House Bankruptcy Bill
Testimony of Robert Manning
Hearing on U.S. Credit Card Industry and Consumer Credit Issues,
Before the Subcommittee on Financial Institutions and Consumer Credit
United States House of Representatives, November 1, 2001
I would like to thank Chairman Spencer Bachus for
providing the opportunity for me to share my views on the increasingly
important topic of the banking industry’s policies in the
shaping the rapidly growing and segmented structure of consumer
credit markets. Along with Ranking Member Maxine Waters, who has
highlighted the often crushing burden of high interest consumer
loans to low-income families, many members of this Committee have
earned a distinguished record in championing the interests of American
households during the current period of unprecedented profitability
of the banking industry. In particular, I would like to acknowledge
the longstanding efforts of the Member from Buffalo who, due to
my new academic appointment in upstate New York, may soon be competing
for my vote in the next electoral campaign. Congressman John LaFalce
has been a passionate and persistent advocate for working families
by highlighting the increasing common excesses and questionable
business policies of the credit card industry. Unfortunately, the
central role of consumer credit in the consolidation and emerging
conglomerate structure of banking industry as well as its bifurcation
into first- and second-tier systems indicates that this committee
is long overdue in its examination of the current policies of the
credit card industry. This is especially important due to the growing
significance of consumer credit and debt to the current recession
and the role that they will play in the success or failure of various
proposed economic stimulus programs. Furthermore, the marketing
of high interest consumer loans to college students—before
they begin full-time employment—has major implications to
future trends such as asset formation, bankruptcy filings, retirement
patterns, and even national saving rates.
.As an economic sociologist, I have spent the last
15 years studying the impact of U.S. industrial restructuring on
the standard of living of various groups in American society. Over
the last 10 years, I have been particularly interested in the role
of consumer credit in shaping the consumption decisions of Americans
as well as the role of retail banking in influencing the profound
transformation of the financial services industry. In regard to
the former, my research includes in-depth interviews and lengthy
survey questionnaires with over 800 respondents. In terms of the
latter, I have studied the rise of the credit card industry in general
and the emergence of financial services conglomerates such as Citigroup
during the deregulation of the banking industry beginning in 1980.
The results of this research are summarized in my new book, CREDIT
CARD NATION: America’s Dangerous Addiction to Consumer Credit
and are updated on my web site at www.creditcardnation.com.
CREDIT and DEBT IN THE AGE OF AFFLUENCE:
Can U.S. Bankruptcy Reform Avoid the Recessionary Abyss?
The deregulation of the U.S. financial services industry over the
last two decades has contributed to profound shifts in the use,
cost, and access to various forms of credit. For U.S. financial
institutions, this new legal environment has accelerated the concentration
of the industry as well as fundamentally transformed its organizational
and institutional structure. That is, it has shaped the emergence
of a bifurcated consumer financial services system (traditional,
‘first’ tier banks and “fringe” or second-tier
banks such as pawnshops, rent-to-own shops) as well as fostered
the rise of “conglomerate” financial services corporations
such as Citigroup (1998 Citibank-Travelers’ merger).1
In the process, the U.S. banking industry recorded eight successive
years of record annual earnings (1992-1999) and registered very
strong earnings in the first two quarters of 2001.2
One of the key factors in the dramatic turnaround
in U.S. banking profitability in the 1990s has been its tremendous
increase in the marketing of new “retail” or consumer
financial services. Indeed, it was only 12 years ago that Citibank
was virtually financially insolvent (low Tier One capital levels)
and desperately seeking time from federal regulators to avert forced
asset sales or even a merger; Citibank stock sunk to its nadir of
less than $10 per share in 1989. Citigroup’s current success
is largely attributed to the profound shift in the sale of higher
cost, noninstallment loans such as revolving credit card and home
equity loans. Through the economies of scale of the megabanks and
the realization that small consumer loans at sharply higher prices
could yield much greater returns than mortgages or business loans,
the industry aggressively responded to structural economic change
(U.S. industrial restructuring) and the contracting welfare state
(declining social services) by explicitly marketing loans to consumers
that could NOT repay them. That is, the profound shift from low-risk,
installment consumer loans to higher risk and more expensive revolving
consumer loans.
