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Column: Federal regulators step up their campaign against predatory payday lenders and their rip-offs

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Column: Federal regulators step up their campaign against predatory payday lenders and their rip-offs

In 2017, the federal government was poised to give low-income consumers a respite from the myriad abuses and rip-offs visited on them by the payday lending industry.

The Consumer Financial Protection Bureau, created in 2010 as part of the banking reforms enacted after the 2008 financial meltdown, had completed a five-year project to finalize a rule that would prevent payday and installment lenders from predatory practices such as enticing borrowers into loans they couldn’t afford while extracting a vigorish that would make a Mafia loan shark blush.

Then Donald Trump happened. As president, he installed Mick Mulvaney, his budget director and a former Republican congressman from North Carolina, as the bureau’s acting director. Mulvaney effectively canceled the new rule on Jan. 16, 2018, the day it was to go into effect.

A payday advance that is repaid on payday is a payday loan, and fintech cash advance apps that call themselves ‘earned wage access’ are just high-cost lending in disguise.

— Lauren Saunders, National Consumer Law Center

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Two days later, Mulvaney withdrew a lawsuit in Kansas state court that had charged four lenders with saddling borrowers with annual interest rates as high as 950%. And he closed an investigation into a lender that had contributed to his political campaign.

In the words of Sen. Elizabeth Warren (D-Mass.) — who had pushed for the creation of the CFPB — these actions “unwound years of careful CFPB work — all to benefit an industry that has close ties to Mr. Mulvaney and that has contributed more than $60,000 to his political campaigns.”

Mulvaney, absurdly, redirected the agency away from its purpose of consumer protection: “We work for the people,” he told its employees. “And that means everyone: those who use credit cards, and those who provide those cards; those who take loans, and those who make them; those who buy cars, and those who sell them.”

In other words, the CFPB would be protecting not only consumers but those who take advantage of consumers.

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It now looks as if the cop is back on the beat. On July 18, the bureau proposed a new rule making clear that payday advances are loans within the definition of the federal Truth in Lending Act, meaning that companies have to fully disclose all the costs and fees to borrowers — before the borrowers sign any loan documents.

“When interest rates and fees on these loans are high, this can lead to a treadmill of debt that keeps getting faster and faster,” CFPB Director Rohit Chopra said in announcing the new rule.

The bureau also has returned to court. On May 17, it sued L.A.-based lending marketplace SoLo Funds in federal court in Los Angeles, asserting that the firm’s “advertising and disclosures … falsely tout no-interest loans when, in fact, consumers are routinely subject to fees that result in an exorbitant total cost of credit.” When the fees are toted up, the agency says, the true annualized interest rate on the loans can be more than 300%.

SoLo hasn’t yet responded to the allegations in court and didn’t reply to my emailed request for comment.

The bureau has been energized in part by a Supreme Court decision that lifted a shadow over its future. This was a lawsuit brought by some of the targeted lenders contending that the bureau was unconstitutional because it was funded by the Federal Reserve System rather than through congressional appropriations.

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Several pending CFPB cases had been placed on hold while the Supreme Court pondered the appropriations issue. But the court ruled in the CFPB’s favor on May 16 in a 7-2 decision written by Justice Clarence Thomas.

Among those cases was a federal lawsuit the bureau filed in July 2022 against Texas-based ACE Cash Express, which then operated out of nearly 1,000 storefronts in 22 states, including California. The CFPB charged that when ACE borrowers said they were unable to pay back their existing loans, ACE offered them repayment plans bearing new fees but sometimes didn’t tell them a no-fee option was available in some states.

ACE already was subject to a 2014 consent order in which it agreed to pay a $5-million penalty and $5 million in customer restitution, and pledged to offer customers a refinancing of their loans as well as the free option. “ACE has not done as it pledged,” the CFPB charged in its lawsuit.

ACE responded to the lawsuit by citing the case then headed to the Supreme Court. “The days of the Bureau’s unchecked administrative agency power … are, hopefully, over,” its lawyers wrote. “Because the CFPB itself is unconstitutional,” the case should be dismissed, they argued. The trial court put the case on hold, but with the Supreme Court ruling, the case is back on the docket, with briefs due at the trial court over the next two months.

