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Car title loan practices alarm officials
by Bob Campbell
Midland Reporter-Telegram
- 'Payday' and other short term loans with harsh terms also come under officials' scrutiny
By Bob Campbell
Staff Writer
A Midland woman's nightmarish experience with a car title loan company has led District Attorney Teresa Clingman and Sen. Kel Seliger to question state consumer credit regulations that allow the strong arm collection of more than 300 percent of a loan's original value.
Linda Lewis, a 53-year-old caregiver, borrowed $6,300 on her 2004 Toyota Camry to pay for her stepson's funeral and from last August to July paid more than $12,000, declared bankruptcy and called on a former employer for the last $4,000-plus to gain her freedom.
"I was paying them $1,300 a month just for the fees to keep my car," Lewis explained. "I didn't like the way they treated me. This man would jump up and down laughing and bowing his head and grinning. I didn't think that was right with all the money we were spending."
When asked what advice she has for other prospective car title borrowers, Lewis said, "I would say don't do it because it's a rip off.
"They just want to take your money or your car. You'll wind up losing your car and it's not worth it. It's not good that they are cheating people like this."
Clingman was dismayed to learn the practices of car title loan, "payday loan" and other such places are legal.
"I was shocked that these companies have had special legislation to carve out legality for just these situations," said Clingman. "These outfits are popping up all over town to prey on the unsophisticated and desperate.
"It puts the least prepared and poorest among us in an absolutely untenable situation. The mere fact they say on their paperwork that this is an expensive way to borrow money does not convey strongly enough what these people are getting into."
Clingman said the loan offices adhere to state usury laws prohibiting more than 10 percent interest on the principal but levy unlimited service charges in the guise of credit service organizations "CSOs" who help customers with bad credit improve their ratings.
"These folks get into a trap and can never pay off the loan," she said. "Their payments are so tremendous that they're in a swirling eddy, if you will. They're sinking and end up losing their car."
Seliger, an Amarillo Republican who represents the Permian Basin, said the 81st Legislature may need to take action next year in Austin.
"If someone is borrowing on a car, it more than likely means they can't borrow otherwise and the chance of getting in trouble on the loan and losing the car is pretty good," Seliger said. "There are a lot of questions. Is it a deceptive practice? Do people know everything they need to before borrowing? If someone is being treated unfairly or dishonestly, it calls either for prosecution or legislation."
Bankruptcy attorney Sydney Weaver said payday loan companies who make customers write post-dated checks for interest and fees and "roll over" ever increasing amounts are as objectionable as car title lenders controlled by big banking chains.
"I've seen people pay up to 1,000 percent interest," Weaver said. "People use these loans as stopgaps and can never get out because the Legislature hasn't seen fit to tackle this. I'm working on six cases of auto fraud where dealers signed forged names on contracts.
"They got the cars back and sold them again after payments had been made because they said they couldn't get the credit approved."
Weaver said when a walk-in office loans money on a car title, furniture or other property, it often requires the borrower to surrender ownership of the property and in effect "rent it back" while service charges, late fees and rollover amounts are being tallied.
"Our population is 40 percent Hispanic and these agreements are written in English," the lawyer said. "If I primarily talk Spanish, I have no idea what you're writing down. The documents say you have sold them this property and they are now renting it back to you.
"Certain elements have to be proved to use the federal RICO (Racketeer Influenced and Corrupt Organizations) statutes, but I think if somebody wanted to go after them it might not be that difficult to prove," Weaver said.
"There is always going to be a group of citizens who don't make a great deal of money and are prime targets. These people are drowning and anytime someone puts in a stopgap measure legislatively, they just bypass it."
Rudy Aguilar, director of consumer protection in the state Office of the Consumer Credit Commissioner in Austin, said it was a setback when the 5th U.S. Circuit Court of Appeals ruled for defendants Ritemoney Ltd. and SNM Inc. in a 2004 class action lawsuit by car title loan customer Betty Lovick.
He said the Texas Comptroller's Office and his agency have changed standards to force federally chartered and then state chartered banks out of the business and then the companies invoked Chapters 342 and 393 in the Texas Finance Code to become CSOs.
"We've been dealing with payday lenders for 10-12 years and have been through a series of structures," Aguilar said. "There are 1,700 payday locations in the state and some very large payday operations in many states."
