Combating Predatory Lending

For Native Americans, the impact of predatory lending is devastating because it destroys the potential for asset building that is needed to bring economic security to Indian families and communities. First Nations Development Institute’s research has demonstrated that predatory lending is stripping money from low-income tribal citizens, especially those who are unbanked or underbanked. Our studies on predatory lending in Indian Country include best practices to combat abusive lending and prevent the bleeding of assets from Native communities.

 

 

Recently Released Combating Predatory Lending Reports and Publications

     
  

More Tax Time Troubles (2012)
(1.46 MB)

 
Building Trust: Consumer Protection in Native Communities (2011)
(357 KB)
 
Tax Time Troubles (2011)
(428 KB)

 

Predatory Lending Research

First Nations Development Institute provides several reports about predatory lending and tax products.

   
 

Building Trust: Consumer Protection in Native Communities (2011) (357 KB)
This report examines legislation that tribes can pass to defend their citizens against exploitative lending and consumer finance practices.

   
 

Borrowing Trouble: Predatory Lending in Native American Communities (2008) (3.4 MB)
With the collapse of the subprime mortgage lending market, predatory lending has become a significant national concern. In Native communities, however, predatory lending has been a major concern for years, since abusive lending practices have tended to proliferate in minority and low-income communities. This report provides an update to First Nations' 2003 report Predatory Lending in Native American Communities.

   
 

The New Money Changers (Indian Country Today April 28, 2008) (34 KB)
This article summarizes First Nations Development Institute's research on Predatory Lending in Indian Country.
 

   
 

Predatory Lending in Indian Country - Hearing Before the Committee on Indian Affairs - United States Senate (2008) (3.3 MB)
First Nations presented testimony on "Preadatory Lending and its Impact on Native American Communities" before the Senate Committee on Indian Affairs on June 5, 2008. This is the transcript of that hearing.

   
 

Predatory Lending in Native American Communities (2003) (373 KB)
Predatory lending is one of many economic problems facing Native American families and communities. It is difficult to define and perhaps better described by its characteristics and effects of destabilizing families and communities. The National Community Reinvestment Coalition (NCRC) defines a predatory loan as "An unsuitable loan designed to exploit vulnerable and unsophisticated borrowers." This report provides an overview of predatory lending in Native communities.

   
 

High Cost Lending on Indian Reservations - Watch Out if You are Buying a Home (2003) (1.1 MB)
A Survey Report and Data Analysis by NAIHC and NCRC June 2003
In the Spring of 2003, the National American Indian Housing Council (NAIHC) and the National Community Reinvestment Coalition (NCRC) conducted a survey to generate perspectives from officials on Indian reservations regarding the extent of predatory lending. The survey results paint a troubling picture concerning the magnitude of abusive and high-cost lending targeted particularly to first-time homebuyers.

   

 

Predatory Lending and Taxes

First Nations Development Institute provides several reports about predatory lending and tax products.

   
 

More Tax Time Troubles (2012) (1.46 MB)
In late 2011 and early 2012 First Nations Development Institute conducted a “mystery shopper” survey of tax preparation services in reservation border towns in New Mexico. Our research uncovered several problems with paid tax preparers, including aggressive marketing of expensive loans against tax refunds. This report provides an overview of the “mystery shopper” research.

   
 

Tax Time Troubles (2011) (428 KB)
First Nations Development Institute conducted a “mystery shopper” survey of tax preparation services in reservation border towns in New Mexico in 2011. Our research uncovered several problems with paid tax preparers, including poor quality tax preparation and hidden fees. This report provides an overview of the “mystery shopper” research.

   
 

Borrowed Time: Use of Refund Anticipation Loans Among EITC Filers in Native American Communities (2009) (1.6 MB)
The Earned Income Tax Credit (EITC), which supplements the earnings of low-to-moderate income working families, returns over $44 billion each year to these households and their communities and lifts approximately five million people above the poverty line. Unfortunately, paid tax preparers have weakened the economic impact of the EITC by over $600 million a year by offering Refund Anticipation Loans (RALs) that give EITC recipients quicker access to their refunds in return for high fees of 50-500 percent APR. Households in communities of color are disproportionately impacted by high-cost RAL products. This report provides data on the use of RALs in Native communities.

   
 

Use of EITC and Predatory Tax Products in Montana: 2008 Filing Year (1.1 MB)
The goal of this report is to provide some basic information about the use of EITC, RALs, and Refund Anticipation Checks (RACs) in Montana for the 2008 Tax Filing year. In addition, some information is provided about the use of EITC, RALs, and RACs in Native American communities in the state.

   
 

Use of EITC and Predatory Tax Products in New Mexico: 2008 Filing Year (1.3 MB)
The goal of this report is to provide some basic information about the use of EITC, RALs, and Refund Anticipation Checks (RACs) in New Mexico for the 2008 Tax Filing year. In addition, some information is provided about the use of EITC, RALs, and RACs in Native American communities in the state.

   
 

Use of EITC and Predatory Tax Products in North Dakota: 2008 Filing Year (1.1 MB)
The goal of this report is to provide some basic information about the use of EITC, RALs, and Refund Anticipation Checks (RACs) in North Dakota for the 2008 Tax Filing year. In addition, some information is provided about the use of EITC, RALs, and RACs in Native American communities in the state.

   
 

Use of EITC and Predatory Tax Products in South Dakota: 2008 Filing Year (1.1 MB)
The goal of this report is to provide some basic information about the use of EITC, RALs, and Refund Anticipation Checks (RACs) in South Dakota for the 2008 Tax Filing year. In addition, some information is provided about the use of EITC, RALs, and RACs in Native American communities in the state.

 

Model Tribal Consumer Protection Code

 

First Nations Development Institute has produced a model tribal consumer protection code that can be adopted to regulate a variety of activities on reservations. The code provides a legal framework for tribes to regulate economic transactions on their reservations, including a range of credit products such as payday loans.

 

Templates for the Main Model Tribal Consumer Protection Code (in Microsoft Word format), as well as ten additional chapters, are available for download below. For more information on the Model Tribal Consumer Protection Code, please contact Sarah Dewees.


Model Tribal Consumer Protection Code Templates

Main Model Tribal Consumer Protection Code

Additional Chapter I - Fair Debt Collection Practices Act - Model Tribal Consumer Protection Code
Additional Chapter II - Privacy Protection -Model Tribal Consumer Protection Code
Additional Chapter III - Motor Vehicle Warranty Act - Model Tribal Consumer Protection Code
Additional Chapter IV - Rental-Purchase Agreements - Model Tribal Consumer Protection Code
Additional Chapter V - Repossessions of Personal Property - Model Tribal Consumer Protection Code
Additional Chapter VI - Repossession of Manufactured Homes - Model Tribal Consumer Protection Code
Additional Chapter VII - Motor Vehicle Deficiency Charges - Model Tribal Consumer Protection Code
Additional Chapter VIII - False Advertising - Model Tribal Consumer Protection Code
Additional Chapter IX - Pawn Transactions - Model Tribal Consumer Protection CodePawn Transactions
Additional Chapter X - Pyramid or Multilevel Sales - Model Tribal Consumer Protection Code