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Fed's Kroszner Outlines Proposals For Consumer Protection

By RTTNews Staff Writer   ✉  | Published:  | Google News Follow Us  | Join Us
rttnewslogo20mar2024

Federal Reserve Governor Randall Kroszner turned his attention to consumer protection Wednesday, discussing credit as the "lifeblood of the American economy." The Fed Governor did not comment on the current economic situation, rather outlining a series of proposals by government agencies and the Federal Reserve designed to protect consumers from certain potentially detrimental credit practices.

"If consumers are not well informed, it is difficult for them to be effective in conveying to businesses what they most want and in rewarding those businesses that do produce such products," Kroszner said. "Good information in a marketplace thus not only empowers consumers to make better choices but also helps competition work more effectively to provide the products consumers most desire."

As part of their role as supervisory lenders, the Federal Reserve must "ensure that lending is undertaken in a safe and sound manner," Kroszner said.

The opening of lending to consumers, developing a consumer credit market has "generally benefited consumers," the Fed Governor noted. However, improving information available to consumers would likely help them determine the kind of debt they can take on safely, Kroszner explained.

"To be effective, disclosures must give consumers information about credit pricing and important terms at a time when it is relevant, and in language consumers can easily understand, Kroszner said. "Better credit-term disclosures permit better-informed credit decisions and lead to more-intense competition among creditors."

The catalyst of the subprime mortgage crisis has been traced back to a high rate of defaults on loans that consumers in the subprime market took on. During the housing boom, creditors often gave home loans to consumers who were in the subprime market, offering attractive ARMs. However, as consumers were unable to pay back the loans, the subprime market unraveled, touching off a global credit crisis.

Lenders have taken a large chunk of the blame for the subprime mortgage crisis. The growth of the subprime market the spite the high risk is cited as one of many causes of the collapse. The Federal Reserve has been stressing financial education as well as greater disclosure associated with the lending process.

"In some circumstances, the disclosure rules can facilitate efficient market outcomes by establishing guidelines to improve information flows and establishing uniform standards for how information is provided," Kroszner noted, citing the Truth in Lending Act of 1968 as an example of improved disclosure.

"Numerous pages of fine print may provide the comprehensive descriptions that lawyers may prefer," Kroszner said, joking that there were many lawyers in the audience, "but they can also be confusing, or provide limited value, to consumers."

The Federal Reserve is conducting a series of focus-group tests to determine the comprehension if information by consumers for credit card disclosures, he said. Processes, such as the double-cycle billing, are beyond the comprehension level of most consumers, Kroszner explained.

In cases like double-cycle billing, "improving information disclosure alone may not adequately address the issue," Kroszner said. "Consequently, the goal of consumer protection may be most effectively realized, weighing the potential costs and benefits, if certain product features are modified by rule or prohibited outright rather than disclosed."

The Fed Governor then outlined the new set of rules that the Federal Reserve is finalizing in order to address issues that require attention beyond improved disclosure. Specifically, Kroszner outlined the rules of the Home Ownership and Equity Protection Act proposed in December, adding that they are expected to have them finalized by July.

"The proposal addresses concerns about underwriting and lenders' consideration of the borrower's ability to make the scheduled payments, including verifying the income and assets that lenders rely upon in making the loan, " Kroszner explained. "The proposal also addresses concerns about prepayment penalties and the impact on consumers when lenders fail to establish escrow accounts for taxes and insurance."

Working with their consumer testing, the Federal Reserve expanded its consumer protection regarding credit card use in May by proposing rules under the Federal Trade Commission Act. The proposed rules, issued by the Fed, the Office of Thrift Supervision, and the National Credit Union Administration, offer several changes to address potentially abusive lending practices.

"A robust, innovative, and competitive consumer finance market is crucial to a healthy economy," Kroszner said. "The Federal Reserve is working diligently to best use its authorities to provide both creditors and consumers with rules that strike the right balance between ensuring that consumers receive useful information at an appropriate time and restricting certain practices, while at the same time minimizing the risk of unintended consequences and the imposition of unnecessary costs that could reduce the benefits of a vital consumer finance marketplace."

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