In order to reduce institutional risk, high interest
and riskier consumer loans have been increasingly resold on the
secondary market as “securitarized” loans following
the success of earlier “repackaging” of home mortgages
and automobile loans. With about 55 percent of the approximately
$600 billion in outstanding consumer credit card debt essentially
syndicated through the sale of these financial instruments, the
issue of rising consumer credit card delinquencies—from 4.4%
in mid-2000 to 5.1% in mid-2001—is merely reflecting the concern
of the few remaining industry leaders over the sustainability of
their “cash cow;” Moody’s reports that the credit
card securities that it tracks actually increased slightly over
the last year—from an average annualized yield of 19.34 to
19.39 percent. Hence, in order to maintain its growth and earnings
rates, the financial services industry has been forced to expand
into increasingly riskier and marginal markets including college
students, senior citizens, working poor, and highly indebted middle-class.
In view of the lower “quality” of these loan portfolios
and their rising “real” cost, it is surprising that
the industry charge-off rates have not increased at a much higher
rate.
The Explosion of U.S. Consumer
Credit:
Long-Term Performance Enhancer or Short-Term Miracle Drug
Like an athlete who uses steroids to temporarily exaggerate muscle
mass and to boost physical strength, the U.S. economy has been perilously
inflated through the enormous increase of debt over the last two
decades. Across all sectors of U.S. society (household, government,
corporate), access to easy credit has led to a pervasive dependence
on debt, much like American's addiction to low cost energy supplies.
And, like the myriad of medical maladies that eventually afflict
steroid abusers, the negative long-term consequences of societal
debt have been neglected during the past decade of unprecedented
U.S. economic growth.
Most Americans would be surprised to learn that total
consumer debt, including home mortgages (over $6.5 trillion), exceeds
the cumulative U.S. national debt ($5.7) trillion. And, like the
sharp increase in federal borrowing that augmented the modest growth
of federal revenues over the last 20 years (U.S. national debt totaled
($940 billion in 1981), consumers have become increasingly dependent
on unsecured or revolving credit (about $55 billion in 1981) to
compensate for stagnant real wages, increasing employment disruptions,
and higher costs for big ticket items such as automobiles, college
tuition, insurance, housing, and health/medical costs. Although
the finance charges on the national debt have grown substantially
(from $292.5 billion in 1993 to $362.0 billion in 2000), accounting
for over 12 percent of the current federal budget, heavily indebted
consumers are facing a more serious financial burden since their
loans are more likely to be in the form of higher interest credit
cards (average of over 15 APR) versus more modest Treasury bonds
and Certificates of Deposit. (3-4%).
At the same time that one-stop financial shopping
has provided greater convenience and lower prices for a small minority
of U.S. households, the most economically disadvantaged or financially
indebted are increasingly relegated to the second-Tier of the financial
services industry (pawnshops, rent-to-own stores, payday-lenders)
where interest rates typically range from 10 to 40 percent and more
PER MONTH! Significantly, this fastest growing segment of the financial
services industry features the participation of some of the largest
First-tier banks such as Wells Fargo, Goleta National Bank, and
Bank of America.3
To the dismay of most Americans, the deregulation of the financial
services industry has led to record revenue growth and profits for
banks while providing more complex pricing systems, less personalized
service, and sharply increased costs to the majority of consumers.
In sum, while U.S. wages in general and household income in particular
have typically declined over the last two decades, the effective
demand of American consumers has been enhanced by their access to
increasingly higher cost credit.
This trend is especially significant since the U.S.
post-industrial economy has been fueled by the growth of consumer
related goods and services accounting for about 2/3 of America’s
economic activity (Gross Domestic Product). As long as U.S. consumer
demand has increased, stagnant real wages (from mid-1970s to late
1990s), declining labor benefits (health, pension), and the growth
of temporary or "contingent" workers (from 417,000 in
1982 to 1.22 million in 1989 and to 2.65 million in 1997) have been
obscured by the unprecedented extension of consumer (especially
revolving) credit.