In the appellate court's ruling, Justice E. Grady Jolly dissented that he could not discern all the facts. "I respectfully dissent because I sense something strange may be going on here and there has been no discovery," wrote Jolly.
"When the broker is getting 90 percent of the profit on a transaction, it is not unreasonable to think perhaps the lender is somehow being benefited; perhaps it is, in effect, receiving a usurious rate of interest from whatever arrangement it has with the broker.
"Perhaps the broker is paying a flat sum to the lender or a percentage of its seemingly excessive nominal fee. This may amount to usury or may suggest a conspiracy to commit usury. Or perhaps nothing untoward is going on. It may even be probable this is a completely legal and legitimate operation."
Bob Campbell can be reached at bob@mrt.com.
By Bob Campbell
Staff Writer
A Midland woman's nightmarish experience with a car title loan company has led District Attorney Teresa Clingman and Sen. Kel Seliger to question state consumer credit regulations that allow the strong arm collection of more than 300 percent of a loan's original value.
Linda Lewis, a 53-year-old caregiver, borrowed $6,300 on her 2004 Toyota Camry to pay for her stepson's funeral and from last August to July paid more than $12,000, declared bankruptcy and called on a former employer for the last $4,000-plus to gain her freedom.
"I was paying them $1,300 a month just for the fees to keep my car," Lewis explained. "I didn't like the way they treated me. This man would jump up and down laughing and bowing his head and grinning. I didn't think that was right with all the money we were spending."
When asked what advice she has for other prospective car title borrowers, Lewis said, "I would say don't do it because it's a rip off.
"They just want to take your money or your car. You'll wind up losing your car and it's not worth it. It's not good that they are cheating people like this."
Clingman was dismayed to learn the practices of car title loan, "payday loan" and other such places are legal.
"I was shocked that these companies have had special legislation to carve out legality for just these situations," said Clingman. "These outfits are popping up all over town to prey on the unsophisticated and desperate.
"It puts the least prepared and poorest among us in an absolutely untenable situation. The mere fact they say on their paperwork that this is an expensive way to borrow money does not convey strongly enough what these people are getting into."
Clingman said the loan offices adhere to state usury laws prohibiting more than 10 percent interest on the principal but levy unlimited service charges in the guise of credit service organizations "CSOs" who help customers with bad credit improve their ratings.
"These folks get into a trap and can never pay off the loan," she said. "Their payments are so tremendous that they're in a swirling eddy, if you will. They're sinking and end up losing their car."
Seliger, an Amarillo Republican who represents the Permian Basin, said the 81st Legislature may need to take action next year in Austin.
"If someone is borrowing on a car, it more than likely means they can't borrow otherwise and the chance of getting in trouble on the loan and losing the car is pretty good," Seliger said. "There are a lot of questions. Is it a deceptive practice? Do people know everything they need to before borrowing? If someone is being treated unfairly or dishonestly, it calls either for prosecution or legislation."
Bankruptcy attorney Sydney Weaver said payday loan companies who make customers write post-dated checks for interest and fees and "roll over" ever increasing amounts are as objectionable as car title lenders controlled by big banking chains.
"I've seen people pay up to 1,000 percent interest," Weaver said. "People use these loans as stopgaps and can never get out because the Legislature hasn't seen fit to tackle this. I'm working on six cases of auto fraud where dealers signed forged names on contracts.
"They got the cars back and sold them again after payments had been made because they said they couldn't get the credit approved."
Weaver said when a walk-in office loans money on a car title, furniture or other property, it often requires the borrower to surrender ownership of the property and in effect "rent it back" while service charges, late fees and rollover amounts are being tallied.
"Our population is 40 percent Hispanic and these agreements are written in English," the lawyer said. "If I primarily talk Spanish, I have no idea what you're writing down. The documents say you have sold them this property and they are now renting it back to you.
"Certain elements have to be proved to use the federal RICO (Racketeer Influenced and Corrupt Organizations) statutes, but I think if somebody wanted to go after them it might not be that difficult to prove," Weaver said.
"There is always going to be a group of citizens who don't make a great deal of money and are prime targets. These people are drowning and anytime someone puts in a stopgap measure legislatively, they just bypass it."
