WEEKEND WRAP: PayPal Credit/Synchrony Update; All About Friday and George Carlin FTW

It was an oddly calm week on Wall Street, as stocks barely budged Monday through Thursday.

Not to disappoint, however, Friday saw the three major indices break through the doldrums and reach all-time record closing highs. Huzzah!

Friday's ramp was due to one thing and one thing only: the promise (again) of a US-China trade deal. There wasn't one. There was the promise of one, and that's all it took to send stocks soaring again.

Being skeptical of the one-day wonder of new highs in the stock market is not a crime. It takes a rational person to recognize that stocks are overvalued, and have been for maybe the past six years. The Fed keeps pumping fresh cash into the system, the corporations continue buying back their own stock and the media continues to promote the breakthrough in trade negotiations between the United State and China.

Presto! New highs.

Without the assistance of Friday's gains, for the week, the Dow would have been up 100 points, but, the NASDAQ would have gained less than four points, the S&P would have been up three points and change, and the NYSE Composite would actually have registered a loss of 15 points. TGIF, indeed.

At the Close, Friday, November 15, 2019:
Dow 30: 28,004.89, +222.93 (+0.80%)
NASDAQ: 8,540.83, +61.81 (+0.73%)
S&P 500: 3,120.46, +23.83 (+0.77%)
NYSE Composite: 13,492.96, +100.96 (+0.75%)

For the Week:
Dow 30: +323.65 (+1.17%)
NASDAQ: +65.52 (+0.77%)
S&P 500: +27.38 (+0.89)
NYSE Composite: +85.16 (+0.64%)

On to more stupid banking tricks, such as Money Daily's recent enquiry into the continuing consumer-fleecing practices of the banking industry. This was covered in the post Scam Alert: PayPal Credit and Synchrony Financial Playing Hide and Seek with Special financing Purchase Offers

It's not enough that banks and credit card companies charge what were once considered usurious interest rates to their customers. No, their 18, 22.5, 26.75 percent interest rates are not enough. They need to offer zero percent interest Special Financing Purchases, of which Money Daily discussed at length last week - to lure consumers into even more debt with these offers. Of the most egregious and widespread is the offer of zero percent interest for six months if the purchase is paid in full, a device employed by PayPal Credit through Synchony Financial, which handles the details online.

Such offers are widespread on eBay and offered via emails to PayPal Credit account holders. These are bona fide offers and they are good, but, as explained in the prior article, they do not fully disclose the details, one of which is actually encoded into law, specifically, by the Consumer Financial Protection Bureau (CFPB), the agency created in the aftermath of the Great Financial Crisis (GFC) of 2008, via the Dodd–Frank Wall Street Reform and Consumer Protection Act, which handed rule-making, incorporated in the 1968 Truth in Lending Act (TILA) over to the CFPB. 12 CFR 1026 Truth in Lending (Regulation Z, section 1026.53(b)(1)(i) and (ii)

https://www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1026/53/#b

(Editor's Note: Yes, we have far too many laws. "The more corrupt the state, the more numerous the laws." - Tacitus, 56 AD - 117 AD)

Naturally, providing a link to the regulation is not required under the disclosure rules, so the banks don't provide such a link, because doing so might cause consumers to take a moment to consider just what they're getting themselves into. Specifically, the passage does indeed spell out, succinctly, that the lender is not required to allocate payments that are beyond the required minimum payments except in the final two cycles immediately preceding the expiration of the deferred interest offer or Special Financing Purchase.

Here it is, in all its deeply-buried glory:

(b) Special rules —

(1) Accounts with balances subject to deferred interest or similar program. When a balance on a credit card account under an open-end (not home-secured) consumer credit plan is subject to a deferred interest or similar program that provides that a consumer will not be obligated to pay interest that accrues on the balance if the balance is paid in full prior to the expiration of a specified period of time:

(i) Last two billing cycles. The card issuer must allocate any amount paid by the consumer in excess of the required minimum periodic payment consistent with paragraph (a) of this section, except that, during the two billing cycles immediately preceding expiration of the specified period, the excess amount must be allocated first to the balance subject to the deferred interest or similar program and any remaining portion allocated to any other balances consistent with paragraph (a) of this section; or

(ii) Consumer request. The card issuer may at its option allocate any amount paid by the consumer in excess of the required minimum periodic payment among the balances on the account in the manner requested by the consumer.