Like steroid abuse, the dramatic decline in the U.S.
personal savings rate (from nearly 8.5% in the early 1980s to less
than zero today) and the sharp rise in consumer debt could have
long lasting effects on the U.S. economy. Since the end of the last
recession (1989-91), the Federal Reserve reports that total installment
consumer debt (credit cards plus consumer loans such as autos and
appliances) rose from $731 billion in 1992 to about $1.6 trillion
today. This includes a huge increase in unsecured credit card debt:
from $292 billion in 1992 to over $700 billion today; net outstanding
revolving consumer debt is about $600 billion. A remarkable trend
since credit card debt was only $50 billion in 1980.4
Together with the sharp increase in stock market valuations during
the 1990s ("wealth effect") and the corporate promotion
of immediate gratification ("Just Do It" consumption)
which inflated consumer expectations, Americans have tended to purchase
more than they could possibly afford on their household income.
As a result, the last 15 years have witnessed the mass marketing
of an idealized ‘American Dream’ that is based on the
fragile edifice of an enormous increase of consumer debt.
The steep rise in the share of household income allocated
to housing has meant that there has been less discretionary income
available for other personal or family needs. Although mortgage
debt is the least expensive consumer loan, the unprecedented increase
has squeezed the ability of households to pay for other purchases
and/or finance an unexpected expenditure. As shown in Table 1, the
mortgage share of disposable income has jumped from 18.5% in 1949
to 40.3% in 1967. Over the last 20 years, it has jumped from 44.7
% in 1979 to 55.3% in 1989 and 67.5% in 1999. When combined with
the rise in other consumer debt (home equity loans, credit cards),
the last 20 years—especially the last 10 years—has registered
an incredible increase in average household debt. Between 1979 and
1989, total U.S. household debt as a percentage of disposable personal
income jumped from 71.9% to 84.6%. Ten years later, 1999, total
household debt had crossed a previously unimaginable threshold:
it exceeded average discretionary income (103.0%). 5
Furthermore, it is important to note that some economists argue
that the consumer debt burden has remained largely unchanged over
the last three decades. This view ignores two important realities
of contemporary American society: (1) the “real” cost
of consumer credit has increased dramatically and (2) current measures
of consumer debt fail to capture important changes. In regard to
the latter, many important sources of consumer debt are not included
such as car leases, payday loans, pawns, and rent-to-own contracts.
Even so, nonmortgage consumer debt would not be so difficult to
service if not for the dramatic rise in housing costs.
The key to understanding future trend in bankruptcy
filings is the socio-economic groups that are having the most difficulty
servicing their consumer debts. For instance, Table 2 reports stocks,
other assets, total debt, and net worth by wealth class from 1962
to 1998. These statistics measure overall economic well-being as
well as the potential financial vulnerability of some households
to the fragile “wealth bubble” of appreciating housing
and investment assets. Over the last 15 years, which includes the
longest economic expansion in U.S. history, the bottom 40% of the
U.S. wealth distribution registered a modest $8,300 increase in
average total assets versus $19,900 in total debt--an overall decline
of $3,600 in net worth. The experience of the middle 20% (40% above
and 40% below) is instructive. During this period, stocks of this
group rose $7,600 and other assets rose $17,600 versus an increase
of $19,700 in total debt. The economic winners are those in the
top 10% and especially the top 1%.6
Two other measures of financial distress as measured
by the U.S. Federal Reserve Board are households with high debt
burdens (40% or more of household income) and late payment (60 days
or more) of bills. Between 1989 and 1998, the lower income, middle-class
reported the most economic difficulty. For instance, the high debt
burdens of modest income households ($10,000 to $24,999) rose from
15.0% to 19.9% while moderate income households ($25,000 to 49,999)
rose from 9.1% to 13.8%; households with incomes over $50,000 increased
marginally to about 5% while those under $10,000 rose from 28.6%
to 32.0%. Similarly, late payments increased marginally among households
with at least $50,000 annual income to about 4.4% (most increase
since 1992) while the $25,000 to $49,999 group nearly doubled from
4.8% in 1989 to 9.2% in 1998; households with modest income ($10,000
to $24,999) remained unchanged at 12.3%.7
Together, these data show that during the recent period of robust
economic conditions, the lower and middle income households utilized
increasing levels of consumer credit while evidencing with mounting
strains on their ability to service their escalating debt levels.