Rudy Aguilar, director of consumer protection in the state Office of the Consumer Credit Commissioner in Austin, said it was a setback when the 5th U.S. Circuit Court of Appeals ruled for defendants Ritemoney Ltd. and SNM Inc. in a 2004 class action lawsuit by car title loan customer Betty Lovick.
He said the Texas Comptroller's Office and his agency have changed standards to force federally chartered and then state chartered banks out of the business and then the companies invoked Chapters 342 and 393 in the Texas Finance Code to become CSOs.
"We've been dealing with payday lenders for 10-12 years and have been through a series of structures," Aguilar said. "There are 1,700 payday locations in the state and some very large payday operations in many states."
In the appellate court's ruling, Justice E. Grady Jolly dissented that he could not discern all the facts. "I respectfully dissent because I sense something strange may be going on here and there has been no discovery," wrote Jolly.
"When the broker is getting 90 percent of the profit on a transaction, it is not unreasonable to think perhaps the lender is somehow being benefited; perhaps it is, in effect, receiving a usurious rate of interest from whatever arrangement it has with the broker.
"Perhaps the broker is paying a flat sum to the lender or a percentage of its seemingly excessive nominal fee. This may amount to usury or may suggest a conspiracy to commit usury. Or perhaps nothing untoward is going on. It may even be probable this is a completely legal and legitimate operation."
Bob Campbell can be reached at bob@mrt.com.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of mywesttexas.com.
areyouserius wrote on Aug 17, 2008 12:51 PM:
" Dumb people making dumb mistakes and needing the government to prevent their ignorance from getting them into trouble.
The lotteryand tobacco taxs are examples of government approved exploitation of the ignorant. This article represents non government sanctioned exploitation of the ignorant. In a free society people should take some responsibility for their own actions. why not just pass a law against stupidity and be done with it. "
The lotteryand tobacco taxs are examples of government approved exploitation of the ignorant. This article represents non government sanctioned exploitation of the ignorant. In a free society people should take some responsibility for their own actions. why not just pass a law against stupidity and be done with it. "
Maximus wrote on Aug 17, 2008 1:56 PM:
" I think the strong implication is the brokers are bilingual, but only tell the Spanish speaking customers the good side of the loan, not the dangerous downside that is so commonly experienced by these customers. "
Dan wrote on Aug 17, 2008 2:41 PM:
" To areyouserius there is nothing dumb about some one not able to feed his family or pay rent, you must be a richy rich and not know what it is to go from paycheck too paycheck, and in a moment of despair you do any thing for your kids at least I would, or maybe you work for one of those companies that prey on the needy, if anybody is dumb is you, you are dumb about the real world wake up. "
Dan wrote on Aug 17, 2008 3:18 PM:
" to Gringo what are you implying sir? When have you ever known life to be equal, I would like to know what is your point? Y habla la verdad senor gringo. "
Doug wrote on Aug 17, 2008 5:55 PM:
" Areyouserious, could you possibly one of the many Midland offspring whose Daddy and Mommy have paid there way for them thru life and have never had to actually work for anything. I'd be wary of a law against stupidity.....what goes around comes around. "
areyouserious wrote on Aug 17, 2008 8:36 PM:
" One more thing. If our schools would spend as much time teaching people to be financially responsible as they do teaching political correctness and socialism, we would not have a problem at all. "
the-eurasianearthlink.net wrote on Aug 17, 2008 11:07 PM:
" experimental and pursuant to the 5th amendment prohibiting government from using private property without just compensation - such as eurasian's solutions to government problems which eluded the experts including officials and consultants and experts of the government who were trying to solve these.
District Attorney Teresa Clingman
Senator Kel Selinger
Congressman Mike Conaway
What these loan sharks are doing to poor people are nothing compared to the great and massive injustices that Government Federal/State/Local are doing to eurasian and his intellectual works/solutions/inventions.
I can give you many examples but I'll just give you a few:
On the Federal level, the entire legislative branch of which Senator Kel Selinger and Congressman Mike Conaway are members --- together with the Executive Branch Pres. George W. Bush recently gave $76 Billion to 130 million US househlods at $300$600$1200 each .