The Supreme Court ruling was long overdue. In the years since Mulvaney tore up the CFPB’s project against payday and installment lenders, that industry underwent a troubling transformation.

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Once operating out of storefronts where customers could cash their paychecks for a fee, it had grown more sophisticated. Customers could now take loans as advances on their paychecks but typically had to provide the lenders with links to their bank accounts so that repayments could be drawn directly from those accounts.

The industry now styled its products as “earned wage access” providers. The firms today have innocuous, homely names such as Dave.com and Brigit; their websites are adorned with stock photos of young people and families evidently basking in the relief of a short-term financial crisis averted. Some claim to charge zero interest on their short-term loans, but that’s misleading.

One should respect the financial tightrope walked by many low-wage households living paycheck to paycheck. The CFPB knows this market; its proposed rule acknowledges that “a significant driver of demand for consumer credit … derives from the mismatch between when a family receives income and when a family must make payments for expenses.” Meanwhile, “employers have a strong incentive to delay the payment of compensation to workers, which drives demand for short-term credit.”

When the true cost of that credit is hidden from the borrowers or they’re forced to refinance, incurring multiple fees, that’s a problem the CFPB was born to address.

“A payday advance that is repaid on payday is a payday loan, and fintech cash advance apps that call themselves ‘earned wage access’ are just high-cost lending in disguise,” Lauren Saunders, associate director of the National Consumer Law Center, says on the center’s website. “The CFPB has seen through fintech payday lenders’ new clothes.”

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Some firms have made deals with employers such as Walmart, Amazon, Uber, Lyft and Kroger to provide advances to workers to be repaid from their next paycheck. In 2022, the CFPB says, more than 7 million workers accessed about $22 billion via these employer-lender partnerships. According to a survey cited by the bureau, most users of paycheck advance services fall below the federal poverty line and more than 80% are hourly or gig workers.

The chief constant tying the new system to the old is fees. About 90% of workers paid a fee for the advances in 2022, averaging about $3.18 per transaction. Since most took out repeated advances, the average annual cost was almost $69.

The CFPB found that among the fees most prevalent in the wage-advance sector are those charged for “expedited” access to cash — which after all is the goal of resorting to paycheck advances in the first place.

But new kinds of fees have appeared. One is often described by the finance firms as “tips” — solicited from borrowers in acknowledgment of the service they’re being provided or to defray the cost the firms ostensibly incur by lending out at 0%.

Those are among the issues in the CFPB’s lawsuit against SoLo. The firm functions as a sort of loan broker — needy customers apply for loans, and other customers provide the loans after judging an applicant’s creditworthiness. (“Earn money with your money,” SoLo tells these small-money lenders on its website. “You lend money to other members to help them replace a tire, cover a bill or for any other reason. They pay you back and add a voluntary tip as a sign of appreciation.”)

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The maximum loan is $575. Borrowers can set a repayment date that is less than a month away; if repayment isn’t made after 35 days, the bureau says, SoLo charges a late fee.

The CFPB says the tips aren’t really “voluntary” at all; lenders tend to judge loan applications based on the size of the “tip” being offered, as SoLo suggests. SoLo also prompts applicants to select among three default “donation” fees that go directly to the firm.

None of the defaults is for $0, and borrowers can’t click to the next page without making a choice. Customers can opt for a $0 donation, but only by finding the option in another part of SoLo’s mobile app as though by accident.

“Virtually all consumers who receive loans incur a Lender tip fee, a Solo donation fee, or both,” the CFPB alleges.

It’s proper to note that this isn’t SoLo’s first rodeo. Last year, the California Department of Financial Protection and Innovation reached a consent agreement with the firm over some of the same practices targeted by the CFPB; SoLo paid a penalty of $50,000 and committed to reimbursing its California customers for their “donations.”

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Also last year the District of Columbia settled its own case against SoLo, in which it alleged that despite advertising no-interest, no-fee loans, the firm compelled “nearly all borrowers to provide monetary ‘tips’ and ‘donations’” that effectively drove up the annualized interest rates to more than 500%, well beyond the district’s 24% usury limit. SoLo paid a $30,000 penalty and pledged that lenders would no longer be able to know that a borrower had offered a tip or how much it would be.