Money Daily had reached out to various individuals expressing concern over the banking practices regarding allocation of payments. One of the people who was kind enough to respond was the media representative for Synchrony Financial, Lisa Lanspery, who responded thus:

Rick – After reading your piece entitled “Scam Alert: PayPal Credit, Synchrony Bank Playing Hide and Seek with Special Financing Purchase Offers,” I wanted to address the misleading premise of your piece.

Synchrony is committed to transparency and consumer protection. Our advertising, applications, and billing statements provide clear, concise, and comprehensive education around the consumer’s financing options, including popular promotional financing options.

On payments to a PayPal Credit account, our process is to apply any overpayments beyond the required minimum payment due to the highest interest bearing balance -- therefore excess payments are typically applied first to non-promotional balances as required by applicable law to help the customer avoid paying interest. However, if an accountholder prefers the additional payments be allocated across their bill in a different manner, they may contact customer service to do that.

For background, here is the specific language that account holders on payment allocation.

PAYMENT ALLOCATION
We will use each payment in the amount of the minimum payment due or less, first to pay billed monthly plan payments on any Easy Payments purchases, then billed interest, then billed fees, then the principal balance, and then any other amounts due.

However, if you have a balance on a deferred interest purchase, during both the billing cycle preceding its expiration date and the billing cycle in which such deferred interest purchase expires, we may use the payment, after the amount to pay billed monthly plan payments on any Easy Payments purchases, to pay the balance on such deferred interest purchase(s).

We will use any amount in excess of the minimum payment due to pay the balances with the highest interest rate, then the next highest interest rate, and so forth. However, during both the billing cycle preceding the expiration date and the billing cycle in which a deferred interest purchase expires, we may use payments first to pay the balance on such deferred interest purchase(s).

Thanks for your interest in Synchrony and getting the facts correct.

Regards,
Lisa

Lisa Lanspery
SVP, Public Relations
Synchrony

...to which Money Daily responds, "thanks Lisa, for getting the law right. You could have just directed us to Regulation Z, which you did upon request for the specific law, but may I point out that your "background" on payment allocations is incorrect. Please read the following carefully and note the words emboldened:"

during the two billing cycles immediately preceding expiration of the specified period, the excess amount must be allocated first to the balance subject to the deferred interest or similar program and any remaining portion allocated to any other balances consistent with paragraph (a) of this section

While you are correct that the credit issuer is not required, for the most part, to allocate excess payments to the "deferred interest" offering, you are incorrect about the timing of the last two cycles. They are the two cycles immediately preceding expiration of the specified period of deferred interest financing, not "both the billing cycle preceding its expiration date and the billing cycle in which such deferred interest purchase expires..." as you stated in your email correspondence.

If this is indeed the practice by which Synchrony is allocating payments, then Synchrony is in violation of the law. If, however, you simply made a misstatement of Synchrony's policy, then let's just all apologize to one another (Money Daily for being alarmist, Synchrony Financial for being a credit issuer, and you, for making a small error), sit around the campfire and sing kumbaya.

The final point is that banks and credit companies have the consumers over various barrels when it comes to financing, disclosure, rules, and, especially, lawmaking, most likely because most of the laws are written for congressional representatives - who don't understand even a third of what's contained in the laws on which they vote ("we have to pass it to see what's in it" comes to mind) - by lobbyists or lawyers for the corporate interests involved, in this case banking. They write the laws to benefit their clients, the banks, not consumers.

Whew! That's more than enough for a Sunday morning. If any readers have chosen the TL;DR option, that is completely understandable.

