Feb 22, 2010
The Credit CARD Act of 2009 goes into full effect
today, handing victims of predatory lending a badly needed victory. Not
complete victory but a win nonetheless.
Jubilee!? Not quite.
Those Wall Street folks are wicked smaht. They've already sniffed out
loopholes to get around the law's intent.
PR Watch.org reports: "The
new law prohibits credit card companies from raising interest rates whenever
they like, on short notice or no notice, and for no particular reason. To get
around this, CitiBank mailed out letters announcing it was raising its rates
for all of its customers to its bad-creditor rate of 30 percent, and telling
customers that they are eligible for a 'program' that lowers their
interest rate back down to the previous rate they had been paying. The only
catch: if they miss a payment their rate will zoom back up to 30 percent
immediately and retroactively -- exactly the kind of behavior the law sought to
end."
Of course, none of this would be an issue if there was
a cap on credit card interest rates. But you won't find it in the bill
(except for active military personnel), which, if you'll excuse my crusty
ole conservative curiosity, makes me wonder what ever happened to the immorality
(and illegality) of usury?
Given the numerous verses in the Bible explicitly
forbidding it -- far more than all the scriptural references to abortion or
homosexuality added together -- you'd think in a "Christian"
society, with so many politically-engaged self-professed Bible-believers, usury
would be a hot button issue.
The Prophet Ezekiel, for example, declared usury an
"abominable thing" and put it in the same category as rape, murder,
robbery and idolatry. (Ezekiel 18:19-13).
The Code of Hammurabi instituted regulations for
interest-bearing loans. Both Plato and Aristotle considered usury to be immoral
and unjust. The Romans had the "Twelve Tables" and capped interest
rates at 8.3 percent.
The Quran says "those who take usury will arise
on the Day of Resurrection like someone tormented by Satan's
touch." Hinduism and Buddhism have also historically frowned on the
practice.
And even though modern "conservatives" like
to forget it, American civil religion has a long and distinguished tradition of
usury prohibition. Adam Smith, the "father of the free-market
capitalism" strongly supported the control of usury. While he
wasn't against an all-out prohibition of charging interest, Smith argued
for a cap on interest rates, thinking it would provide low-risk borrowers
involved in socially useful investments access to necessary funds, even with
"the greater part of the money...(being) lent to prodigals and projectors
(investors in risky, speculative ventures), who alone would be willing to give
(an unregulated) high interest rate."
At the founding of the nation in 1776, every state in
the Union adopted a general usury law that
capped interest rates at six percent. It wasn't until the early 1900s
that a concerted push was made to relax usury laws, though the usury-be-damned
mentality didn't really hit its stride until the Reagan Revolution,
setting in motion a process of deregulation that led us right smack into
derivatives, credit-default-swaps, and other "financial weapons of mass
destruction" of the lending business, and voila - the Great Recession.
The bailed-out banking industry could care less, of
course. "Imposing interest-rate caps will deny tens of millions of
Americans access to credit," says Ken Clayton, senior vice president and
general counsel for card policy at the American Bankers Association.
"Low- and moderate-income Americans, and small businesses, would suffer.
This is exactly the wrong result if you want to increase lending."
Translation: unless lenders can gouge credit consumers,
only the affluent will be served.
Whatever happened to usury and interest rate limits? It
died in the Senate, just like Wall Street wanted, though it's hard to
miss the irony of a "godless" socialist like Bernie Sanders being
the one to lead the (unsuccessful) charge in the Senate to bring back that ole
time religion. Sadly, it didn't have a prayer.
Join Us: News for people demanding a better world
Common Dreams is powered by optimists who believe in the power of informed and engaged citizens to ignite and enact change to make the world a better place. We're hundreds of thousands strong, but every single supporter makes the difference. Your contribution supports this bold media model—free, independent, and dedicated to reporting the facts every day. Stand with us in the fight for economic equality, social justice, human rights, and a more sustainable future. As a people-powered nonprofit news outlet, we cover the issues the corporate media never will. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Sean Gonsalves
Sean Gonsalves is a longtime former reporter, columnist, and news editor with the Cape Cod Times. He is also a former nationally syndicated columnist in 22 newspapers, including the Oakland Tribune, Kansas City Star and Seattle Post-Intelligencer. His work has also appeared in the Boston Globe, USA Today, the Washington Post and Common Dreams. An award-winning newspaper reporter and columnist, Sean also has extensive experience in both television and radio. In October 2020, Sean joined the Institute for Local Self-Reliance staff as a senior reporter, editor and researcher for ILSR's Community Broadband Networks Initiative.
