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Deceptive language

Jennifer Brunner helps payday lenders get their way

Published on Sunday, Aug 17, 2008

Jennifer Brunner appeared to be having a good week. The secretary of state weathered another episode of Republicans contriving outrage about one of her decisions, in this instance, her prudent handling of an overlap involving the dates for voter registration and absentee balloting, enforcing a law Republicans pushed to passage. She convened a meeting of lawyers representing both presidential campaigns, a bid to open lines of communication and avoid undue litigation as Election Day approaches.

Then, there was her decision-making at the Ohio Ballot Board regarding Issue 5, the bid by payday lenders to reverse helpful changes approved by state lawmakers to restrict the industry.

Brunner fumbled the ballot language by siding against clarity, the language making no reference to the centerpiece of the legislative debate: the 391 percent annualized interest rate that infuriated so many lawmakers. The ballot issue does cite the payday practice ''resulting in a total charge for a loan that substantially exceeds an equivalent APR of 28 percent'' (the limit set by the legislature). The ''substantially'' hardly captures the whopping 391 percent.

When Nancy Rogers, the interim attorney general, first rejected the proposed language of payday lenders, she noted the absence of any reference to 391 percent. She wouldn't tolerate deception. Yet that is the end result, Jennifer Brunner delivering an assist.

Jennifer Brunner appeared to be having a good week. The secretary of state weathered another episode of Republicans contriving outrage about one of her decisions, in this instance, her prudent handling of an overlap involving the dates for voter registration and absentee balloting, enforcing a law Republicans pushed to passage. She convened a meeting of lawyers representing both presidential campaigns, a bid to open lines of communication and avoid undue litigation as Election Day approaches.

Get the full article here.


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