppers said that they have cut back on clothing and entertainment costs in the past year, and have taken measures to save on gas and electricity, according to the Conference Board Global Consumer Confidence Survey, conducted in collaboration with Nielsen. Consumers in Europe and Latin America are buying cheaper alcohol and groceries, while Asian shoppers are scaling back their annual vacations. Consumers in more than half of the 64 countries surveyed said they expect economic conditions to worsen in the coming year, the survey found. Uncertainty over international trade negotiations, as well as Brexit and whatever President Trump might do or say next have taken a toll on how much people plan to spend, particularly in North America and Europe, Dahlhoff said. Overall, the Global Consumer Confidence Index slipped one point to 106 in the first quarter of 2019. “Despite the high levels of confidence globally, consumers in different markets have different views about where the economy is heading in 2019,” said Bart van Ark, global chief executive of The Conference Board. “The majority of global consumers do not expect conditions to become more favorable over the next twelve months."

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ABI's Commission on Consumer Bankruptcy Unveils Final Report of Recommendations to Make Personal Bankruptcy More Accessible for Financially Struggling Americans

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Alexandria, Va. The ABI Commission on Consumer Bankruptcy unveiled its final report of recommendations to identify updates to be made to the U.S. Bankruptcy Code and Rules so that the system is more accessible and efficient for both financially struggling Americans and the professionals who serve them. The Commission was created in December 2016 to research and recommend improvements to the consumer bankruptcy system that can be implemented within its existing structure. After soliciting public feedback, Commission members identified nearly 50 discrete issues for study and divided these issues among three advisory committees composed of 52 bankruptcy professionals. The commissioners and committee members represent all diverse stakeholders in the bankruptcy system.

“The report represents the hard work of all stakeholders over a two-year period,” said co-chair Hon. Elizabeth Perris (ret.). “As one of the co-chairs, I am proud that the report contains thoughtful suggestions for how to make the system work better for all involved.”

“As one of the co-chairs, I believe the report will trigger meaningful discussions that can lead to improvement in the consumer bankruptcy system,” said fellow co-chair Hon. William Houston Brown (ret.).

Some of the select issues addressed in the final report of recommendations include:

  • Student loans in bankruptcy
  • Remedies for discharge violation
  • Protection of interests in collateral repossessed pre-petition
  • Chapter 7 attorneys’ fees
  • Attorney competency & remedying lawyer misconduct
  • Credit counseling and the financial management course
  • Means test revisions and interpretations
  • Chapter 13 debt limits
  • Racial justice in bankruptcy
  • Reserve fund in chapter 13 cases
  • Chapter 7 trustee compensation

To download a copy of the full report, please click here.

The Commission is grateful to the financial support received from the ABI Anthony H.N. Schelling Endowment Fund and the NCBJ Endowment.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 11,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

Bankrupt Student Loan Borrowers Could Finally Get a Break

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Getting out from under crushing student loan debt might become a little easier if new proposed changes in bankruptcy rules take hold, MarketWatch.com reported. The proposed changes are part of a wide-ranging report by prominent members of the bankruptcy community, including former judges, academics and lawyers from both the debtor and creditor sides. The recommendations from the American Bankruptcy Institute’s Commission on Consumer Bankruptcy are aimed in part at addressing issues that have made it more challenging for debtors to file bankruptcy. The 274-page report, released Thursday, touched on issues including attorney costs, rainy day funds for debtors with unexpected expenses and the disproportionate number of African-American consumers in a certain type of bankruptcy proceeding. “Debt hanging over the debtor forever has a cost,” Elizabeth Perris, a retired bankruptcy judge who co-chaired the commission report, said Thursday. “It’s a cost in terms of lack of purchase of houses, cars, having children and we just recognize that at a certain point for those people who want to avail themselves of bankruptcy, they ought to be able to get the fresh start and move on with their lives.” Read more

To download a copy of the the Consumer Commission’s Final Report of recommendations or to watch a special briefing by Commission unveiling the report, please visit consumercommission.abi.org.

Ditech Bankruptcy Could Block Homeowners From Pursuing Damages

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Homeowners who say mortgage servicer Ditech Holding Corp. mishandled their payments and charged illegal fees could be blocked from collecting damages because of the company’s bankruptcy, despite a 2005 law aimed at preventing such an outcome, WSJ Pro Bankruptcy reported. Officials at the Justice Department and consumer advocates are warning homeowners that they could miss out on compensation if Ditech reorganizes in chapter 11 without selling its operations. The Fort Washington, Pa.-based company, which collects mortgage-loan payments on about 1.4 million residential loans through Ditech Financial LLC, Green Tree Servicing Corp. and other associated companies, filed for bankruptcy in February. The company, which blamed its financial troubles on rising interest rates and its own heavy debt payments, faces thousands of litigation claims from homeowners who have notified the company, through letters and lawsuits, of mistakes related to their mortgage accounts, according to documents filed in U.S. Bankruptcy Court in New York. Some homeowners said Ditech companies failed to properly credit payments, while others said the company has charged improper fees or mistakenly begun to foreclose on their properties. Consumer lawyers said homeowners who accuse servicers of wrongdoing generally seek compensation ranging from a few hundred dollars to more than $1 million.

Analysis: College Grads Sell Stakes in Themselves to Wall Street

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To fund part of the cost of a college degree, some students are sidestepping the common source of money, a student loan. Instead, they have agreed to hand over part of their future earnings through a new kind of financial instrument called an income-sharing agreement (ISA), according to a <em>BloombergBusinessweek</em> analysis. In a sense, financiers are transforming student debtors into stock investments, with much of the same risk and, ideally, return. For now, the market for income-sharing agreements can be measured in the tens of millions, a tiny sum compared with the $170 billion in outstanding asset-backed securities created from student loans. Only some schools let outside investment firms buy a stake in students. Others seek out individual donors, mostly wealthy alumni, or use money from their own endowments. Along with Purdue, which started its program in 2016, some smaller private schools such as Lackawanna College in Scranton, Pa., and Norwich University in Vermont are offering ISAs. The University of Utah recently announced a pilot plan. ISAs raise all kinds of questions. How many students will lose their jobs and be unable to pay? How much should Wall Street demand as compensation for the risk? Investors typically ask for a smaller slice from students with more lucrative majors. At Purdue, for example, English majors borrowing $10,000 pay 4.52 percent of their future income over nearly 10 years; chemical engineers, 2.57 percent in a bit over seven years.