Jane Greenway Carr
Editorial Fellow
Imagine the mayor of your hometown. Whether you grew up in a small-town hamlet or a sprawling metropolis, the mayor is by definition a leader, perhaps even a trailblazer. What you likely don鈥檛 imagine is a mayor being sued by a debt collector.
But that鈥檚 exactly what is happening to Yolonda Fountain Henderson. As ProPublica鈥檚 Paul Kiel and Annie Waldman detail in a , she鈥檚 a single mother and the first black mayor of Jennings, Missouri (a suburb of St. Louis). And as the defendant in a debt collection lawsuit, she鈥檚 losing a quarter of her paycheck to a garnishment from the local sewer utility, to whom she owes missed payments built up during a period of unemployment a few years back.
Kiel and Waldman鈥檚 story, 鈥淭he Color of Debt: How Debt Collection Squeezes Black Neighborhoods,鈥 builds on Kiel鈥檚 first-ever among workers. 鈥淭he Color of Debt鈥 places the experiences of Henderson and many others into a stark context: how race and debt collection impact Americans from all walks of life trying to get by. Four million workers, or three percent of the workforce, had wages seized because of consumer debt in 2013. Published last month and already being hailed as a groundbreaking analysis of available data about consumer debt lawsuits, Kiel and Waldman鈥檚 exhaustive article鈥攆or which they spent a year investigating and analyzing over 500,000 cases from St. Louis, Chicago, and Newark鈥攁lso that debt collection lawsuits are more common by far in predominantly black communities than in predominantly white ones, even when controlling for income.
The typical black household has a net worth of just over $10,000, while that of a typical white household has just over $100,000. Even within similarly low-income groups, white families have more than three times the liquid assets than black families, said Waldman at a recent event at 麻豆果冻传媒 with Kiel, director Anne Price, the New Republic鈥檚 , and Jeanette Quick, senior counsel to Senator Sherrod Brown (D-OH), who serves on the Banking, Housing, and Urban Affairs Committee.
Although ProPublica didn鈥檛 have access to data about the race of the suits鈥 defendants, they were able to use the debtors鈥 location of residence and census tract data to extrapolate and map racial and economic variables. 鈥淟ooking at where someone lives is a good proxy for race鈥 in historically segregated cities like the ones they studied, observed Kiel. While Kiel and Waldman鈥檚 findings suggest the possibility of implicit or overt racial bias by lenders or collectors, they propose another explanation: that years of systemic discrimination have left black families with far fewer financial resources to rely on in unexpected 鈥渇inancial shocks鈥濃攑ressure situations like medical emergencies, car repair, or job loss. Without a reserve or safety net, black families are statistically much more vulnerable to getting behind on bills and being sued by debt collectors.
The typical black household has a net worth of just over $10,000, while that of a typical white household has just over $100,000.
鈥淭here is a spotlight that is now trained on issues contributing to the racial wealth gap,鈥 observed Justin King, policy director for 麻豆果冻传媒鈥檚 Asset Building Program. Stories with rigorous historical and data analysis like 鈥淭he Color of Debt鈥 or Ta-Nehisi Coates鈥 鈥溾 are powerful drivers of conversation. For example, both illustrate the lack of financial security and flexibility in communities of color reflected in a of American Family Finances that Waldman cited: 鈥淏lack families who do not experience a financial shock,鈥 she said, 鈥渟ay that they feel as secure as white families who do experience a financial shock.鈥
Among the crucial themes in 鈥淭he Color of Debt,鈥 said Price, is the significance of geography and generations. 鈥淭he report really brings home the point about how place and race intersect and how much that matters,鈥 said Price. It also documents and highlights deep-seated racial discrimination enforced via mechanisms like housing policies that have prevented black families from accumulating and transferring wealth to their children. 鈥淥ver time, when you are not able to buy that home and build up that equity, you think about the next generation, that this goes generations deep.鈥
Federal law allows debt-collecting plaintiffs to take up to a quarter of a defendant鈥檚 paycheck, while garnishment percentages and limits on interest rates vary widely state by state. And while Kiel and Waldman鈥檚 analysis illuminates an urgent need for consumer protections when it comes to lending and debt collection, implementing structures of accountability remains an elusive challenge for lawmakers. Quick mentioned a bill that Brown introduced in July to address and the Consumer Financial Protection Bureau鈥檚 planned national database as promising initiatives, but pointed out that 鈥渋n the Banking committee, the focus has not been so far this year on consumer protection issues.鈥 Instead, 鈥渕ost of the hearings that we鈥檝e had have been focused on rolling back Dodd-Frank reforms.鈥 Passing 鈥渓egislation will be difficult, so I think to the extent that there are informal policy levers that can be looked at,鈥 such as further empowering regulators and enforcement agencies, 鈥渢hose are important tools in the toolbox.鈥
A journalist who has reported from Ferguson and St. Louis, Jamil Smith reflected on the fact that the racial disparities in debt collection suits aren鈥檛 happening in a vacuum but against the backdrop of a broader national conversation about race that鈥檚 been unfolding over the past year. Jennings, where Henderson is mayor, borders on Ferguson. 鈥淲e could just as easily have been hearing about Jennings for the last year as Ferguson,鈥 said Kiel. Michael Brown attended school in Jennings and was fatally shot by Darren Wilson about 200 yards from the Jennings border.
The report documents and highlights deep-seated racial discrimination enforced via mechanisms like housing policies that have prevented black families from accumulating and transferring wealth to their children.
Both Quick and Price acknowledged that 鈥淭he Color of Debt鈥 is a reminder of the power of storytelling. 鈥淣othing鈥檚 very quick on the Hill,鈥 Quick quipped, but 鈥渃ontinuing to highlight these issues is supremely important鈥 when it comes to the Hill, the more members who hear about it, the more they鈥檒l continue to pay attention.鈥 In the absence of long-term legislative change, said Price, 鈥渨e also have to continue to push the discourse and dialogue around these issues.鈥 When it comes to debt, she continued, 鈥渨e have a huge narrative to overcome around personal responsibility鈥攑articularly in communities of color and how that really undermines our ability to be effective on a policy front. So we need these kinds of reports and we need these conversations to be pushed out there so they can support the policy pieces that we鈥檙e working on.鈥
When it comes to making real changes to policy and culture that will have a tangible impact on racial disparities in debt collection suits, said Kiel, 鈥渢here are a lot of common sense fixes. It鈥檚 just a matter of it being a priority in a state house or in Congress.鈥 Price concurred, arguing that 鈥渨e鈥檙e going to have to think really big and bold about this type of inequality that has been so pervasive over the last several hundred years.鈥 Price also identified both consumer protections and student debt as immediate problems that are 鈥渂ringing down multiple generations,鈥 and noted that 鈥渋f we can make some headway and reforms there I think we鈥檒l have an immediate impact on young people today and for young people down the line.鈥 Improving the financial outlook for people 鈥渄own the line鈥 matters because, as Kiel described, 鈥渙nce a creditor gets a court judgment, this is part of someone鈥檚 life for a long time.鈥 Judgments are typically good for 10 years, becoming 鈥渟omething that can provide an invisible drag鈥 on families in communities of color. As Kiel and Waldman quote Henderson as saying in their piece, 鈥淲e鈥檙e all in the same boat鈥t鈥檚 the black community.鈥
Jane Greenway Carr is the contributing editor and a Breadwinning & Caregiving Fellow at 麻豆果冻传媒. Follow her on .