The Credit CARD Act of 2009 goes into full effect
today, handing victims of predatory lending a badly needed victory. Not
complete victory but a win nonetheless.
Jubilee!? Not quite.
Those Wall Street folks are wicked smaht. They've already sniffed out
loopholes to get around the law's intent.
PR Watch.org reports: "The
new law prohibits credit card companies from raising interest rates whenever
they like, on short notice or no notice, and for no particular reason. To get
around this, CitiBank mailed out letters announcing it was raising its rates
for all of its customers to its bad-creditor rate of 30 percent, and telling
customers that they are eligible for a 'program' that lowers their
interest rate back down to the previous rate they had been paying. The only
catch: if they miss a payment their rate will zoom back up to 30 percent
immediately and retroactively -- exactly the kind of behavior the law sought to
end."
Of course, none of this would be an issue if there was
a cap on credit card interest rates. But you won't find it in the bill
(except for active military personnel), which, if you'll excuse my crusty
ole conservative curiosity, makes me wonder what ever happened to the immorality
(and illegality) of usury?
Given the numerous verses in the Bible explicitly
forbidding it -- far more than all the scriptural references to abortion or
homosexuality added together -- you'd think in a "Christian"
society, with so many politically-engaged self-professed Bible-believers, usury
would be a hot button issue.
The Prophet Ezekiel, for example, declared usury an
"abominable thing" and put it in the same category as rape, murder,
robbery and idolatry. (Ezekiel 18:19-13).
The Code of Hammurabi instituted regulations for
interest-bearing loans. Both Plato and Aristotle considered usury to be immoral
and unjust. The Romans had the "Twelve Tables" and capped interest
rates at 8.3 percent.
The Quran says "those who take usury will arise
on the Day of Resurrection like someone tormented by Satan's
touch." Hinduism and Buddhism have also historically frowned on the
practice.
And even though modern "conservatives" like
to forget it, American civil religion has a long and distinguished tradition of
usury prohibition. Adam Smith, the "father of the free-market
capitalism" strongly supported the control of usury. While he
wasn't against an all-out prohibition of charging interest, Smith argued
for a cap on interest rates, thinking it would provide low-risk borrowers
involved in socially useful investments access to necessary funds, even with
"the greater part of the money...(being) lent to prodigals and projectors
(investors in risky, speculative ventures), who alone would be willing to give
(an unregulated) high interest rate."
At the founding of the nation in 1776, every state in
the Union adopted a general usury law that
capped interest rates at six percent. It wasn't until the early 1900s
that a concerted push was made to relax usury laws, though the usury-be-damned
mentality didn't really hit its stride until the Reagan Revolution,
setting in motion a process of deregulation that led us right smack into
derivatives, credit-default-swaps, and other "financial weapons of mass
destruction" of the lending business, and voila - the Great Recession.
The bailed-out banking industry could care less, of
course. "Imposing interest-rate caps will deny tens of millions of
Americans access to credit," says Ken Clayton, senior vice president and
general counsel for card policy at the American Bankers Association.
"Low- and moderate-income Americans, and small businesses, would suffer.
This is exactly the wrong result if you want to increase lending."
Translation: unless lenders can gouge credit consumers,
only the affluent will be served.
Whatever happened to usury and interest rate limits? It
died in the Senate, just like Wall Street wanted, though it's hard to
miss the irony of a "godless" socialist like Bernie Sanders being
the one to lead the (unsuccessful) charge in the Senate to bring back that ole
time religion. Sadly, it didn't have a prayer.
