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Madigan, other attorneys general urge Congress to reject bill reducing oversight of payday lenders

Legislation would pre-empt state authority, undermine consumer safeguards

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[October 06, 2012]  CHICAGO -- In a joint letter on Friday, Attorney General Lisa Madigan and about 40 of her counterparts called on congressional leaders to oppose legislation that would pre-empt states' authority to crack down on predatory high-cost, short-term loans.

In the letter initiated by Madigan and Indiana Attorney General Greg Zoeller, the attorneys general issued a warning to House Speaker John Boehner, House Minority Leader Nancy Pelosi, Senate Majority Leader Harry Reid and Senate Minority Leader Mitch McConnell on the effects of H.R. 6139 -- the Consumer Credit Access, Innovation, and Modernization Act.

In effect, the legislation would undermine the power of individual states to protect their residents from the high costs of short-term loans and other financial services, including payday and car title loans and check cashing. These loans typically carry triple-digit interest rates and can quickly trap consumers in an endless cycle of debt.

"The legislation is nothing more than a shameless attempt by the payday lending industry to do an end run around states' decades-long battle to protect low-income families from becoming trapped in a downward spiral of debt," Madigan said.

Many states have established a framework of regulation to protect consumers from the risks associated with payday lenders, installment lenders, car title lenders, prepaid card issuers and check cashers. The bill threatens to turn back these protections by giving these non-bank lenders the ability to obtain a federal charter that would allow them to sidestep more stringent state laws.

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Signing on to Madigan and Zoeller's letter were attorneys general from Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Georgia, Guam, Hawaii, Idaho, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Vermont, Washington, West Virginia, Wisconsin and Wyoming.

[Text from file received from the office of Illinois Attorney General Lisa Madigan]

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