A prominent Republican on Friday accused Democrat Diane Denish of misquoting facts to score political points.
Hal Stratton‘s denunciation of Denish came a day after the Democratic nominee for governor accused her Republican opponent, Susana Martinez, of being too cozy with out-of-state businesses and corporations.
To make her point during Thursday night’s final gubernatorial debate, Denish used an e-mail the former state attorney general and Bush administration official had sent to encourage a potential contributor to attend a fundraiser for Martinez.
The fundraiser wasn’t hosted by payday lenders as Denish made it sound, Stratton said. Denish also misquoted the e-mail he sent, substituting the phrase “predatory lending” for “consumer lending,” he said.
“You don’t see predatory lending in there, do you?” he said.
Here’s an excerpt of the e-mail Stratton sent:
As you know we have a governor’s race on here in New Mexico. The Democrat, Diane Denish, is out to end consumer lending. The Republican, Susana Martinez, we are assured is not for ending or further limiting consumer lending. Fortunately, Susana is ahead and is going to win.”
“The facts speak for themselves,” Stratton told The Independent on Friday.
The Denish campaign on Friday, however, defended the Democratic lieutenant governor’s decision to trade out “consumer lending” for “predatory lending” because “the lobbyists who are there have represented the payday industry. They can call it what they want to call it. At the end of the day they are talking payday loans.”
Stratton’s use of the phrase “consumer lending” in the e-mail is a bit misleading. Stratton acknowledged to the Independent on Friday that the phrase “consumer lending” in the e-mail refers to “payday and installment loans.”
Consumer lending usually is a phrase employed as a catch-all for many types of loans that are not to businesses, including, say, a home equity loan. Neither Denish nor her campaign has talked of ending consumer lending. Rather, she has taken aim at lenders who engage in predatory lending that critics often associate with the payday and installment loan industries.
Stratton defended payday and installment loan lenders, saying those types of loans are not in and of themselves predatory by nature. How they are administered determines whether they fall into that category, he said.
“Predatory refers to how you make the loan, not which loan it is, not the nature of the loan, not whether it’s a small loan or a big loan,” Stratton said.
The rise of predatory lending as an issue in the gubernatorial race comes as consumer advocates say the 2007 law New Mexico passed to curtail predatory lending hasn’t lived up to its potential.
The 2007 law was supposed to limit payday lenders but critics such as Denish have accused payday lenders of exploiting loopholes to charge exorbitant fees. Attorney General Gary King sued two payday lenders in June 2009 for charging “extremely high rates, in some cases, more than 1,000 percent.”
One of King’s lawsuits says that a New Mexico man borrowed $100, which was due to be repaid with 26 bi-weekly installments of $40.16 each, plus a final installment of $55.34. In other words, the man had to pay $100 and $999 in interest, the AG’s office said.
When asked whether the interest rates involved in King’s cases qualified as predatory lending, Stratton said he didn’t know. Stratton responded similarly when asked if there were loans generally that met the threshold of predatory lending.
“I’m not qualified to respond to that,” he said.
Martinez has not made predatory lending a marquee issue in the gubernatorial campaign like Denish has, but in a statement last month she said that she supported “strong consumer protections” such as caps on interest rates.
“Further, we must ensure that terms for each and every loan are fully disclosed to the consumer and I support strengthening penalties for companies that take advantage of consumers,” Martinez was quoted as saying in that statement.
The Martinez campaign did not respond to questions from the Independent about Thursday’s gubernatorial debate or about Wednesday’s fundraiser.
The one-hour fundraiser at the Albuquerque Country Club scheduled for midday Wednesday attracted 75 to 80 people from all walks of life, Stratton said.
“I think we did pretty well,” he said. “We must have had 11 Democrat lobbyists there with their clients who were non financial,” Stratton told The Independent.