I complained to CSPAN about this after Pres. Bush gave that $300 government money giveaway when he was still a new president and said that that was not Pres. Bush' idea but Eurasian's experimental first aired on the Craig Anderson Radio Talk Show in President Bush' and Laura Bush' own hometown of Midland Texas -- that's why that " $300 Bush Rebate" is EXACTLY IDENTICAL RIGHT TO THE VERY CENT TO EURASIAN'S MAIN EXAMPLE OF $300 GOVERNMENT MONEY GIVEAWAY EACH!!!. Four days later, I opened the TV and to my surprise, a dozen national reporters were questioning/grilling Pres. Bush reqarding my complaint on CSPAN. EMBARASSED RIGHT THERE ON THE PODIUM WHICH HAD THE PRESIDENTIAL SEAL ON IT, PRESIDENT BUSH SAID VERY SLOWLY WITH EYES AND FACE DOWN AND HEAD MOVING LEFT RIGHT LEFT RIGHT LEFT WHILE HE SAID IN A VERY SOFT ALMOST INAUDIBLE VOICE, " IT DOES NOT MATTER IF THE IDEA IS REPUBLICAN OR DEMOCRAT, SO LONG AS THE IDEA IS AMERICAN.
On the state level, I talked to SpeakerTom Craddick on the Craig Andersonf Radio Talk Show and asked him to raise the speed limit to 75 or preferably to 80 MPH so that I could experiment with reducing gas by running the car transmission on the highway at 4th gear instead of at the gasoline wasting 3rd gear. Four months later, not only was the speed limit at rural Texas highways raised to 75 MPH; the Speed Limit was raised to 85 MPH at the highway near El Paso at a time when all over the country, states were asking people to slow down to save gas ala "Jimmy Carter style" at 55 MPH.
Locally at higway 191 which connects Midland to Odessa , on all exit ramps, the right solid paint stripe of the OFF ramp used to only form a letter "V" when it merged with a left solid paint stripe of the service road. TODAY BECAUSE OF MY EXPERIMENTAL SUGGESTION, TXDOT HAS MADE THAT "V" INTO A "Y" thus resulting in a safer merging of "OFF" ramp traffic and Service road traffic.
I was the one who solved the daily collisions at Loop 250 in Midland. TXDOT, MPD, DPS, Sheriff's Department, City Engineer, CIty Hall did not solve that loop 250 daily collision problem. Eurasian solved it by instructing people on the radio NOT TO USE THE SERVICE ROAD BUT INSTEAD TO TAKE THE ON RAMP THEN THE OFF RAMP. I'VE ASKED AUTHORITIES ON THE RADIO TO BARRICADE THAT SERVICE ROAD. UNTIL NOW THEY'VE NEVER DONE IT!!!
Those flimsy posts at downtown railroad crossings in Midland, that was my solution which I posted on the %%% EXPERIMENTAL SECTION %%% of Midland Reporter Telegram's http://www.myopenforum.com Yes, Ms Clingham. You can still read it now and see the dates of each of my posts and the dates of the posts of people who responded to my posts. They are in a thread entitled "METAL BARRIERS: Attention Gary Saunders". They are in the %%% EXPERIMENTAL FORUM %%%
What government is doing to eurasian and his solutions is not what inventors George Washington and Benjamin Franklin and the other founders and framers of the Constitution wrote and promised to us inventors!!! President Bush, and these other government officials have actually turned George Washington, Benjamin Franklin and these other fathers and framers of the US Constitution into liars!!!!!
The US Constitution is fundamental law of the land. Any law contrary to the Fundamental Law of the Land, the US Constitution is illegal. Pres. Bush, Sen. Selinger, Congressmen Conaway, and all these senators and congressmen all swore to uphold and defend the US constitution against all domestic enemies. Article 1 sectopn 8 clause 8 MANDATES, MANDATES, MANDATES....MANDATES THE US CONGRESS TO ENCOURAGE THE USEFUL ARTS (INVENTIONS!!!!) ARE PRESIDENT BUSH, SENATOR SELINGER, REP. MIKE CONAWAY AND THEIR COLLEAGES IN THE LEGISLATIVE BRANCH OBEYING THE MANDATE OF THE US CONSTITUTION TO ENCOURAGE INVENTIONS WHEN GOVERNMENT JUST USES EURASIAN'S INTELLECUAL PROPERTIES, SOLUTIONS, EXPERIMENTALS WITHOUT EVEN JUSTLY COMPENSATING EURASIAN????
I hope DA Teresa Clingman, Sen. Selinger, Rep. Mike Conaway, Pres. Bush can do something to cause government to justly compensate eurasian.
