Posts Tagged ‘government’

Preventing Discriminatory Lending: The Truth in Lending Act of 1968

The nineteen sixties was a very controversial time for the United States, with one of the most important issues being equality among race and gender. Racism was visible in almost all areas of life, including the financial industry. To help address this issue, congress passed a series of laws intended to help prevent discriminatory lending practices.

One of the major problems in the lending and credit industries was that the terms of a loan was often not completely obvious to borrowers. This meant there were often hidden terms and costs, which would not be disclosed to the borrower until they violated these terms. To help protect against this, Congress passed the Truth in Lending Act in 1968.

What is the Truth in Lending Act?

The main purpose of the Truth in Lending Act was to ensure that prospective borrowers were made fully aware of all terms and costs associated with a loan, before they actually signed the loan agreement. This may sound like common sense advice that should be used before entering any contract, but many lenders purposely hid information from borrowers.

In most cases the Truth in Lending Act does not attempt to regulate the types of charges that can be applied to a consumer credit line, but instead is aimed at requiring a standardized disclosure of the charges and terms, without requiring the consumer to first sign the contract. The exception to this is subprime mortgages and high cost mortgages, whose charges may be regulated by the Truth in Lending Act.

What Consumer Protections Does the Truth in Lending Act Offer?

The Truth in Lending Act also allows the borrower more freedom in canceling credit transactions that require a lien to be placed on the borrowers primary dwelling.

The Truth in Lending Act contains several sections, which require that:

  • The consumer must be made aware of the annual interest rate of the loan(APR,) as well as other charges and rates.
  • Oral disclosures are also more regulated, with specific attention paid to Spanish language disclosures.
  • Creditors and Lenders must adhere to regulations when advertising that are intended to promote more truth in advertising.
  • Creditors and Lenders must answer complaints and questions in a timely manner.

Does the Truth in Lending Act do Enough?

While the Truth in Lending Act was a step in the right direction, a true change in the lending industry would take many years and still has a long way to go.

With as complicated as most mortgages are, even with the information fully disclosed, many borrowers do not fully read or understand closing documents, which can lead to many problems.

Senate Approves Budget Increase for Cash for Clunkers Stimulus Program

carsOn Thursday, the US Senate approved a bill allocating an addition $2 Billion for the Cash for Clunkers program. President Obama is expected to quickly sign the bill into law, so the stimulus program can continue.

The Cash for Clunkers program is designed to provide an incentive for Americans to trade in their older car for a new more fuel efficient vehicle. The incentive program offers $3,500 or $4,500 for vehicles that have a 4mpg or 10mpg increase in fuel efficiency respectively. As part of the Cash for Clunkers incentive program, the trade in vehicle must be destroyed.

The bill that was passed in the Senate yesterday comes a week after announcements that the budget for the Cash for Clunkers program had been expended. The US House of Representatives quickly passed a bill the following day, allocating an additional $2 Billion. This bill was passed by the Senate a week later, with a vote of 60 to 37.

While there are some legislators that are very critical of the Cash for Clunkers program, it is hard to say that it has not stimulated the economy. It is estimated that more than 250,000 new cars have been bought so far as part of the stimulus program. This has a very big impact on new car dealers, but it also helps out many other industries, including scrap yards and metal recyclers.

The scrap yards are not able to use the engine of a car traded in as part of the Cash for Clunkers program, because the engine must be destroyed. However, they can recycle the other parts on the car to sell them used. The rest of the vehicle is subsequently recycled for scrap metal.

While the Cash for Clunkers program does offer a number of real time benefits, both for new car owners and for new car dealers, it also will have a very big long term effect.

A 4mpg Increase is Nothing to Scoff At

Each of the new cars purchased as part of the incentive program must at least have a 4mpg increase in fuel efficiency. Since the trade in vehicles are essentially decommissioned and taken off the road, this means that this program significantly increases our overall fuel efficiency. Over the course of five or ten years, this will account for greatly reduced gas consumption.

When considering vehicle gas consumption and fuel efficiency, it might be easy to think that 4mpg is an insignificant number, but this is not necessarily the case.

To put this in perspective, take a car that gets 15mpg and a car that gets 30mpg. If each of these cars are driven 10,000 miles they will use approximately 667 and 333 gallons of gas respectively.

An increase of only 4mpg to 19mpg and 34mpg, will have a much larger effect on the low gas millage car than the less fuel efficient car. The 19mpg car will use almost 141 fewer gallons of gas every year, while the 34mpg will only use 39 fewer gallons of gas.

As a result, increasing fuel efficiency by 4mpg in our less fuel efficient vehicles will have a very big impact on our gas consumption as a country.