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Big banks like Chase have repeatedly targeted communities, taxpayers, and even our schools with predatory debt. It's time to fight back.
Chicago’s school year kicked off amid a looming budget crisis that jeopardizes stability for both students and teachers. At the heart of the issue is a silent killer of public education: predatory bank loans, particularly from JPMorgan Chase.
During a bargaining session with the Chicago Teachers Union (CTU), I urged Chicago Public Schools (CPS) to stop allowing big banks to hold Chicago students hostage. Instead of delaying contract negotiations with teachers and risking program cuts that harm students, CPS and state officials should take legal action to recover the funds lost due to these toxic bank deals.
CPS has a deficit projection of over half a billion dollars, perpetuated by the several hundred million dollars in predatory loans from banks like JPMorgan Chase taken out nearly a decade ago. These loans have strangled CPS finances and prevented the district from providing the high-quality education Chicago's children deserve.
Predatory loans are a familiar problem for families in Chicago and around the country. These risky loans are hawked as a short-term solution to fill a gap in finances–with a steep interest rate buried in the fine print that balloons over time.
Chicago Public Schools should hold banks like Chase accountable for the harm they’ve caused Chicago’s schoolchildren.
Chase has repeatedly targeted communities, taxpayers, and even our schools with predatory debt. Chase and its predecessor banks pushed Black and brown Chicagoans into the predatory subprime mortgages that caused the 2008 financial crisis, leading to a tsunami of foreclosures that resulted in a massive loss of household wealth in communities of color.
And nearly 10 years ago, Chase closed a predatory deal with CPS that has haunted our finances ever since.
CPS was already reeling from drastic cuts to special education services in 2016, prompted by the immediate payment of $234 million in termination fees for bad deals they entered into a decade prior. An unfair school funding formula forced 50 schools to shutter three years earlier and continued to destabilize the same South and West side neighborhoods.
A twin set of threats were on the horizon: a potential takeover of schools by Governor Bruce Rauner, a Republican who was hellbent on making Illinois more like Texas, and a threat by Mayor Rahm Emanuel to lay off 6,000 teachers to close a budget gap caused by structural underfunding.
The school district desperately needed funds to pay for projects like lead abatement. Rather than face a takeover or mass layoffs, they decided to issue bonds in order to pay the termination fee. But because CPS’s credit rating had been downgraded to “junk” just a few months prior, financial giants like Chase and Nuveen exploited the opportunity.
Banks purchased the bonds from CPS at a lowball price but then sold them to other investors just months later for a much higher payoff. Over a span of two months, Chase bank made a 9.5% profit on $150 million in bonds through this arbitrage scheme, an annualized profit of 82%. This calls into question whether Chase met its legal obligation to give CPS a fair price for the bonds. Our schools are still impacted by these bad deals, paying $200 million annually for loans taken out during this moment of crisis.
CPS was also the victim of toxic interest rate swaps deals that cost the district, Chicago, and the state of Illinois hundreds of millions of dollars in the early 2000s. Banks had marketed swaps as a way for cash-strapped governments to save money, but they were laden with hidden risks that materialized as a result of the 2008 financial crisis, causing payments to skyrocket and costing taxpayers a fortune.
As with Chicago’s parking meter and Skyway deals, future generations of taxpayers were stuck holding the bag. From 2012 to 2016, the City of Chicago handed over $145 million to Chase Bank alone to terminate these toxic swaps.
CPS should hold banks like Chase accountable for the harm they’ve caused Chicago’s schoolchildren. There is strong reason to believe the banks that trapped CPS into these predatory deals violated their legal responsibilities to the district. While the district has improved its financial health since 2016, recovering the millions lost to predatory lending would help build on their progress.
Decades of underfunding and predatory banking have swallowed the district’s reserves. Now, faced with a federal reduction that could slash funding by $800 per student, the district has reached an inflection point: Will CPS hold banks accountable and fund the programs, resources, and staff that students deserve—or will they make cuts that set kids back?
"it is not that Chicago Public Schools does not have the funds. It's that Rahm Emanuel sold the school district to Jamie Dimon, JPMorgan Chase, and other bankers and left it broke on purpose."
