Monday, February 19, 2018

Senator Elizabeth Warren’s next crusade?

One the mystifying topics in Finance is the unmovable interest rates that banks charge on credit card balances. For the past decade, these have hovered around 25% p.a. while bank funding costs remained below 3% p.a.

Add to that charge-offs of around 3% p.a. and banks generate gross margins of 19% p.a. from which to pay operating and advertising expenses.  Thanks to economies of scale, large institutions should clear well over 10% p.a. before tax.  And of course, this is before factoring any debt leveraging which boost ROEs.

Why is it that competition doesn’t squeeze these fat margins?  Is the market really operating as it should?

Bankers will argue that they have nothing to gain by lowering their lending rates as this would attract the riskier clients, those who max out on their cards and have difficulty paying them on time.  Perhaps.  But that still doesn’t address the question as to whether US borrowers are overpaying for credit and, in doing so, suffer undue hardship.

It so happens that the current US situation is not unique, and there is a recent precedent where a government intervened to profoundly recast a seemingly well oiled but uncompetitive consumer finance market: Japan in 2006.

The Japanese consumer finance market
For years, Japanese banks limited themselves to secured consumer lending, namely mortgage financing. 

Unsecured lending is a different ballgame: lenders need to assess their clients’ ability to repay, or roll over loans; this calls for a different kind of credit analysis and for access to extensive credit data bases.  Finally, lenders must ensure that their revenues (and therefore lending rates) cover their expenses.

Lacking all of these, Japanese banks left the field open to money lenders - thousands of them - ranging from small, at times illegal outfits, to large and sophisticated publicly traded firms.

The opening was provided by the Investment Deposit and Interest Law which allowed lending rates of up to 29.2% p.a., well above the 20% p.a. ceiling set by the Interest Rate Restriction Act of 1954 for loans up to ¥1,000,000.

This opportunity to makes tons of money triggered an impressive burst of creativity:  the association of consumer finance companies set up a vast and up-to-date credit bureau; top lenders invented ATM-like terminals through which customers could obtain new loans in under 20 minutes; they developed algorithms that not only helped them approve new loans but size and price them to maximize profits; basically, they outsmarted, outperformed and out-earned traditional banks.

There was however a downside for society.  Borrowers could easily contract several loans from different lenders, and with rates of 29.2% p.a., they stood little chance to repay them, which left them perpetually in debt.  Consumer lenders could  use rough collection methods, sending staff to harass debtors at home, even suggesting they sell a kidney to meet mounting past dues.  Finally, the biggest lenders and their founders became very rich and very arrogant[1].

In 2006, out of the blue, the Japanese Establishment stroke back, hard.  First, the Supreme Court ruled that interest rates in excess of 20% (the so-called Grey Zone) had been illegal.  Then, the Japanese Accounting Board demanded that consumer lenders set aside reserves to meet client demands for repayment of excess interest paid going back up to five years; for the top four lenders alone, the initial reserves topped $7.5 billion.  Finally Parliament voted new lending laws which “defanged” the lending upstarts: credit bureau data would have to be shared with banks, customers would be limited in their ability to contract multiple loans and to a total value of 1/3 of annual income[2], lending rates would effectively be capped at 15%-18%[3], finally criminal penalties were stiffened.

The consequences for the top money lenders were harsh:  Takefuji collapsed, Acom and Promise fell under the control of Mitsubishi UFJ and Sumitomo MFG respectively, Aiful survived as a smaller entity after its founder recapitalized it.

Back to the US
There are substantial differences between US credit card lenders and the Japanese consumer finance companies of a decade ago, particularly with regards to the collection process.  But there are important economic and social similarities.

Unsecured consumer debt in 2006 in Japan was not at levels that threatened the economy, and the same can be said of the US situation today.  But in both countries, underlying tensions were building under the surface.

Here, it is not difficult to imagine a new backlash against banks in general, and credit card interest rates are one area where the big players are both very dominant and apparently uninterested in competing on price.  I, for one, can imagine a political figure such as Senator Warren seizing on the opportunity to take on the Consumer Financial Protection Bureau and ask why consumer credit rates are both so high and so static.





[1]  I recall a very rich and very smart founder, who had been invited by Nomura Securities to meet investors, openly boast that he was far more bankable than them.
[2]  In practice, the new law made it difficult for customers’ total loans to exceed ¥1,000,000 or ¥500,000 with one single lender.
[3]  18% for loans up to ¥1,000,000 (US$9,400 at today’s exchange rate) and 15% for loans beyond that amount.