Also, it would be advisable to change the law and make it mandatory for these officials to appear at public internet forums where large numbers of the population flock and can post freely such as Midland Reporter Telegram's http://www.myopenforum.com and http://www.mywesttexas.com.
All these inventions I've told you, and many more were invented in real time in front of radio and internet audiences. I doubt I could have invented these if I were talking to a government official privately or without the input of a wide audience. That why public public puplic public discussions are necessary.
I did these successfully on radio where government officials like to appear. But on radio, I can only say 4 sentences and then I'm cut off. I can do these much better in the internet where everything is in typewritten form. Problem is that in the internet, these government officials never come. And that website of Rep. Mike Conaway is no solution!!! People are afraid and don't go there. We can't have a dialogue there. We need something like the MRT internet forums where we have the news, we have the public, and hopefully with your help and cooperation, the government officials. "
District Attorney Teresa Clingman
Senator Kel Selinger
Congressman Mike Conaway
What these loan sharks are doing to poor people are nothing compared to the great and massive injustices that Government Federal/State/Local are doing to eurasian and his intellectual works/solutions/inventions.
I can give you many examples but I'll just give you a few:
On the Federal level, the entire legislative branch of which Senator Kel Selinger and Congressman Mike Conaway are members --- together with the Executive Branch Pres. George W. Bush recently gave $76 Billion to 130 million US househlods at $300$600$1200 each .
I complained to CSPAN about this after Pres. Bush gave that $300 government money giveaway when he was still a new president and said that that was not Pres. Bush' idea but Eurasian's experimental first aired on the Craig Anderson Radio Talk Show in President Bush' and Laura Bush' own hometown of Midland Texas -- that's why that " $300 Bush Rebate" is EXACTLY IDENTICAL RIGHT TO THE VERY CENT TO EURASIAN'S MAIN EXAMPLE OF $300 GOVERNMENT MONEY GIVEAWAY EACH!!!. Four days later, I opened the TV and to my surprise, a dozen national reporters were questioning/grilling Pres. Bush reqarding my complaint on CSPAN. EMBARASSED RIGHT THERE ON THE PODIUM WHICH HAD THE PRESIDENTIAL SEAL ON IT, PRESIDENT BUSH SAID VERY SLOWLY WITH EYES AND FACE DOWN AND HEAD MOVING LEFT RIGHT LEFT RIGHT LEFT WHILE HE SAID IN A VERY SOFT ALMOST INAUDIBLE VOICE, " IT DOES NOT MATTER IF THE IDEA IS REPUBLICAN OR DEMOCRAT, SO LONG AS THE IDEA IS AMERICAN.
On the state level, I talked to SpeakerTom Craddick on the Craig Andersonf Radio Talk Show and asked him to raise the speed limit to 75 or preferably to 80 MPH so that I could experiment with reducing gas by running the car transmission on the highway at 4th gear instead of at the gasoline wasting 3rd gear. Four months later, not only was the speed limit at rural Texas highways raised to 75 MPH; the Speed Limit was raised to 85 MPH at the highway near El Paso at a time when all over the country, states were asking people to slow down to save gas ala "Jimmy Carter style" at 55 MPH.
Locally at higway 191 which connects Midland to Odessa , on all exit ramps, the right solid paint stripe of the OFF ramp used to only form a letter "V" when it merged with a left solid paint stripe of the service road. TODAY BECAUSE OF MY EXPERIMENTAL SUGGESTION, TXDOT HAS MADE THAT "V" INTO A "Y" thus resulting in a safer merging of "OFF" ramp traffic and Service road traffic.
I was the one who solved the daily collisions at Loop 250 in Midland. TXDOT, MPD, DPS, Sheriff's Department, City Engineer, CIty Hall did not solve that loop 250 daily collision problem. Eurasian solved it by instructing people on the radio NOT TO USE THE SERVICE ROAD BUT INSTEAD TO TAKE THE ON RAMP THEN THE OFF RAMP. I'VE ASKED AUTHORITIES ON THE RADIO TO BARRICADE THAT SERVICE ROAD. UNTIL NOW THEY'VE NEVER DONE IT!!!