The Chicago Teachers Union on Wednesday demanded a state investigation into a series of loan deals made with "predatory" Wall Street banks under ex-Mayor Rahm Emanuel and former Illinois Gov. Bruce Rauner that left the city's school system "broke on purpose."
"For years, banks scammed [Chicago Public Schools] with predatory financial deals, taking money out of our classrooms and shortchanging our students," CTU detailed in an online contract update. "For years, CPS and many other Illinois school districts have been systematically underfunded, burdened by bad bank deals, and forced to do more with less. We will need leadership from every level of government to transform our schools with the resources they deserve."
According to the Chicago Sun-Times: "During the financial crisis, stemming from the budget stalemate under... Rauner, from 2016 to 2018, CPS took out six high-interest loans. Just on these loans, CPS must pay $194 million this year."
CTU's letter to Illinois Attorney General Kwame Raoul requesting a probe says that "the predatory loans CPS took on were at sky-high interest rates unheard of for municipalities and public bodies, especially at a time when interest rates were at record lows."
As the union—now in bargaining talks with the city over a new contract—said in a statement about the request:
In other instances of predatory banking, state and local officials sought remedy through class-action lawsuits and other legal efforts to recoup funds, address the harm, and defend the public. However, in Chicago, the school district is still paying $200 million per year to lending institutions for loans that JPMorgan Chase, among others, sold and earned 9.5% profit or $110 million in the first year alone.
The CTU points to multiple historic examples of public officials upholding their responsibility to defend the public from such practices and is calling on current elected officials to fulfill the same obligation.
CTU Local1 president Stacy Davis Gates stressed Wednesday that "it is not that Chicago Public Schools does not have the funds. It's that Rahm Emanuel sold the school district to Jamie Dimon, JPMorgan Chase, and other bankers and left it broke on purpose."
"Our elected officials have the responsibility to investigate those predatory bank deals, just as they did successfully in the wake of the subprime mortgage crisis, and recoup the hundreds of millions of taxpayer dollars that the banks stole from the public and our children," she asserted.
The union is arguing that Democratic Illinois Gov. JB Pritzker, the Chicago Board of Education, and city officials including Treasurer Melissa Conyears-Ervin and Mayor Brandon Johnson, a former CTU organizer, "must all play a role in helping fund our schools and undoing the damage from the Rahm and Rauner years of predatory bank deals, and the decades of inadequate state funding."
CTU held a Wednesday morning press conference, during which Saqib Bhatti, co-founder and executive director of the Action Center on Race & the Economy, said that "we're here at Chase today because Chase took a bunch of money that belongs to our kids."
"CPS is [in] dire financial straights right now, and one of the big reasons is because banks like JPMorgan Chase and Bank of America systematically ripped off CPS for years and years and years," Bhatti continued, surrounded by people holding signs with messages including "Chase Profits Off Students" and "Bad Bank Deals Cost CPS."
"We know during the subprime crisis that banks were selling predatory loans to Black and brown families, loans that were designed to fail," he explained. "They did the same thing with CPS."
CTU also invited Bhatti to speak during Tuesday's public bargaining session at Morgan Park High School—the third event of its kind since the union began negotiating with CPS in April, before the teachers contract expired on June 30.
The Chicago Board of Education passed a $9.9 billion budget last month. As Chalkbeat noted at the time, it features "cuts to central staff and administrative costs to help close a roughly half-billion-dollar deficit," and doesn't account for increases to teacher salaries, due to ongoing talks. Both Johnson and the union opposed staff layoffs.
CPS claimed during the Tuesday event that the additional cost from just 52 of over 700 CTU contract proposals would increase the district's projected deficit for fiscal year 2026 from $509 million to $2.9 billion, and by fiscal year 2029 it would hit $4 billion.
As the
Sun-Times reported:
The CTU's bargaining presentation for Tuesday's session did not ask the district to take out a loan, but it challenged officials' financial analysis and claims that they lack funding.
The union pointed to revenue initiatives that the city and state could explore, like more heavily taxing millionaires and corporations—which would require changes to state law—or seeking federal funding for school building improvements. The union also suggested efforts that could take years and would not solve the budget problems in the short term, like fighting banks for past "predatory" loans to CPS or seeking money back from past "bad vendor contracts."