This is consistent with the findings of Teresa Sullivan, Elizabeth
Warren, and Jay L. Westbrook in their pathbreaking study, The Fragile
Middle Class, Americans in Debt (2000).
A related indicator concerns the ability of consumers
to pay for their credit card charges. Table 3 presents self-reports
on credit card payments by age groups for the years 1995 and 1998
as compiled by the U.S. Federal Reserve Board from the Survey of
Consumer Finance. The data is suggestive in terms of measuring economic
stress since the proportion of credit card “deadbeats”
or “convenience users” (zero balance) rose sharply—from
34% in 1995 to 42% in 1998. For example, all of the age groups—with
the exception of those UNDER 35 years old--reported a greater proportion
that “Almost Always Pay off Balance.” Similarly, only
the 35-44 and under 35 years old groups reported an increase in
“Hardly Ever Pay off Balance” whereas the groups over
54 reported the largest increase in paying off their credit card
debts. This reflects both different generational attitudes toward
debt (and receptivity to mass marketing campaigns) as well as the
financial squeeze on younger households that are in the middle of
their lifecyle.8
Not surprisingly, this was facilitated by the aggressive marketing
of bank and retail credit cards to traditionally neglected groups
such as college students and the working poor.
PRESERVING OR SUBMERGING THE
U.S. MIDDLE CLASS:
The Rising Cost of Credit
Today, three out of five U.S. households are responsible for the
approximately $600 billion in outstanding credit card debt. Among
these "revolvers," credit card debt averages over $11,500
per household. Even the robust wage increases of the last three
years do not compensate for the rising cost of financing personal
debt; only home mortgage related interest is tax deductible. Hence,
a four percent increase in the annual median income of U.S. family
households (about $50,000) is nearly the same as the average cost
of financing household credit card debt (16% excluding fees) or
approximately $1,800. And, this does not include the tremendous
growth of finance companies (over 24% APR) and the rising cost of
"second-tier" consumer loans that typically range from
10 to 40 percent—per month. See Table 4.
The enormous profits of the latter explain the recent
entry of the largest "first-tier" banks into providing
second-tier financial services. For instance, Wells Fargo formed
a joint venture with Cash America (largest U.S. pawnshop company)
in 1997 to develop a state-of-the art system of automated, payday
loan kiosks. In September 2000, Citigroup purchased Associates First
Capital Corp ($31.1 billion)—the largest publicly traded U.S.
finance company—with one of the most notorious business reputations
as “predatory lender” in the ‘subprime’
consumer markets. Within six months, the Federal Trade Commission
(FTC) had filed a complaint in federal court with “systematic
and widespread abusive lending practices.”9
Overall, credit card interest charges, penalty fees, and second-tier
finance costs could total over $125 billion in 2001. This is an
enormous transfer of income to an industry that has defiantly slashed
jobs, cut wages, and raised consumer prices in sharp contrast to
the promised benefits arising from federal “de-regulation.”
In terms of stimulating a more rapid economic recovery
during the current “consumer-led” recession, the effect
could be a significant reduction in the effective demand of U.S.
households as the purchase of goods and services is subordinated
to the payment of rising finance charges attributed to previous
consumption. This is especially important in terms of the current
impasse in reconciling the U.S. Senate and House versions of the
Consumer Bankruptcy Reform Act which would limit the use of Chapter
7 (discharge of unsecured consumer debts). During my February 2001
testimony before the U.S. Senate Judiciary Committee, I argued that
mounting levels of consumer debt as rising “real” rates
would invariably push the U.S. economy into a recession. Moreover,
the banking industry’s demand to reduce the incentive for
consumer bankruptcy (by sharply limiting the ability of indebted
consumers to liquidate their debts) is not justified in terms of
the pricing structure of high interest, revolving consumer loans
as well as the unexpected social events (medical expenses, job disruption,
divorce) that typically precipitate consumer filings. The credit
card industry’s pressure to impose a repayment plan belies
its responsibility in encouraging consumers’ to increase financial
liabilities beyond their ability to cope with unexpected financial
crises. And, in terms of declining consumer confidence (lowest in
7 years) and generalized economic decline, more stringent bankruptcy
laws would exacerbate and prolong the ongoing economic recession.
