The Situationist

Posts Tagged ‘credit cards’

The Situation of Credit Card Regulation

Posted by The Situationist Staff on September 28, 2009

Credit Card in IceSituationist Contributor Adam Benforado recently published the following op-ed, titled “Time to Rein in Tricks of the Financial Trade,” in Cap Times.

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I have a confession: I teach contract law, and I do not understand everything in my credit card agreement.

If business law professors are getting lost in the fine print of consumer financial products, we have a fundamental problem.

Back in the early 1980s, the average credit card contract filled up a single page. Today, a similar agreement runs to more than 30. These contracts are designed to maximize company profits by hiding costly traps for consumers in a dense forest of confusing provisions and mysterious words like “LIBOR” and “Cash Equivalent Transactions.”

It is no wonder that a 2006 study by the Government Accountability Office found that “the disclosures in the customer solicitation materials and card member agreements provided by four of the largest credit card issuers were too complicated” and that “many (credit card holders) failed to understand key aspects of their cards, including when they would be charged for late payments or what actions could cause issuers to raise rates.”

Credit card companies defend themselves by explaining that they fully disclose the terms and risks associated with their products, but it is not disclosure if you know that the other party is incapable of understanding the information you are conveying – and particularly if your profitability model is based on that person not understanding.

The situation is really no different than if credit card companies decided to print all of their U.S. contracts in Arabic instead of English. Yes, consumers would technically be given all of the relevant particulars about rates, balance calculations, and payment periods. However, just as here, companies would know that most consumers would not grasp the fundamental provisions of the agreements and that, as a result, the companies could get away with hiding plenty of underhanded – but highly profitable – tricks in the details.

The consumer financial products industry loves to talk about how it works tirelessly to cater to consumer choice, but these incomprehensible documents are a testament to the lack of choice under the current system. Dozens of critical decisions are dictated by the company with no input at all by consumers. Indeed, these contracts – whether credit card agreements, car loans, or mortgage papers – are filled with provisions that few if any rational consumers would choose if they had the option.

What customer would select a universal default provision, permitting a bank to increase interest rates even when that customer is meeting all of the terms of her credit contract? Who, in their right mind, would choose to have double-cycle billing, allowing companies to charge interest on money that a customer has already repaid? Who would elect to give the opposing party in an agreement the right to change the terms of the contract at any time, for any reason, while binding himself to follow every little detail?

The current system is not about maximizing customer choice; it is about maximizing profit while constraining choice. By strapping customers into contractual straightjackets, credit card companies can reach their hands into Americans’ back pockets without much effort at all. And that they do: for billions of dollars a year in ill-gotten interest payments, fees, and other credit charges.

So what is to be done?

We need a regulatory agency to protect our freedom of choice and to force companies to provide real disclosures – ones that everyone understands. Though it has not gotten much attention in the press, President Obama recently proposed just such an entity: a Consumer Financial Protection Agency charged with ensuring financial product safety.

Unifying and mending what is now a patchwork quilt of ineffectual, complicated, and contradictory regulations, the CFPA would have the power to set guidelines and monitor mortgages, car and payday loans, and credit card contracts. The agency would work to promote clear explanations of the real risks and costs of financial products in contracts that could be read in three or four minutes without the assistance of a lawyer or an MBA. With this newfound clarity, consumers could knowledgeably compare products and exercise real choice, allowing market competition to work effectively and allowing those honest and fair companies that currently don’t stand a chance to rise to the top.

Just as they have deceived consumers with legalese and fine print, industry representatives are now trying to muddy the waters for policymakers with convoluted arguments, faulty logic, and fear mongering. We must not lose sight of the truth: The CFPA is needed to protect the freedom and economic stability of hard-working American families.

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To read some related Situationist posts, see “The Financial Squeeze: Bad Choices or Bad Situations?” “The Situation of the American Middle Class,” “Are Debtors Rational Actors or Situational Characters?,” and “The Situation of College Debt” – Part I, Part II, Part III, and Part IV.