"These predatory deals are costing hundreds of millions a year," said Pavlyn Jankov, research manager for the CTU. "The district has to make every effort to claw back those funds."
The newspaper noted that CPS chief financial officer Miroslava Mejia Krug "revealed that the school district is actually a part of some national lawsuits against banks, but it is unclear whether those lawsuits specifically address high-interest loans."
"Firms that harvest Americans' personal data can put people's privacy at risk," FTC Chair Lina Khan said. "Now firms could be exploiting this vast trove of personal information to charge people higher prices."
The U.S. Federal Trade Commission on Tuesday launched an investigation into surveillance pricing and requested information from eight companies on the practice.
The FTC inquiry will look at the effect of surveillance pricing—using data on consumers' behavior or characteristics to manipulate the price for them as individuals—on privacy, competition, and consumer protection.
The agency asked Mastercard, JPMorgan Chase, Accenture, and McKinsey for information on the practice, as well as four less well-known companies that service major corporations.
"Firms that harvest Americans' personal data can put people's privacy at risk," FTC Chair Lina Khan said in a statement. "Now firms could be exploiting this vast trove of personal information to charge people higher prices."
"Americans deserve to know whether businesses are using detailed consumer data to deploy surveillance pricing, and the FTC's inquiry will shed light on this shadowy ecosystem of pricing middlemen," she added.
1. Firms harvest a trove of Americans’ personal data, from your browsing history to your biometrics. Now firms could be using this data to target you with an individualized price.
Today @FTC launched an inquiry into these surveillance pricing tactics. https://t.co/G4uc8lHWOV
— Lina Khan (@linakhanFTC) July 23, 2024
Progressive advocacy groups, which have long considered Khan to be one of their strongest allies in the Biden administration, and which argue that discriminatory pricing is unfair, celebrated the FTC's announcement.
"We're thrilled to see the FTC crack down on the dystopian practice of surveillance pricing," Lee Hepner, legal counsel at the American Economic Liberties Project, said in a statement. "It's chilling to think that companies have so much control over our lives that they can leverage personal data they've harvested—including your location, demographic, and shopping history—to turn our habits against us and hike up prices on essential goods. But it's already happening."
Groundwork Collaborative executive director Lindsay Owens also praised the FTC move, warning that "a personalized price might sound nice, but it is actually a three-part corporate strategy to spy on you, isolate you, and overcharge you."
"Today's investigation is an important step in cracking down on the methods big corporations use to spy on consumers to rip them off," Owens said in a statement.
Emily Peterson-Cassin, a director at Demand Progress Education Fund, said in a statement that Tuesday's announcement was "another strong sign that the FTC is fighting for consumer power over corporate power."
Zephyr Teachout, a law professor at Fordham University who has helped lead the opposition to surveillance pricing, reacted with excitement on Tuesday.
"Woah!" she wrote on social media. "The FTC is going there! So excited to see the FTC launching a full study into how companies use data to serve different prices to different people. We know the incentive and capacity is there, but the reality of surveillance pricing has been a triple-locked black box!"
Advocates of surveillance pricing sometimes call it personalized pricing and argue that it efficiently allocates resources. Such pricing questions are the subject of great interest among business school academics, especially at elite institutions such as the Massachusetts Institute of Technology and Harvard University, according to a detailed article in The American Prospect last month.
A crackdown on the practice could conceivably have support across the political spectrum. Stock guru Jim Cramer of CNBC—a frequent and vociferous critic of Khan—praised the FTC's announcement on air on Tuesday, while expressing disbelief that he was doing so.
7/ Even @jimcramer agrees that surveillance pricing is not an honest or ethical way to treat customers.
“How could you live with yourself?” if you’re a business that uses this strategy, he asked this morning.
“That is a great report. I agree with [@FTC].” pic.twitter.com/23HEDk8Yqf
— American Economic Liberties Project (@econliberties) July 23, 2024
All five FTC commissioners, including two Republicans, voted to move forward with the investigation, which will focus on intermediary firms—"the middlemen enabling firms to algorithmically tweak and target their prices," according to a blog post the FTC also published Tuesday.
The requests for information don't indicate that the eight firms engaged in wrongdoing, but rather that they can be useful sources of information, an unnamed FTC official told The Hill.