The credit card industry argues that the modest rise in loan delinquencies
merits the tightening of its underwriting criteria to consumer households
and small businesses. Yet, the greater power of retail banking in
extending loans and reducing interest rates may have an even larger
impact on the “quality” of outstanding loans by reducing
consumer buying power and indirectly slowing the growth of the national
economy. Furthermore, as evidenced by the last recession, a substantial
number of convenience users (at least 30%) will become debt dependent
during the economic downturn which reduces the proportion of financial
“deadbeats” as well as increases the number of profitable
“revolvers.”
Hence, by refusing to share the financial pain during
its unprecedented period of pecuniary gain, the credit card industry
has eschewed federal involvement in setting interest rates but not
in collecting its unsecured debts. In this way, the banking industry
is seeking to distort the disciplining influence of unfettered markets
by reducing the cost of extending loans to its most risky clients.
Ironically, Members of Congress have been swayed by the credit card
industry’s “need” to “federalize”
its debt collection agencies while arguing against the “federalization”
of publicly necessary airline security systems.
Not only are most U.S. households being squeezed by
mounting mortgage and consumer debt, but the "real" cost
of “prime” consumer loans has risen dramatically since
the de-regulation of financial services in 1980. For instance, the
real cost of corporate credit (prime rate) has increased only marginally
(2.5%-3.0%) whereas the real cost of consumer credit card debt has
almost doubled (less than 6% to over 11%) since the early 1980s--not
to mention soaring penalty fees (about 30 percent of all credit
card revenues). In comparison, the cost of automobile loans has
varied more closely with the prime rate as the Big Three auto manufacturers
have subsidized this rate to stimulate auto sales. See Figure 1.
Today, the ninth rate cut by the U.S. Federal Reserve
during the year has driven the Federal Funds (overnight) rate to
a 40 year low—from 6.5 to 2.5 percent. Even so, with the cost
of borrowing at historic lows for the credit card industry, most
variable rate accounts have quickly reached their “floors”
of 13-14 percent and thus the banks’ reduced cost of borrowing
has not being passed on to consumers not to mention rising penalty
fees (approximately 25-30 percent of total industry revenues). Of
course, these “sticky” interest rates contrast sharply
with strict consumer policies where a one-day late payment can precipitate
“escalator” clauses that double or even triple consumer
interest rates (a notorious policy of MBNA) or delayed submission
of favorable payment reports that would lower credit scores and
eventually interest rates. In addition, the credit card industry
has redefined its clients’ relationship—from specific
companies to the entire financial services industry—so that
negative financial information can be used to increase consumer
costs through higher interest rates, penalty fees, balance transfer
transactions, etc. For example, I have received numerous consumer
complaints that “guaranteed fixed 9.9% rates” have been
unilaterally changed by Chase because of “unfavorable”
information from accounts with other credit card companies.
While the industry has been refining the art of targeting
clients that are least likely to repay their loans, the alternatives
to consumers have been rapidly dwindling. For example, in contrast
to descriptions of the credit card industry as highly competitive
with 6,000 competitors, the reality is that the last decade has
witnessed a dramatic consolidation of credit card issuers. In 1977,
the top 50 banks accounted for about half of all U.S. credit card
accounts. The impressive revenues of most credit card portfolios
have precipitated massive mergers and acquisitions over the last
decade. For instance, Bank One’s acquisition of credit card
giant First USA in 1997 was followed by Citibank’s purchase
of AT&T’s credit card subsidiary--the eighth largest in
1998. Today, the top ten card issuers control over three-fourths
of the credit card market and nearly 70 percent of the over 1.3
trillion in credit card charge volume. Not surprisingly, competition
for clients is less likely to be expressed in the form of lower
prices. Indeed, it is striking that the average cost of consumer
credit card debt (interest and fees) had risen over the last five
years until the succession of rate cuts over the last 8 months.