Posted in Choice Myth, Deep Capture, Law, Marketing, Public Policy | Tagged: | 2 Comments »

Are Debtors Rational Actors or Situational Characters? – Abstract

Posted by The Situationist Staff on April 11, 2009

credit-cardsPromising young scholar, Chrystin Ondersma, published her excellent new article, titled “Are Debtors Rational Actors? An Experiment” in 13 Lewis & Clark L. Rev. 279 (2009). Here’s the abstract.

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This Article examines patterns in bankruptcy filing data to determine whether this data supports the simplistic Rational Actor model that is the basis for Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The Article closely reviews the Rational Actor and Situationist models–the current debate about human behavior in bankruptcy context. Analysis of empirical data of pre-BAPCPA, post- BAPCPA, and current filings demonstrate that while BAPCPA reduced the number of filings nationally, unexplained variation in filing patterns exist. These findings suggest that the Rational Actor model provides a limited understanding of human behavior in the bankruptcy arena. As salient economic factors–poverty, unemployment, and foreclosure rates–fail to adequately explain the local variation patterns, this Article explores non-economic factors to develop a better understanding of debtor decision making. Wide local variation patterns in filing data demonstrate that a more nuanced model that takes into account both nationwide and local situational pressures is required for understanding debtor decision-making and developing effective policies.

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You can download the article for free here. To read some related Situationist posts, see “The Financial Squeeze: Bad Choices or Bad Situations?” and “The Situation of College Debt – Part IV.”

Posted in Abstracts, Choice Myth, Legal Theory | Tagged: , , , | 2 Comments »

Situationism in the Blogosphere – October, Part II

Posted by The Situationist Staff on November 21, 2008

Below, we’ve posted titles and a brief quotation from some of our favorite non-Situationist situationist blogging during October 2008. (They are listed in alphabetical order by source.)

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From Experimental Philosophy: “Causal Judgment and Moral Judgment

“It is now widely believed that people’s moral judgments can affect their causal judgments, but a great deal of confusion remains about precisely why this effect arises. . . . Our hypothesis draws on the idea that people’s causal judgments are based on counterfactual reasoning.” Read more . . .

From The Frontal Cortex: “Anchoring and Credit Cards

“New research by the University of Warwick reveals that many credit card customers become fixated on the level of minimum payments given on credit card bills. The mere presence of a minimum payment is enough to reduce the actual amount many people choose to pay on their bills, leading to further interest payments.”  Read more . . .

From Inquisitive Mind: “Social Judgment: Warmth and Competence are Universal Dimensions” 

“How do you make sense of Barack Obama and John McCain? The odds are that you judge them mainly on two dimensions: warm/cold and (in)competence. Depending on your experience of them, you may judge one of them as both warm and competent, evoking your admiration and pride; and perhaps the other as neither warm nor competent, which triggers a sense of contempt and disgust. Or perhaps you view one as warm but not competent, which generates pity and sympathy; or finally, you could judge one of them as cold but competent, leading to feelings of resentment and even envy. All the media hoopla boils down to these two dimensions, which determine the outcomes of Presidential campaigns, but also our ordinary perceptions of other people as individuals or as group members.” Read more . . .

From Legal Theory Blog: “Legal Theory Lexicon: Legitimacy

Legitimacy. It’s a word much bandied about by students of the law. “Bush v. Gore was an illegitimate decision.” “The Supreme Court’s implied fundamental rights jurisprudence lacks legitimacy.” “The invasion of Iraq does not have a legitimate basis in international law.” We’ve all heard words like these uttered countless times, but what do they mean? Can we give an account of “legitimacy” that makes that concept meaningful and distinctive? Is “legitimacy” one idea or is it several different notions, united by family resemblance rather than an underlying conceptual structure.” Read more . . .

From Mind Hacks: “Feeling Out of Control Sparks Magical Thinking

Psychology Today journalist Matthew Hutson covers some fascinating experiments just published in this week’s Science that found that reducing participants’ control increase the tendency for magical thinking and the perception of illusory meaning in random or patternless visual scenes.” Read more . . .

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For previous installments of “Situationism on the Blogosphere,” click on the “Blogroll” category in the right margin.

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