The Shriver Brief : Poverty Law Commentary & Insights : Sargent Shriver National Center on Poverty Law : Affordable Housing, Healthcare Reform

In 2009, the Federal Deposit Insurance Corporation (FDIC) announced it was taking over First Bank of Oak Park (FBOP) Corporation, a privately held bank holding company. A few months later, Park National Bank, a community branch of FBOP, was sold by the FDIC to U.S. Bank. Although these types of transactions happen every day in the corporate banking world, it’s important to understand the national implications this has on community banking.

Park National Bank was a staple to both Oak Park and Chicago’s Austin neighborhood. Known as one of the most philanthropic banks in the Chicago area, Park National successfully offered banking services to low-income families and gave them an alternative to payday lenders, currency exchanges and subprime loans. Its accomplishments included bottomless funding for local nonprofits and social service agencies, underwriting costs for new schools, donations to community causes, rehabilitation of countless foreclosed homes that were sold back to residents at affordable rates, a lead role in neighborhood revitalization and economic growth, and countless small dollar loans to help fund local entrepreneurs. For 30 years, Park National Bank provided an infusion of projects, cash, jobs and morale to the community it served.

In 2008, when the government seized Fannie and Freddie Mac, FBOP took a loss of $855 million because of the loans it had underwritten. Initially FBOP was approved for Troubled Asset Relief Program (TARP) funding to help it recapitalize, however, it never received any money because no guidelines for TARP funding of small, privately held banks were ever created. Then Chase bank, which had been lending money to FBOP for years, decided not to extend FBOP’s line of credit and sued them for $246 million.  

In 2009, regulators told FBOP that it needed to raise between $500 million and $1 billion to recapitalize. Mike Kelly, the owner of FBOP, raised $600 million just a week shy of the deadline. Nevertheless, federal regulators seized FBOP's nine banks in four states, descended on FBOP’s headquarters, declared it insolvent, and announced its assets were being transferred to U.S. Bank. In a clear case of the right hand not knowing what the left hand was doing, on the very same morning that the FDIC seized Park National’s assets, U.S. Treasury Secretary Timothy Geithner was in Chicago presenting $50 million in federal tax credits to Park National for its community development projects.

Historically, U.S. Bank’s community efforts have paled in comparison to Park National’s. Twenty-eight percent of Park National’s profits went to community causes compared to less than 1% by U.S. Bank. Oak Park’s Wednesday Journal has reported that U.S. Bank already has plans for massive layoffs at FBOP banks, yet claims to be giving notices for “positions” not “people.”

This issue strikes at the heart of Americans' mistrust of corporations and commercial banks. Americans calling for banking reform and bailouts for Main Street have been following the thread about Park National Bank. Public outrage is clear: why aren’t community banks considered as important as large banks to receive federal assistance? In protest, Oak Park and River Forest High School closed two student accounts at U.S. Bank, totaling $300,000, and transferred the funds to the Community Bank of Oak Park River Forest. School representatives say if U.S. Bank hesitates to make the same community commitments Park National made, they will remove their remaining funds. Others are calling for a review of how FBOP was treated by the federal government during the takeover and asking regulators to individually assess each bank’s overall value to the surrounding neighborhood, including its knowledge of the community, as well as its record of commitment to investing and supporting its neighbors.

Since Park National was sold, busloads of Chicago residents traveled to Washington, D.C., to support Mike Kelly as he testified before a House finance subcommittee. Kelly argued that, in the future, the federal government shouldn’t treat other community banks the same way as Park National. New legislation has also been introduced in Congress. Senators Merkley (D-OR) and Boxer (D-CA) have proposed the Bank on Our Communities Act, which would allocate TARP funds to community banks. This bill is currently being reviewed in the Committee on Banking, Housing and Urban Affairs. Although it’s too late for Park National, enactment of this bill will ensure that such a travesty doesn’t happen to other community banks.

For more information contact the Shriver Center’s Community Investment Unit.

This article was co-authored by Susan Ritacca.

• Email This
• Print
• Comments
• Trackbacks

What are RALs?

The dreaded tax season is back and so are notorious refund anticipation loans (RALs). RALs are short-term, high-interest-rate bank loans sold through tax preparation sites like H&R Block and Liberty Tax. The problem with RALs, in part, is how they are advertised. To the consumer it appears that the refund is a service of the tax preparer rather than a loan from the bank. Yet, in actuality Chase Bank is the largest provider of RALs in the country and contracts with 13,000 independent tax preparers to supply RAL products. Following close behind is HSBC, provider to H&R Block; and Pacific Capital Bank, provider to Liberty Tax Service.

The allure of RALs is that they provide taxpayers an immediate advance on their anticipated tax refunds. However, customers are often not aware of the usuriously high interest rates and hidden fees associated with the loan. Triple digit interest rates ranging from 50% for a $10,000 RAL to 500% for a $300 RAL are not unheard of.

High Costs to Low-Income Families

RALs are particularly toxic because they are heavily marketed in low-income neighborhoods. According to a recent report by the National Consumer Law Center, recipients of Earned Income Tax Credits (EITC), the government’s largest anti-poverty program, constituted 63% of the 8.76 million Americans who took out RALs in 2007. EITC recipients receive an average credit of $1,600, yet they often spend $500 or more in interest, typically a third of their refund for RALs.

A separate report from the Woodstock Institute states RALs pose a threat to the opportunity of wealth building among EITC recipients. According to Woodstock, EITC recipients are driven to high cost tax preparation sites because of the complexity of filing for EITC and they purchase RALs to pay for the upfront costs of such tax preparation.