Second, the enactment of the 1998 Financial Services
Modernization Act has precipitated a new trend in the formation
of consumer financial services conglomerates. For instance, the
1998 merger of Citicorp with Traveler’s Group has created
a new role for consumer credit cards: compiling consumer information
files. Credit cards provide a lucrative revenue stream for conglomerates
such as Citigroup as well as strategic information for the cross-marketing
of other financial services such as insurance, investment services,
student loans, home mortgages, and consumer loans. By combining
different sources of consumer activities from various corporate
subsidiaries (e.g. Traveler’s Insurance, AT&T credit cards,
Solomon Smith Barney investments), plus the forging of strategic
partnerships with specific corporate retailers, these conglomerates
are developing increasingly cost-effective marketing campaigns for
persuading customers to use their credit for purchasing products
from members of the conglomerate’s extended corporate family.
It is not surprising, then, that the major credit
card associations recently have begun marketing credit cards to
teenagers with the required financial contract signed by their parents
or guardians. This card program is ostensibly designed to help promote
financial responsibility by encouraging parents to discuss financial
purchases/budgets with their minor children. Of course, financial
education could be promoted through the use of debit cards or personal
checks. Indeed, the key objective is to promote credit card use
at an early age, especially purchases through virtual internet shopping
malls. Furthermore, this credit card program facilitates the collection
of consumer information at an earlier age as well as the direct
marketing of teenagers without the filter and/or confusion of distinguishing
the purchases of children from their parents. By issuing credit
cards in a teenager’s name, companies are seeking to shape
consumption behavior and corporate loyalties at an earlier age while
minimizing the influence of their parents.
Third, the growth of subprime credit cards has led
to outrageous financial terms for the most naive and inexperienced
market of the working poor. With annual percentage interest rates
of over 30 percent and costly hidden charges, even large issuers
have been formally reprimanded and even sued over duplicitous advertising.
For example, the sixth largest credit card issuer, Providian National
Bank, agreed to an out-of-court settlement for a record $300 million
in June 2000. According to the U.S. Comptroller of the Currency,
John D. Hawke Jr., We found that Providian engaged in a variety
of unfair and deceptive practices that enriched the bank while harming
literally hundreds of thousands of its customers. They include a
“no annual fee” program that failed to disclose that
the card required the purchase of $156-a-year plan credit-protection
plan; customers who complained were informed that the plan was mandatory
unless a annual fee was paid. Other entrants into the subprime credit
card market offer variations on the classic “bait and switch”
where “pre-approved” credit cards lead to “secured”
cards or high cost consumer (finance company) loans. For the most
vulnerable, the initial “pre-approved” offer of “financial
freedom” becomes a duplicitous game of “how high can
you go.”
For those who desperately seek a credit card as a
bank account of last resort, the terms that are required of subprime
applicants especially the working poor include unwanted educational
materials and high membership fees with little available credit.
This is illustrated by the conditions of the United Credit National
Bank Visa. It’s direct mail solicitation declares,
“ACE VISA GUARANTEED ISSUE or we’ll send
you $100.00! (See inside for details.)” For those who bother
to read the fine print, and a magnifying glass would be useful in
this case, the terms of the contract are astounding, “Initial
credit line will be at least $400.00. By accepting this offer, you
agree to subscribe to the American Credit Educator Financial and
Credit Education Program. The ACE program costs $289.00 plus $11.95
for shipping and handling plus $19.00 Processing Fee a small price
to pay compared to the high cost of bad credit! The Annual Card
Fee [is] $49.00... For your convenience, we will charge these costs
to your new ACE Affinity VISA card. [They] are considered Finance
charges for Truth-In-Lending Act purposes.”
Unbelievably, an unsuspecting applicant could pay
$369 for a net credit line of only $31 at a moderate 19.8 APR. It
is no wonder that those households who are most desperate for consumer
credit often give up on the financial services sector after they
realize the exploitative terms of these contracts.
A final issue concerns the trend of consumer financial
services conglomerates of replacing traditional, low cost consumer
and small business loans with higher cost substitutes. For instance,
in low-income neighborhoods, this may result in the closing of a
first-tier bank branch and its replacement with high cost, finance
companies (such as Citigroup’s newly acquired Capital Associates)
or second tier “fringe banks” such as check cashing
outlets, pawnshops, and rent-to-own stores. Imagine major money
center banks pointing to their subprime credit card or “payday”
loan portfolios in inner cities as evidence for satisfactorily achieving
their Community Reinvestment Act (CRA) obligations.