And in 2022, Connecticut authorities imposed a $100,000 penalty on SoLo and required it to reimburse Connecticut customers for all “tips,” “donations,” late fees and other charges. SoLo was barred from the lending business in that state without obtaining any required license.

The battle against predatory lending to small borrowers isn’t over. Project 2025, the right-wing document designed as a manifesto of the Trump presidential campaign, has targeted the CFPB for extermination, calling it “a highly politicized, damaging, and utterly unaccountable federal agency.” The manifesto says “the next conservative President should order the immediate dissolution of the agency.”

(The document was written before the Supreme Court ruled in the CFPB’s favor, so it takes the agency’s unconstitutionality as gospel.)

The specter of rampant Mulvaneyism still lurks on the horizon in a Republican administration: taking government off the backs of the people, so predatory businesses can again saddle up.

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A tale of two Ralphs — Lauren and the supermarket — shows the reality of a K-shaped economy

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A tale of two Ralphs — Lauren and the supermarket — shows the reality of a K-shaped economy

John and Theresa Anderson meandered through the sprawling Ralph Lauren clothing store on Rodeo Drive, shopping for holiday gifts.

They emerged carrying boxy blue bags. John scored quarter-zip sweaters for himself and his father-in-law, and his wife splurged on a tweed jacket for Christmas Day.

“I’m going for quality over quantity this year,” said John, an apparel company executive and Palos Verdes Estates resident.

They strolled through the world-famous Beverly Hills shopping mecca, where there was little evidence of any big sales.

John Anderson holds his shopping bags from Ralph Lauren and Gucci at Rodeo Drive.

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(Juliana Yamada / Los Angeles Times)

One mile away, shoppers at a Ralphs grocery store in West Hollywood were hunting for bargains. The chain’s website has been advertising discounts on a wide variety of products, including wine and wrapping paper.

Massi Gharibian was there looking for cream cheese and ways to save money.

“I’m buying less this year,” she said. “Everything is expensive.”

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The tale of two Ralphs shows how Americans are experiencing radically different realities this holiday season. It represents the country’s K-shaped economy — the growing divide between those who are affluent and those trying to stretch their budgets.

Some Los Angeles residents are tightening their belts and prioritizing necessities such as groceries. Others are frequenting pricey stores such as Ralph Lauren, where doormen hand out hot chocolate and a cashmere-silk necktie sells for $250.

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People shop at Ralphs in West Hollywood.

People shop at Ralphs in West Hollywood.

(Juliana Yamada / Los Angeles Times)

In the K-shaped economy, high-income households sit on the upward arm of the “K,” benefiting from rising pay as well as the value of their stock and property holdings. At the same time, lower-income families occupy the downward stroke, squeezed by inflation and lackluster income gains.

The model captures the country’s contradictions. Growth looks healthy on paper, yet hiring has slowed and unemployment is edging higher. Investment is booming in artificial intelligence data centers, while factories cut jobs and home sales stall.

The divide is most visible in affordability. Inflation remains a far heavier burden for households lower on the income distribution, a frustration that has spilled into politics. Voters are angry about expensive rents, groceries and imported goods.

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“People in lower incomes are becoming more and more conservative in their spending patterns, and people in the upper incomes are actually driving spending and spending more,” said Kevin Klowden, an executive director at the Milken Institute, an economic think tank.

“Inflationary pressures have been much higher on lower- and middle-income people, and that has been adding up,” he said.

According to a Bank of America report released this month, higher-income employees saw their after-tax wages grow 4% from last year, while lower-income groups saw a jump of just 1.4%. Higher-income households also increased their spending year over year by 2.6%, while lower-income groups increased spending by 0.6%.

The executives at the companies behind the two Ralphs say they are seeing the trend nationwide.

Ralph Lauren reported better-than-expected quarterly sales last month and raised its forecasts, while Kroger, the grocery giant that owns Ralphs and Food 4 Less, said it sometimes struggles to attract cash-strapped customers.

