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NEWS RELEASE from Delaware Community Reinvestment Action Council (DCRAC)

and Community Reinvestment Association of North Carolina (CRA-NC)

For Immediate Release

April 4, 2005

Contact: Rashmi Rangan (DCRAC) at (302) 654-5024 or rashmi@dcrac.org

or Erik Ose (CRA-NC) at (919) 667-1557 x21 or action@cra-nc.org

First Bank Of Delaware Under Fire

Community Groups Blast First Bank of Delaware's Payday Lending

WILMINGTON, DE – Community groups inside and outside of Delaware have joined forces against First Bank of Delaware’s nationwide payday lending activities.  During March, they launched a letter-writing campaign that resulted in more than 250 letters signed by community members in Newcastle County.  The letters call on the Federal Deposit Insurance Corporation (FDIC) to fail the Wilmington-based bank on its current Community Reinvestment Act (CRA) exam.  

First enacted in 1977, CRA requires banks to provide banking services to low and middle-income neighborhoods in their areas.  Banks are given regular exams to determine how well they are following the law.  First Bank of Delaware is facing its first CRA exam under FDIC regulation since withdrawing from the Federal Reserve System in September, 2003 to avoid stricter oversight of its payday lending.  

Payday loans are short-term loans that borrowers take out against their next paychecks.  They have been widely condemned for their sky-high interest rates, which can range from 400 to upwards of 1,000 percent.  Studies have documented payday lending’s addictive nature and destructive effects on individuals and communities.

On St. Patrick’s Day, the groups took their fight to Washington, D.C., and met with FDIC officials.  Among the groups represented at the March 17 meeting were the Delaware Community Reinvestment Action Council (DCRAC), the Community Reinvestment Association of North Carolina (CRA-NC), the Consumer Federation of America (CFA), and the National Community Reinvestment Coalition (NCRC).  The NCRC is a national coalition of community and housing advocacy groups.  Both the NCRC and CFA have written on behalf of their members urging the FDIC to fail First Bank of Delaware on its CRA exam.

“First Bank is not living up to its responsibilities under the law,” said Rashmi Rangan, executive director of DCRAC.  “They are not providing enough community investments or lending to low income communities in Wilmington, even though their only two branches are located here.”  

“It’s a payday lender disguised as a bank,” said Peter Skillern, executive director of CRA-NC.  “First Bank is headquartered in Wilmington, but most of their revenue comes from high-cost loans to borrowers in other states through partnerships with payday lenders.”  

First Bank makes a high volume of payday loans through payday lender partners including Dollar Financial Group in Arizona, California, and Ohio, and Check’n Go in Texas and Michigan.  First Bank also partners with Liberty Tax Service to offer high-fee Refund Anticipation Loans (RAL’s) nationwide, and with Check’n Go to offer internet payday lending.  “Instead of reinvesting in the local community, First Bank harms low-income borrowers around the country through its payday loans and RAL’s,” said Rangan.  

RAL’s are similar to payday loans.  They involve charging taxpayers triple digit interest rates to temporarily loan them the amount of their tax refunds.  Taxpayers pay, on average, $150 and up to get their money a week or two faster than they could without the RAL.  Many are never told they are taking out a loan, or that these high fees are avoidable.   

In a June 27, 2003 SEC filing, First Bank explained its decision to withdraw from the Federal Reserve System by citing “substantially increased Federal Reserve Bank (of Philadelphia) regulatory requirements for participation in that line of business (payday lending).”  The FDIC is the only one of four federal banking regulators that allows member banks to partner with payday lenders.  First Bank is one of only twelve banks in the country out of more than 5,000 under FDIC regulation that still partner with payday lenders, and one of only two banks involved with internet payday loans.  

First Bank of Delaware was spun off from its former parent company Republic First Bancorp, headquartered in Philadelphia, in late 2004.  The subsidiary accounted for two-thirds of Republic’s profits in early 2004, but some saw the move as an attempt by Republic First Bancorp to minimize risk.  Analyst John Reosti described the bank’s RAL’s and payday loans as “two lines of business that regulators dislike, investors fear, and acquirers avoid altogether.”  

On March 2, 2005, the FDIC issued revised payday lending guidelines that tightened requirements for banks partnering with payday lenders.  In response, First Bank of Delaware issued a statement on March 8 that noted, “We offer such payday loans and will be affected by the revised guidelines.  (They) may have a material adverse effect on our business.  We are developing alternative loan products which are permissible under these guidelines; however, it is not possible to predict whether the development of such loan products will mitigate the adverse effects of the revised guidelines.”  

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About the Delaware Community Reinvestment Action Council (DCRAC)

The Delaware Community Reinvestment Action Council (DCRAC)’s mission is to ensure equal access to credit and capital for the underserved populations and communities throughout Delaware through Education, Outreach, Advocacy, and Legislation.  Through Education and Outreach we develop consumers of financial services who can bank with and borrow from the mainstream financial service providers.  Through Advocacy and Legislation, we strive to deepen the commitment to equal access to credit and asset building opportunities for all Delawareans among our financial systems, their regulators, our legislators, and the larger Delaware community.  

DCRAC   www.dcrac.org   (302) 654-5024   601 N. Church St, Wilmington DE 19801

About the Community Reinvestment Association of North Carolina (CRA-NC)  

The Community Reinvestment Association of North Carolina is a nonprofit, nonpartisan research and advocacy organization whose mission is to promote and protect community wealth.  We advocate for change in the lending practices of financial institutions to promote wealth building for underserved communities and to end predatory lending practices that strip wealth.  Committed to creative advocacy, CRA-NC uses research, education, mobilization, media, litigation, regulatory challenges, legislative advocacy and stockholder actions to initiate change.

CRA-NC   www.cra-nc.org   (919) 667-1557   114 W. Parrish St, Durham  NC  27702