Most consumers would feel that they had been badly cheated if they paid
$1,000 for a washing machine that in reality carried a maximum retail
price of $400.
But millions of low-income U.S. consumers face such costly scams daily.
It is all part of a rent-to-own industry that preys on customers who lack
the money to buy items like furniture, televisions, refrigerators, washer-dryers
and other household goods even pots, pans and dishes.
What few protections consumers have against rent-to-own abuses are being
threatened by legislation pending in Congress. Under provisions lobbied
by the industry, stronger state laws would be preempted (wiped out) by
weaker federal provisions.
While many state laws provide less than ideal safeguards, the National
Consumer Law Center says that a majority of the state laws which currently
govern rent-to-own contracts provide consumers more protections than federal
legislation being pushed by the industry.
The rent-to-own stores are attractive come-ons for the poor who cant
amass enough savings to pay cash for big ticket items and who lack access
to credit or have flawed credit histories that rule them out as candidates
for legitimate installment contracts.
Rental dealers advertise that consumers can buy any appliance (invariably
the ads include big-screen televisions as an example) with no money down
and without a credit check by simply agreeing to make regular (usually
weekly) payments. But miss a payment and the store requires the item to
be returned immediately. And that used item may go out the door again
the same day to another cash-short consumer.
The consumer can eventually own the merchandise if the payments are made
on time over an extended period. But, the rental payments add up astronomically.
For example, with $13 weekly rent-to-own payments over 78 weeks, a $250
television set would cost $1,014 before the consumer owned the set. This
represents an annual interest rate (APR) of 265 percent.
The same $250 television set bought through department store installment
credit at 19.8 percent interest over 18 months would cost the consumer
$291.06 or $723 less than the purchase through a rent-to-own scheme.
The New York City Department of Consumer Affairs investigated Rent-A-Center
in August and found the national rental chain was charging consumers up
to 225 percent over the Manufacturers Suggested Retail Price (MSRP)
for electronics items in the citys five boroughs. The department
filed 310 cases against the stores, charging Rent-A-Center with repeatedly
committing deceptive trade practices under the citys consumer protection
law.
The chain, based in Plano, Texas, is the nations largest rental-purchase
company with 2,400 stores nationwide. In its September 3 issue, Fortune
Magazine lists Rent-A-Center as one of the 100 fastest growing companies
in the United States with $1.7 billion in revenue during the last 12 months.
The Consumers League of New Jersey likens rent-to-own contracts to a
form of peonage (debt slavery) similar to sharecropping and the
company store where you pay and pay, but never get to the
end.
Ed Mierzwinski, of the U. S. Public Interest Group (PIRG) in Washington,
says the rent-to-own business amounts to legal loan sharking.
I have a hard time equating those kinds of comments with what consumers
are saying, says Robert Royer, a Washington, DC-based attorney who
represents Rent-A-Center. There isnt an industry around that
somebody isnt going to complain about. [The rent-to-own industry]
provides a service that, according to a Federal Trade Commission survey,
over 75 percent of the people who responded felt that it is a valuable
service that they would use again. Thats a higher rating than florists
get.
While Royer claims that most of our customers are military people
or government employees who have been transferred and dont have
their furniture when they arrive, the Better Business Bureau says
that most of the firms aim their marketing efforts at the poorest 40 percent
of the nations population.
The Federal Trade Commission says that 2.3 percent of U.S. households
used rent-to-own transactions in the last year, and 4.9 percent did so
in the last five years. The FTC said 31 percent of the customers were
African-American, 73 percent had a high school education or less, and
59 percent had household incomes less than $25,000.
(While abuses are prevalent, there are situations in which consumers
and small business may find benefits from short-term rentals or leases
of office equipment, furniture and appliances. Examples might include
small businesses starting up with limited capital or a family moving to
an area temporarily and deciding to rent furniture rather than incurring
shipping costs in transporting their household items. They rent
a bedroom suite or whatever for a short period of time until their goods
arrive, says Royer.)
The rent-to-own stores write their contracts as rental-purchase
agreements, not as credit sales.
People have a hard time understanding this transaction, Royer
says. You pay until you dont want the item, then you turn
it in. Its not a lease; its not a sale its a
kind of hybrid. And 47 states have recognized it as such. Critics
say the technical distinction is designed to avoid state and federal credit
laws such as the Truth in Lending Act that might subject the transactions
to usury ceilings and disclosures to consumers about such key items as
the annual percentage rate of interest (APR).
Royer counters that with rent-to-own transactions there is no determined
APR because there is no defined period of time. We dont know
if youre going to rent [an item] for a year or only a week. So you
cant compute the APR, because there is no defined time period. The
issue is not the APR, but whether you treat this as a lease or sale. Consumer
groups will do whatever they can to try to obfuscate that.
However, at least five states Minnesota, Wisconsin, New Jersey,
Vermont and North Carolina have state laws that treat rent-to-own
contracts in various ways as credit transactions.
Wisconsin and New Jersey, in particular, have been aggressive in attacking
what they consider predatory practices by some rent-to-own operations.
As a result, the rent-to-own industry has launched a well-financed lobbying
campaign in Congress in an effort to pass a federal law which would preempt
wipe out state laws that regulate the companies. The law
would set a ceiling an extremely low one on regulation of
the rent-to-own industry and would prevent a state from enacting any restriction,
protection or disclosure that would be in any manner stronger than the
federal law. If the scheme works, the only protections and the only disclosures
will be those drafted as a federal law by the rent-to-own industry.
The industrys water is being carried by Representatives Walter
Jones, R-North Carolina, and Jim Maloney, D-Connecticut, who introduced
legislation (HR 1701) which is now pending in the Financial Services Committee
of the House of Representatives. The legislation has 51 co-sponsors, 23
of them Democrats, including House Democratic Caucus Chair Martin Frost
of Texas, who represents Rent-A-Centers home district in Dallas.
Among the heavy hitters joining the rent-to-own lobbying team in support
of the Jones-Maloney bill is Lanny Davis, former special counsel for President
Clinton and now chief of the legal crisis team for Patton Boggs, one of
Washingtons biggest lobbying law firms. Also at the center of the
pro-rent-to-own forces is John Raffaelli, who was an aide to former Senator
and Treasury Secretary Lloyd Bentsen and who has long padded the halls
of Congress in efforts to peddle pro-industry amendments for rent-to-own
operatives.
Fifty-two state and territorial attorneys general have signed a letter
to the Financial Services Committee in opposition to the bill and the
effort to wipe out state protections which protect consumers in rent-to-own
transactions.
This measure would take away state law protections from low-income
consumers, particularly consumers who have few alternatives in the marketplace,
David Gilles, assistant attorney general of Wisconsin, told the Committee.
Even with the entry of the attorneys generals on the side of the consumers
and the ongoing efforts of consumer organizations, the legislative odds
are stacked against the poor in the battle to get a fair shake in rent-to-own
transactions. The high cost of rent-to-own purchases everything
from televisions to a babys crib adds new meaning to
an old truth the poor pay more. And the industrys
lobbyists backed by ample campaign chests are
willing to pay what it takes to make certain that this equation remains
unchanged.
Jake Lewis is a banking specialist at the Center
for the Study of Responsive Law.
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