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“We’re seeing a split across income groups,” interim Kroger Chief Executive Ron Sargent said on a company earnings call early this month. “Middle-income customers are feeling increased pressure. They’re making smaller, more frequent trips to manage budgets, and they’re cutting back on discretionary purchases.”

People leave Ralphs with their groceries in West Hollywood.

People leave Ralphs with their groceries in West Hollywood.

(Juliana Yamada / Los Angeles Times)

Kroger lowered the top end of its full-year sales forecast after reporting mixed third-quarter earnings this month.

On a Ralph Lauren earnings call last month, CEO Patrice Louvet said its brand has benefited from targeting wealthy customers and avoiding discounts.

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“Demand remains healthy, and our core consumer is resilient,” Louvet said, “especially as we continue … to shift our recruiting towards more full-price, less price-sensitive, higher-basket-size new customers.”

Investors have noticed the split as well.

The stock charts of the companies behind the two Ralphs also resemble a K. Shares of Ralph Lauren have jumped 37% in the last six months, while Kroger shares have fallen 13%.

To attract increasingly discerning consumers, Kroger has offered a precooked holiday meal for eight of turkey or ham, stuffing, green bean casserole, sweet potatoes, mashed potatoes, cranberry and gravy for about $11 a person.

“Stretch your holiday dollars!” said the company’s weekly newspaper advertisement.

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Signs advertising low prices are posted at Ralphs.

Signs advertising low prices are posted at Ralphs.

(Juliana Yamada / Los Angeles Times)

In the Ralph Lauren on Rodeo Drive, sunglasses and polo shirts were displayed without discounts. Twinkling lights adorned trees in the store’s entryway and employees offered shoppers free cookies for the holidays.

Ralph Lauren and other luxury stores are taking the opposite approach to retailers selling basics to the middle class.

They are boosting profits from sales of full-priced items. Stores that cater to high-end customers don’t offer promotions as frequently, Klowden of the Milken Institute said.

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“When the luxury stores are having sales, that’s usually a larger structural symptom of how they’re doing,” he said. “They don’t need to be having sales right now.”

Jerry Nickelsburg, faculty director of the UCLA Anderson Forecast, said upper-income earners are less affected by inflation that has driven up the price of everyday goods, and are less likely to hunt for bargains.

“The low end of the income distribution is being squeezed by inflation and is consuming less,” he said. “The upper end of the income distribution has increasing wealth and increasing income, and so they are less affected, if affected at all.”

The Andersons on Rodeo Drive also picked up presents at Gucci and Dior.

“We’re spending around the same as last year,” John Anderson said.

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At Ralphs, Beverly Grove resident Mel, who didn’t want to share her last name, said the grocery store needs to go further for its consumers.

“I am 100% trying to spend less this year,” she said.

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Instacart ends AI pricing test that charged shoppers different prices for the same items

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Instacart ends AI pricing test that charged shoppers different prices for the same items

Instacart will stop using artificial intelligence to experiment with product pricing after a report showed that customers on the platform were paying different prices for the same items.

The report, published this month by Consumer Reports and Groundwork Collaborative, found that Instacart sometimes offered as many as five different prices for the same item at the same store and on the same day.

In a blog post Monday, Instacart said it was ending the practice effective immediately.

“We understand that the tests we ran with a small number of retail partners that resulted in different prices for the same item at the same store missed the mark for some customers,” the company said. “At a time when families are working exceptionally hard to stretch every grocery dollar, those tests raised concerns.”

Shoppers purchasing the same items from the same store on the same day will now see identical prices, the blog post said.

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Instacart’s retail partners will still set product prices and may charge different prices across stores.

The report, which followed more than 400 shoppers in four cities, found that the average difference between the highest and lowest prices for the same item was 13%. Some participants in the study saw prices that were 23% higher than those offered to other shoppers.

At a Safeway supermarket in Washington, D.C., a dozen Lucerne eggs sold for $3.99, $4.28, $4.59, $4.69 and $4.79 on Instacart, depending on the shopper, the study showed.