Those flimsy posts at downtown railroad crossings in Midland, that was my solution which I posted on the %%% EXPERIMENTAL SECTION %%% of Midland Reporter Telegram's http://www.myopenforum.com Yes, Ms Clingham. You can still read it now and see the dates of each of my posts and the dates of the posts of people who responded to my posts. They are in a thread entitled "METAL BARRIERS: Attention Gary Saunders". They are in the %%% EXPERIMENTAL FORUM %%%
What government is doing to eurasian and his solutions is not what inventors George Washington and Benjamin Franklin and the other founders and framers of the Constitution wrote and promised to us inventors!!! President Bush, and these other government officials have actually turned George Washington, Benjamin Franklin and these other fathers and framers of the US Constitution into liars!!!!!
The US Constitution is fundamental law of the land. Any law contrary to the Fundamental Law of the Land, the US Constitution is illegal. Pres. Bush, Sen. Selinger, Congressmen Conaway, and all these senators and congressmen all swore to uphold and defend the US constitution against all domestic enemies. Article 1 sectopn 8 clause 8 MANDATES, MANDATES, MANDATES....MANDATES THE US CONGRESS TO ENCOURAGE THE USEFUL ARTS (INVENTIONS!!!!) ARE PRESIDENT BUSH, SENATOR SELINGER, REP. MIKE CONAWAY AND THEIR COLLEAGES IN THE LEGISLATIVE BRANCH OBEYING THE MANDATE OF THE US CONSTITUTION TO ENCOURAGE INVENTIONS WHEN GOVERNMENT JUST USES EURASIAN'S INTELLECUAL PROPERTIES, SOLUTIONS, EXPERIMENTALS WITHOUT EVEN JUSTLY COMPENSATING EURASIAN????
I hope DA Teresa Clingman, Sen. Selinger, Rep. Mike Conaway, Pres. Bush can do something to cause government to justly compensate eurasian.
Also, it would be advisable to change the law and make it mandatory for these officials to appear at public internet forums where large numbers of the population flock and can post freely such as Midland Reporter Telegram's http://www.myopenforum.com and http://www.mywesttexas.com.
All these inventions I've told you, and many more were invented in real time in front of radio and internet audiences. I doubt I could have invented these if I were talking to a government official privately or without the input of a wide audience. That why public public puplic public discussions are necessary.
I did these successfully on radio where government officials like to appear. But on radio, I can only say 4 sentences and then I'm cut off. I can do these much better in the internet where everything is in typewritten form. Problem is that in the internet, these government officials never come. And that website of Rep. Mike Conaway is no solution!!! People are afraid and don't go there. We can't have a dialogue there. We need something like the MRT internet forums where we have the news, we have the public, and hopefully with your help and cooperation, the government officials. "
english wrote on Aug 18, 2008 9:11 AM:
" To areyouserius there is nothing dumb about some one not able to feed his family or pay rent, you must be a richy rich and not know what it is to go from paycheck too paycheck, and in a moment of despair you do any thing for your kids at least I would, or maybe you work for one of those companies that prey on the needy, if anybody is dumb is you, you are dumb about the real world wake up. "
...get over it. learn to speak English so you can read the want ads and find a job. people are begging for workers. on my drive to work i see at least 5 signs for "help wanted" . people want to sign a paper to get money and then say it is someones fault that i didn't know what i was doing cause i no understandy... "
...get over it. learn to speak English so you can read the want ads and find a job. people are begging for workers. on my drive to work i see at least 5 signs for "help wanted" . people want to sign a paper to get money and then say it is someones fault that i didn't know what i was doing cause i no understandy... "
gringo wrote on Aug 18, 2008 12:39 PM:
" The laws are written by lawyers and interpretted by lawyers. Laws are always written for the benefit of one party as opposed to another party. For the top lawyer of the county to be dismayed at what is happening to one segment of society is disingenuous at best. "
TA wrote on Aug 18, 2008 1:25 PM:
" These places are bad news.
I owed one of them a couple hundred bucks on a loan and they called me at the funeral home when my grandmother died.
I could not believe thier nerve. "
I owed one of them a couple hundred bucks on a loan and they called me at the funeral home when my grandmother died.
I could not believe thier nerve. "
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gringo wrote on Aug 17, 2008 10:24 AM:
Is the lawyer implying that the agents at these loan companies are not bilingual?
All things being equal, 40 percent of these agents should be Hispanic. Verdad? "