Please enjoy the entire 10-minute video of the late, great George Carlin, uncovering, near the end, some truth about America.

Scam Alert: PayPal Credit, Synchrony Bank Playing Hide and Seek With Special Financing Purchase Offers

by Fearless Rick Gagliano, editor, Money Daily

     When it comes to banking in general, most Americans (Europeans and Asians, as well, we might assume) are skeptical about institutional sincerity and customer care. After all, it was just a decade ago that some of the biggest banks in the world were caught up in a messy triage with overzealous rating agencies and absent regulators that sent global finance to its knees.

Since the Great Financial Crisis (GFC) of 2008, there have been more than few dubious practices entertained by major banks. Wells-Fargo comes to mind, whose employees, paragons of virtue all, no doubt, opened accounts in people's names without their knowledge, among other scandalous activity.

Certainly, the annals of banking history are rife with examples of financial trickery, pandering and assorted crimes and misdemeanors carried on by monied institutions, all in the name of profit and greed.

With the advent of the internet age, banking has become more streamlined, varied and accessible to anyone with a smartphone, tablet or computer. Offerings from non-bank institutions abound. The leader among transactional vendors being PayPal, the the online business-consumer, peer-to-peer middleman company founded in part by Elon Musk, Max Levchin, and Peter Thiel made its name by offering online accounts to anybody who could "fog a mirror" and with a few nickels to rub together.

With an IPO in 2002 and subsequent acquisition by online auctioneer eBay, PayPal became the de facto standard for online payments. Reacting to a squabble from investor Carl Ichan, eBay divested itself from PayPal in 2014 and since then PayPal has been a stand-alone company. It was late in 2008 and early 2009 that PayPal, after acquiring the company known as Bill Me Later, began to offer credit to consumers. Aptly named PayPal Credit, a complete credit and debiting system aimed at the massive consumer audience worldwide was established.

Among their many marketing tactics, PayPal Credit offered a wildly popular option called special purchase financing, bearing zero interest for six months on purchases of $99 or more if paid in full during the allotted time. That promotion still exists today, but the present and recent past are where the issues of dubious claims and incomplete disclosure of terms begins.


Enter Synchrony

PayPal partnered with consumer credit giant, Synchrony Financial, to offer credit cards to PayPal account holders in 2004 and took the relationship even further in 2017, when it sold $5.8 billion in consumer credit receivables to Synchrony Financial, effectively yielding control over the operation of PayPal Credit to Synchrony.

It was around that time in 2017 that how payments on PayPal Credit accounts were allocated was altered. When parent company PayPal was operating PayPal Credit, allocations of payments on accounts were handled roughly as anything over the minimum required payment on the entire account was then allocated to the special purchase financing.

For example, a PayPal Credit account holder, with, say, $1000 existing outstanding balance and a minimum monthly payment of $40, makes a purchase for $500 and takes advantage of the Zero Interest for Six Months if Paid in Full Special Financing Purchase. When the account holder makes a payment, say $100, $40 would cover the outstanding minimum credit payment and the remaining $60 would be applied to the Special Financing Purchase. That was pretty standard, and logical.

No more. Now, when that same account holder (or any account holder) with an existing outstanding balance makes the same transaction, the entirety of his or her payment goes toward the account balance and NONE is allocated to the Special Financing Purchase until the final 60 days of said Special Financing Purchase. In the meantime, interest accrues on the Special Financing Purchase at the full amount, in our case, $500. If the Special Financing Purchase balance is not paid off in full at the expiration of the six months, all of the accrued interest becomes part of the account balance due.