At a Safeway in Seattle, a box of 10 Clif Chocolate Chip Energy bars sold for $19.43, $19.99 and $21.99 on Instacart.

The study found that an individual shopper on Instacart could theoretically spend up to $1,200 more on groceries in one year if they had to deal with the price differences observed in the pricing experiments.

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The price experimentation was part of a program that Instacart advertised to retailers as a way to maximize revenue.

Instacart probably began adjusting prices in 2022, when the platform acquired the artificial intelligence company Eversight, whose software powers the experiments.

Instacart claimed that the Eversight experimentation would be negligible to consumers but could increase store revenue by up to 3%.

“Advances in AI enable experiments to be automatically designed, deployed, and evaluated, making it possible to rapidly test and analyze millions of price permutations across your physical and digital store network,” Instacart marketing materials said online.

The company said the price chranges were not dynamic pricing, the practice used by airlines and ride-hailing services to charge more when demand surges.
The price changes also were not based on shoppers’ personal information such as income, the company said.

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“American grocery shoppers aren’t guinea pigs, and they should be able to expect a fair price when they’re shopping,” Lindsey Owens, executive director of Groundwork Collaborative, said in an interview this month.

Shares of Instacart fell 2% on Monday, closing at $45.02.

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Apple, Google and others tell some foreign employees to avoid traveling out of the country

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Apple, Google and others tell some foreign employees to avoid traveling out of the country

Big Tech companies, including Apple, Google, Microsoft, and ServiceNow, have warned employees on visas to avoid leaving the country amid uncertainty about changing immigration policy and procedures.

Following an attack on National Guard members in Washington, the Trump administration expanded travel bans earlier this month, and beefed up vetting and data collection for visa applicants. The new policy now includes screening the social media history of some visa applicants and their dependents.

Soon after the announcement, U.S. consulates began rescheduling appointments for future dates, some as late as summer 2026, leaving employees who required appointments unable to return.

“Please be aware that some U.S. Embassies and Consulates are experiencing significant visa stamping appointment delays, currently reported as up to 12 months,” noted an email sent by Berry Appleman & Leiden LLC, the immigration firm that represents Google. The advisory also recommended “avoiding international travel at this time.”

Business Insider earlier reported on the travel advisories.

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Microsoft’s memo noted that much of the rescheduling is occurring in India, in cities such as Chennai and Hyderabad, and that new stamping dates are as far out as June 2026.

The company advised employees with valid work authorization who were traveling outside the U.S. for stamping to return before their current visa expires. Those still in the U.S. scheduling upcoming travel for visa stamping should “strongly consider” changing their travel plans.

Apple’s immigration team also recommended that employees without a valid H1-B visa stamp avoid international travel for now.

ServiceNow, a business software company, similarly issued an advisory recommending that those with valid visa stamps return to the U.S.

Microsoft declined to comment on its memo. Apple, Google and ServiceNow did not immediately respond to requests for comment.

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Companies warned that delays due to enhanced screening is for H-1B, H-4, F, J and M visas.

H-1B is a high-skilled immigration visa program that allows employers to sponsor work visas for individuals with specialized skills. The program, capped at 85,000 new visas per year, is a channel for American tech giants to source skilled workers, such as software engineers.

Big Tech companies such as Amazon, Google, and Meta have consistently topped the charts in terms of the number of H-1B approvals, with Indian nationals as the largest beneficiaries of the program, accounting for 71% of approved H-1 B petitions.

H-1B visas are awarded through a lottery system, which its critics say has been exploited by companies to replace American workers with cheap foreign labor.

In September, the Trump administration announced a $100,000 fee for new H-1B employee hires. But after severe pushback, it clarified that it applied only to employers seeking to use the H-1B visa to hire foreign nationals not already in the U.S.

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The H-1B program is an issue that has not only animated the right but also splintered it. Those on the tech-right, such as Elon Musk and David Sacks, are strongly in favor of strengthening skilled immigration, while the core MAGA base is vehemently opposed to it.

Proponents of the program often highlight that skilled worker immigration made the U.S a technological leader, and nearly half of the fortune 500 companies were founded by immigrants or their children, creating jobs for native-born Americans.

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