Reforming RALs

On the state level, New York, Arkansas, and Maine have enacted laws prohibiting tax sites from charging add-on fees to RAL products, while Michigan mandates specific disclosure requirements for RALs. Sixteen other states are regulating RALs through their general consumer protection laws. In Illinois, the law actually prohibits consumer installment lenders, or payday lenders, from originating RALs.

Nationally, the IRS is in the process of creating a task force to review loans issued by tax preparation sites in order to regulate the industry. No rules, regulations, or recommendations have been issued yet. Meanwhile, in 2007 the Office of the Comptroller of the Currency (OCC) acknowledged that RALs posed a considerable threat to consumers and therefore established banking requirements to monitor tax preparers’ advertisement and sale of such loans.  Monitoring by consumer advocates from 2007-2010, however, revealed that bank compliance with these OCC guidelines was negligible. Pressure from community organizations and consumer advocates, including the Shriver Center, recently resulted in the OCC issuing new guidance on the delivery of RALs in February of this year. As a result major banks and providers have revised their RAL programs: Jackson Hewitt agreed to stop selling RALs to its customers, Santa Barbara Bank stopped the sale of all RALs, and the FDIC mandated a cease and desist order for Republic Bank & Trust’s RAL program until reforms were implemented.

While the IRS, OCC, and FDIC should be applauded for these efforts, continued monitoring must occur. If no action is taken, RALs will continue to pose a threat to taxpayers and particularly diminish the possibility for low income families to save and pay down debt.

For more contact the Shriver Center’s Community Investment Unit.

This article was co-authored by Susan Ritacca.

 

• Email This
• Print
• Comments
• Trackbacks

Compared to their parents and grandparents, today’s families are experiencing a transformation in how they navigate work and caregiving responsibilities. This change has profound implications for what the government and business must do to respond to the needs of workers, particularly female workers, and their families.

The recently issued Shriver Report: A Woman’s Nation Changes Everything, a study by Maria Shriver and the Center for American Progress,* contributes to the ongoing national discussion about the current state of women in the United States. Among the findings is that although women have made strides in the workforce, more can and should be done to increase these achievements.

According to the report, although many women have always worked, women now, for the first time, make up half (49.9 percent as of July 2009) of all workers on U.S. payrolls. This is a dramatic change from just over a generation ago: in 1969, women made up only a third of the workforce (35.3 percent). Women are also increasingly taking on the dual roles of breadwinner and caregiver: nearly four in ten (39.3 percent) mothers are primary breadwinners, bringing home the majority of the family’s earnings, and an additional quarter (24 percent) of mothers are co-breadwinners, brining home at least 25 percent of the family’s earnings. The recession is accelerating these trends by leading to massive job losses, especially within male-dominated industries, with men accounting for three out of every four jobs lost (73.6 percent).

The report recognizes that while the composition of the national labor force has shifted and the typical family structure has changed, government and business institutions have failed to catch up with these realities. As a nation where both men and women generally work outside the home, our country’s workplace policies and social safety net must be updated to reflect the current realities of today’s workers. The report calls on policymakers to reform government incentives and requirements for employers to ensure equality for women workers and to support employees’ dual work and care responsibilities by addressing these issues:

• Equal Pay: Although women make up half of the labor force, they have not achieved equality in pay. The typical full-time, full-year female worker brings home 77 cents for every dollar earned by her male colleagues. And, for specific groups of women—including women of color and disabled workers—the wage gap is even larger.
   
• Equal Opportunity: Continued sex segregation in employment has prevented women from accessing higher paying jobs in nontraditional fields. Low-income women in particular need access to job training that will lead to career pathways with family-sustaining wages and benefits.
   
• Anti-Discrimination: Anti-discrimination laws, including Title VII and the Pregnancy Discrimination Act, must be reformed so that employers cannot disproportionately exclude women from workplace benefits.
   
• Family and Sick Leave and Social Security: Our social insurance system needs to be modernized to include paid family and sick leave as well as social security retirement benefits that take into account time spent out of the workforce caring for children and other relatives.
   
• Child and Elder Care: Workers need better support from the government with direct subsidies for child care, early education, and elder care to help them cope with their family and work responsibilities.
   
• Flexible and Predictable Schedules: More flexible and predictable work schedules are needed to help employees balance work and family more efficiently.

The Sargent Shriver National Center on Poverty Law’s Women’s Law and Policy Project and Community Investment Unit continue to work on issues of employment, education and skill development, and financial opportunities with the goal of promoting women’s economic progress and achieving gender equity in the workplace.   Eliminating sex-based discrimination and establishing policies that recognize the everyday reality of workers’ caregiving responsibilities are necessary for ensuring the economic security of women and their families. Better training and educational opportunities, stricter enforcement of fair employment laws, and the creation of policy where fair employment protections do not exist are all imperative in empowering women to increase their earning power, develop economic self-sufficiency, and support their families’ well-being. 

For more information about the Shriver Center work contact Wendy Pollack, director of the Women’s Law and Policy Project at wendypollack@povertylaw.org, or Karen Harris, supervising attorney of the Community Investment Unit at karenharris@povertylaw.org.

*Please note that the Sargent Shriver National Center on Poverty Law is named in honor of Maria Shirver’s father, Sargent Shriver, but is not the author of the report.

• Email This
• Print
• Comments
• Trackbacks