Nowhere in the terms and conditions of Special Financing Purchase is this made obvious or even mentioned to consumers. It is only revealed when (as our Editor found out) one questions PayPal Credit customer support by phone or by online chat. The response to why this devious practice is maintained, is that PayPal Credit and/or Synchrony Financial uses best practices in allocating funds in this manner. It's almost a certainty that said best practices are what's best for the bank, not the consumer, and here's why:

Beyond the failure to disclose this in-house allocation rule, the bank (Synchrony, in this case), has interest accruing on that Special Financing Purchase (remember, ZERO interest for six months if paid in full) at the full amount of the purchase, not at a lesser amount if account holder payment allocations were done the old way, in a moral, reasonable, and logical manner. It also sets up the casual account holder for a shock, when he/she looks at the Special Financing Purchase and realizes that with two months left to pay off the Special Financing Purchase at Zero Percent he or she still owes the full amount.

Unless one is careful enough to scrutinize the monthly statements generated by PayPal Credit, this poor or mis-allocation of payments - done in the name of best practices - can easily go unnoticed, especially if one makes automatic or automated monthly payments, a practice which all banks and credit card companies strongly encourage.

There is some relief, maybe.

Calls to PayPal Credit on this or any credit account issue result in referral to Synchrony. The supervisor with which Money Daily spoke on Thursday, November 7, elicited the response that payments can be allocated to the Special Financing Purchase if one calls Synchrony at 1-844-373-4961 and requests the payments be directed according to the wishes of the account holder, and NOT in the manner usually employed by the BANK (Synchrony). Synchrony says they will honor such requests and process them, but allocations will not show up on online accounts for "a few days."

Additionally, none of this would apply to anybody who isn't carrying a balance (the wise and fortunate 20-30% of account holders) with PayPal Credit and the only purchase made was a Special Financing Purchase. In that case, all of the monthly payment would be applied to the deferred interest financing because that's all there is.

Therein lies the problem. Instead of doing business in a morally correct, logical, reasonable, responsible, and customer-friendly manner, Synchrony Financial has chosen the usual path of 21st century bankers: deceit, incomplete disclosure, "gotcha" terms and "special financing" with in-house rules designed to maximize the bank's profitability, the customer be damned. To do business in what would normally be considered the "best practice" for the consumer, the account holder has to go out of his or her way to make a special phone call, jump through hoops, listen to all of the recordings and prompts to get what should have been done automatically. This is, after all, the age of high-speed communications and the internet, not Ma Bell's twisted copper.

If this practice isn't illegal, it would be no shock today. Financial institutions have been afforded wide latitude in their dealings with the public, to encourage loans, credit, and debt in a wide array of products and offerings.

In a world in which sanity, fairness, and reasonableness would be the norm, this kind of operation might be considered fraud at worst, bait-and-switch at best. But today, in our world of glorification of all things money and financial, where the dollar sign is revered and worshipped, it barely registers a "lookie here." It's a sad commentary on the state of morality and banking when gigantic, faceless institutions are able to run roughshod over consumers. It goes against the public interest, an interest, incidentally, that nobody - from bankers to consumer credit agencies to politicians - seems to be even remotely interested in protecting.

So, what do you think? Is this practice just run-of-the-mill deceit and standard underhandedness by PayPal Credit and Synchrony Financial, or does it rise to or border on criminal mischief, something banking regulators or congress should address? Comments are open, and are moderated.

Anybody experiencing issues such as those outlined above should call Synchrony at 1-844-373-4961 and complain loudly.

Be polite, but overall, be careful.

UPDATE: Found a thread on the PayPal boards dealing with this very issue. Many are fuming about it.
See here: https://www.paypal-community.com/t5/PayPal-Credit/PayPal-Credit-Promotional-Payment-Allocation/m-p/1553309/highlight/false#M8392

UPDATE 11/27/19: This issue will remain, as the actions of Synchrony are guided by Regulation Z. See the updated blog post:
https://moneydaily.blogspot.com/2019/11/weekend-wrap-paypal-creditsynchrony.html

At the Close, Thursday, November 7, 2019:
Dow Jones Industrial Average: 27,674.80, +182.24 (+0.66%)
NASDAQ: 8,434.52, +23.89 (+0.28%)
S&P 500: 3,085.18, +8.40 (+0.27%)
NYSE Composite: 13,395.55, +43.98 (+0.33%)