Sean Gonsalves
Sean Gonsalves is a longtime former reporter, columnist, and news editor with the Cape Cod Times. He is also a former nationally syndicated columnist in 22 newspapers, including the Oakland Tribune, Kansas City Star and Seattle Post-Intelligencer. His work has also appeared in the Boston Globe, USA Today, the Washington Post and Common Dreams. An award-winning newspaper reporter and columnist, Sean also has extensive experience in both television and radio. In October 2020, Sean joined the Institute for Local Self-Reliance staff as a senior reporter, editor and researcher for ILSR's Community Broadband Networks Initiative.
The Credit CARD Act of 2009 goes into full effect
today, handing victims of predatory lending a badly needed victory. Not
complete victory but a win nonetheless.
Jubilee!? Not quite.
Those Wall Street folks are wicked smaht. They've already sniffed out
loopholes to get around the law's intent.
PR Watch.org reports: "The
new law prohibits credit card companies from raising interest rates whenever
they like, on short notice or no notice, and for no particular reason. To get
around this, CitiBank mailed out letters announcing it was raising its rates
for all of its customers to its bad-creditor rate of 30 percent, and telling
customers that they are eligible for a 'program' that lowers their
interest rate back down to the previous rate they had been paying. The only
catch: if they miss a payment their rate will zoom back up to 30 percent
immediately and retroactively -- exactly the kind of behavior the law sought to
end."
Of course, none of this would be an issue if there was
a cap on credit card interest rates. But you won't find it in the bill
(except for active military personnel), which, if you'll excuse my crusty
ole conservative curiosity, makes me wonder what ever happened to the immorality
(and illegality) of usury?
Given the numerous verses in the Bible explicitly
forbidding it -- far more than all the scriptural references to abortion or
homosexuality added together -- you'd think in a "Christian"
society, with so many politically-engaged self-professed Bible-believers, usury
would be a hot button issue.
The Prophet Ezekiel, for example, declared usury an
"abominable thing" and put it in the same category as rape, murder,
robbery and idolatry. (Ezekiel 18:19-13).
The Code of Hammurabi instituted regulations for
interest-bearing loans. Both Plato and Aristotle considered usury to be immoral
and unjust. The Romans had the "Twelve Tables" and capped interest
rates at 8.3 percent.
The Quran says "those who take usury will arise
on the Day of Resurrection like someone tormented by Satan's
touch." Hinduism and Buddhism have also historically frowned on the
practice.
And even though modern "conservatives" like
to forget it, American civil religion has a long and distinguished tradition of
usury prohibition. Adam Smith, the "father of the free-market
capitalism" strongly supported the control of usury. While he
wasn't against an all-out prohibition of charging interest, Smith argued
for a cap on interest rates, thinking it would provide low-risk borrowers
involved in socially useful investments access to necessary funds, even with
"the greater part of the money...(being) lent to prodigals and projectors
(investors in risky, speculative ventures), who alone would be willing to give
(an unregulated) high interest rate."
At the founding of the nation in 1776, every state in
the Union adopted a general usury law that
capped interest rates at six percent. It wasn't until the early 1900s
that a concerted push was made to relax usury laws, though the usury-be-damned
mentality didn't really hit its stride until the Reagan Revolution,
setting in motion a process of deregulation that led us right smack into
derivatives, credit-default-swaps, and other "financial weapons of mass
destruction" of the lending business, and voila - the Great Recession.
The bailed-out banking industry could care less, of
course. "Imposing interest-rate caps will deny tens of millions of
Americans access to credit," says Ken Clayton, senior vice president and
general counsel for card policy at the American Bankers Association.
"Low- and moderate-income Americans, and small businesses, would suffer.
This is exactly the wrong result if you want to increase lending."
Translation: unless lenders can gouge credit consumers,
only the affluent will be served.
Whatever happened to usury and interest rate limits? It
died in the Senate, just like Wall Street wanted, though it's hard to
miss the irony of a "godless" socialist like Bernie Sanders being
the one to lead the (unsuccessful) charge in the Senate to bring back that ole
time religion. Sadly, it didn't have a prayer.
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.