Especially disconcerting is the application of this
policy to the small business sector. Today, the number one source
of start-up financing for small businesses is credit cards followed
by home equity loans. Aspiring entrepreneurs--especially women and
minorities--are routinely denied small business loans and encouraged
to assume higher cost, credit card debt. As one owner of a computer
supply company explained, "I wanted a business loan [from Wells
Fargo] but all I got was a[nother] credit card instead." This
trend has potentially serious consequences as credit cards have
dramatically changed from the credit of last resort to the initial
source of start-up financing. Since small businesses are the primary
source of net job growth in the U.S. economy, this trend could have
severe repercussions during the next economic downturn. That is,
small entrepreneurs may not be able to survive unfavorable economic
conditions after exhausting their high cost lines of consumer credit
at the same time that the economy needs to generate more jobs. This
restrictive corporate lending policy could exacerbate an economic
slowdown and possibly contribute to a recession. The current bankruptcy
reform bills could exacerbate the plight of small businesspeople
by requiring asset liquidation after the expiration of the 179-day
reorganization period if the company is unable to begin paying its
creditors. It could also lead to dual bankruptcies: business and
consumer as entrepreneurs try to survive on their personal lines
of credit.
The increasingly important role of banks in restricting
the financial lifeblood of small businesses during the current recession
is contrasted by the increasingly sophisticated efforts to encourage
students to incur increasingly higher levels of debt at earlier
ages; in the late 1980s, banks began marketing to college seniors
who “had one foot out the door and in the labor market”
for feature that underclassmen were too irresponsible and would
not pay their credit card debts. As banks realized that students
would use summer savings, student loans, parental assistance, and
even other credit cards to service their debts, student credit lines
steadily increased over the 90’s. As the profitability of
market became apparent, banks began offering multimillion dollar
deals with college administrators for “exclusive” marketing
of Alumni “affinity” cards. Today, the rapidity of this
impact on bankruptcy rates is staggering.
Nationally, young adults 25 years-old and younger
have experienced a dramatic rise in their bankruptcy rates. This
is especially significant in view of the overall decline of nearly
15 percent in bankruptcy filings between 1998 and 2000. In 1995,
with a near record level of nearly 900,000 bankruptcies, less than
1 percent of bankruptcy filers were 25 years old or younger. When
U.S. personal bankruptcies peaked at 1.4 million in 1998, young
adults comprised almost 5 percent of the total. This proportion
of bankruptcy filers has jumped sharply, as recent college graduates
cope with rising student loans as well as credit card debts. Note,
the divergent trend of rising bankruptcy rates among young adults
has occurred during a period of economic prosperity. With a slowdown
in the U.S. economy and sustained rise in student debt levels, the
analysis of bankruptcy subgroups and future age cohorts will be
instructive. In particular, there is a paucity of data on the experience
of recent college graduates in their accumulation of personal debt
after leaving school and before they begin their first job. Previously
research has shown that this period can lead to a disproportionately
large amount of debt that may not be able to be serviced in later
years. This issue is especially important since the bankruptcy reform
bill will retain the nondischargability of student loan debt—even
the amount that includes consumer debt like credit card balances.
This could lead to multiple bankruptcies among the youngest age
cohorts.
The most striking result of the enormous increase
in revolving or noninstallment credit/debt (primarily credit cards)
is that earlier “good” consumer loans are transformed
into “bad” debts after households cross the threshold
of the ability to service their financial obligations. For example,
students with little financial experience/economic reserves that
can not find a well-paying job—especially during a recession—may
not be able to pay for their student loans AND revolving debts.
This has major implications for repayment of federally subsidized
student loans during the recession. More importantly, households
that are barely able to financially survive during the best of times
with large liabilities are too often incapable of coping with unexpected
financial crises. The most recent research cites medical expenses
followed by job disruptions and family crises (divorce, widowhood,
parental care) as the most important factors that push Americans
into the financial abyss of bankruptcy.10
Furthermore, “easy credit” policies have been a disaster
for small businesses where previously “good” loans to
consumers can become “bad” after the assumption of large
credit card debts. It is for these reasons that the Age of Affluence
produced a perplexing relationship between unemployment and bankruptcy
rates during the early years of banking deregulation.
This counterintuitive trend is illustrated in Figure
2. During the 1982-83 recession, the increase in consumer bankruptcies
began to diverge from the unemployment rate. That is, from 1985-89,
unemployment declined while consumer bankruptcy increased. During
the 1989-91 recession, the bankruptcy rate rose closely with the
unemployment rate but then is diverged sharply during 1994-98 as
bankruptcies spiraled upward (record 1.4 million in 1998) while
the unemployment rate fell below 4 percent. Although bankruptcies
dipped to nearly 1.2 million in 2000 with the continued slide in
the unemployment rate, the sharp rise in the first two quarters
of 2001 (before the onset of the recession) suggest that a new consumer
bankruptcy record may be established this year. It is the profound
change in the attitudes and use of consumer credit that have contributed
to unrealistically high levels of debt that have made large segments
of the middle-class and working poor so vulnerable to unexpected
financial crises. The most important concern the shaping of consumer
attitudes toward “easy credit” BEFORE becoming engaged
in full-time employment. This policy, which my current research
describes as “Generation N Debt,” may profoundly influence
future consumption patterns, standard of living, intergenerational
wealth transfers, retirement patterns and even national saving rates.
At the same time, the overreaction to the perceived short-term loss
of “easy profits” by the banking industry via more restrictive
lending policies may reduce the power of the Federal Reserve in
counteracting a decline in national economic growth.
The following case-studies illustrate the influential
role of credit card marketing (and, indirectly, the impact of banking
deregulation), the inability of highly leverage households to cope
with unexpected financial difficulties, and the growing use of consumer
credit to compensate for declining worker compensation and the reduction
of social services due to the contraction of the welfare state.
It is the reluctance of the credit card industry to share the financial
pain as well as the gain during this period of national economic
uncertainty that merits even closer attention to their business
practices.
Continue to Part
2
- See Robert D. Manning, CREDIT
CARD NATION, (New York: Basic Books, 2000), Chapters 3 and 7.
(return)
- The FDIC Quarterly Banking
Profile, “Commercial Bank Performance—Second Quarter
2001,” pp. 1-2 at www.fdic.gov.
(return)
- The key statutory provision
that has led to the sharp growth in joint ventures between second-tier
“check-cashers” and first-tier banks is Federal preemption
in the regulation of federally chartered banks. See Jean Ann Fox,
“States Grant Payday Lenders a Safe harbor from Usury Laws,”
(Washington, D.C.: Consumer Federation of America, 1999) (return)
- See Robert D. Manning, CREDIT
CARD NATION, (New York: Basic Books, 2000), Chapters 1 and 2 (return)
- Lawrence Mishel, Jared Bernstein,
and John Schmitt, The State of Working America, (Ithaca: Cornell
University Press, 2001), p. 276. (return)
- Lawrence Mishel, Jared Bernstein,
and John Schmitt, The State of Working America, (Ithaca: Cornell
University Press, 2001), p. 268. (return)
- Lawrence Mishel, Jared
Bernstein, and John Schmitt, The State of Working America, (Ithaca:
Cornell University Press, 2001), pp. 280-82. (return)
- See Robert D. Manning,
CREDIT CARD NATION, (New York: Basic Books, 2000), Chapter 9.
(return)
- Federal Trade Commission,
“FTC Charges One of Nation’s Largest Subprime Lenders
with Abusive Lending Practices,” at www.ftc.gov/opa/2001/03/associates.htm.
(return)
- Melissa
B. Jacoby, Teresa A. Sullivan, and Elizabeth Warren, “Rethinking
the Debates over Health Care Financing: Evidence from the Bankruptcy
Courts, New York University Law Review, Volume 76, No 2 (May 2001),
pp.pp.375-418; Teresa A. Sullivan, Elizabeth Warren, and Jay Lawrence
Westbrook, The Fragile Middle Class: Americans in Debt (Yale University
Press, 2000); and Elizabeth Warren “The Bankruptcy Crisis,”
Indiana Law Journal, Volume 73, No 4 (Fall 1998), pp. 1079-1110.
(return)
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