Plain Language Matters
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President Barack Obama holds up a proposed mortgage application form as he speaks at the James Lee Community Center in Falls Church, Va., Wednesday, Feb. 1, 2012. (Credit: AP Photo/Cliff Owen)
If you’ve ever bought a house, you probably remember the pages and pages of documents you signed. You probably wished they could be clearer and make more sense.
The Consumer Financial Protection Bureau (CFPB) thinks these forms can be clearer, too. They’ve been working on a new standard for mortgage disclosures — those forms that summarize the costs of a home loan.
The CFPB project, Know Before You Owe, has collected input from thousands of people in both in-person usability testing and through online comments collected on their web site.
In a story on CBS News, we found a photo of President Obama holding a version of the proposed form. Here’s what CBS News reported about the President’s comments:
“The president recalled his and First Lady Michelle Obama’s experience buying their first home together – a process he described, humorously, as so complicated that the two of them would end up looking through the forms and asking “what does this phrase mean?”
“And that’s, you know, for two trained lawyers,” he laughed.
He held up a one-page mock-up of what he wants such forms to look like in the future, and pointed to the Consumer Finance Protection Bureau (CFPB) as a means to achieving that end. …
The goal, he said, was to make things “simple, not complicated,” to protect consumers from getting “cheated.”
“Terms are clear. Fees are transparent,” he said.”
That’s plain language at work!
Obama unveils mortgage refinancing plan by Lucy Madison, CBS News Political Hotsheet, February 1, 2012
Braley Tackles Regulations
When the Plain Writing Act of 2010 was passed, regulations were not included as part of the Act. That is, the federal government now has to write information that explain benefits and services in plain language, but regulations were omitted. But Rep. Bruce Braley (D-Iowa), who sponsored the PWA, is back at it. He has introduced Plain Regulations Act (H.R. 3786), to require that regulations be written in plain language.
Why is this another important law?
Small businesses, in particular, waste millions of dollars hiring attorneys or trying to figure out themselves how to comply with regulations they don’t understand. Such overly complex and incomprehensible rules add to an inability to comply.
Braley wants to change that. As he says:
“Whether you like or loathe government regulations, I think everyone can agree that when ne exists it should be written as clearly as possible. Sadly, gobbledygook dominates the regulations issued by government agencies, making it almost impossible for small businesses to understand the rules of the road.
“The Plain Regulations Act would simplify rules, saving small businesses time and freeing up money that can be better used investing in growing the business and creating jobs.
“Simplifying regulations won’t eliminate the costs of compliance, but it will reduce them. And it’s an easy way to save small businesses money that can quickly attract bipartisan support.”
If you’re not convinced, imagine figuring out what this regulation from the construction industry means:
“On or after July 6, 2010, all renovations must be performed in accordance with the work practice standards in §745.85 and the associated recordkeeping requirements in §745.86(b)(1) and (b)(6) in target housing or child-occupied facilities, unless the renovation qualifies for the exception identified in §745.82(a)” with the sub-exception that “emergency renovations are not exempt from the cleaning requirements of §745.85(a)(5), which must be performed by certified renovators or individuals trained in accordance with §745.90(b)(2), the cleaning verification requirements of §745.85(b), which must be performed by certified renovators, and the recordkeeping requirements of §745.86(b)(6) and (b)(7).”
That gave me a headache.
Watch for opportunities to comment on the new bill. Be ready to write/phone/email your Congress people. Share this news with all small businesses. And let Rep. Braley know you appreciate all his efforts on our behalf.
Bruce Braley and Cass Sunstein explain the Plain Regulations Act
Bill takes federal plain language requirements a step further
Bruce Braley, author of the Plain Regulations Act explains why it matters to all of us. Cass Sunstein talks about the complexity of regulations. (more…)
Boiling down the blah-blah-blah
To all those who still think plain language = low-literacy: have you taken a look at your mobile phone contract lately? Or your cable agreement? Chances are, you’re paying more than you think.
This month’s SmartMoney Magazine catalogs a horrifying array of contracts, product waivers and legal disclosures with language that has likely bamboozled each and every one of us at some point.
From 100+ page checking account contracts to unexpected fees in everything from airline tickets to gift cards, this lack of clarity is costing us, big time. Experts estimate that hidden disclosures cost each American household more than $2,000 a year.
Fed up yet?
The Power of Words
The power of words to change how people hear a message. Change your words. Change your world.
This short film is from a web content agency in the UK. See the video on YouTube for credits.
Clarity 2012 Conference: May 21 – 23
Co-hosted by Clarity with the Center for Plain Language and Scribes — The American Society of Legal Writers
National Press Club in Washington DC
As a champion of plain language, here’s why you should attend Clarity 2012:
- The Speakers: A packed agenda of world-wide experts, including Congressman Bruce Braley, the Honorable Lee Rosenthal, Eamonn Moran (Hong Kong), Dr. Neil James (Australia), Susan Kleimann, Prof. Joe Kimble, Bryan Garner, Amy Friend, Dr. Annetta Cheek, Candice Burt (South Africa) and Christopher Balmford (Australia).
- The Program: Sessions include exciting master classes on language and structure, insights into new research, and best practices for juries, ballots, criminal law, mobile sites and more.
- The ClearMark Awards Banquet: The Center for Plain Language presents our annual ClearMark awards on May 22, celebrating some of the best documents in the U.S., and poking gentle fun at some of the worst.
- The Clarity Band: The Clarity Band will perform after the dinner. If the dancing at the Clarity conference in Lisbon, Portugal is anything to go by, then the Clarity Band alone is reason enough to attend the conference.
- Early bird discount — conference fee
The conference fees (in US$) are:-
$450 for government employees and members of Clarity, the Center, or Scribes ($400 if you book before March 1)
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$500 for general public ($450 if you book before March 1)
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Send us your plain language victories!
Your clear communication could win a ClearMark award.
We know it’s not always easy to institutionalize plain language – navigating multiple contributors, priorities and layers of approval is a challenge. That’s why we want to hear about your plain language successes.
Have a publication, form, website or policy document you created using plain language principles? Nominate it for a ClearMark award!
Send us your plain language victories, and let us know about the positive impact of your work: improved response rate? lower costs? better compliance? reduced questions into your call center?
Let your clear communication be a model for other organizations!
Submit a ClearMark Award here. Nominations are open until March 3.
Minnesota Moves Forward with Plain Language
I’ve always thought of Minnesota as a progressive, citizen-centered state. The following example of the successful use of plain language proves my point.
Hennepin County, Minnesota, has just completed a three-year pilot program in which they tested short forms for recipients or those who are eligible to apply for certain types of benefits. The outcomes were so encouraging, they will now roll out the new forms for statewide use.
Rep. Diane Loeffler, DFL-Minneapolis, sponsored a bill to implement a pilot program to test if they could make it easier for people to apply to receive Supplemental Security Income payments. They tested 200 people who filled out the original application against 200 using the new form.
The results indicated that although the return rate didn’t change, the short forms
- were more convenient
- took an average of 5 to 10 fewer minutes to process
- cost $.65 less to mail down from $1.26 per unit.
Ironically, because we are so “trained” to expect lengthy, unintelligible government forms, some people were afraid that filling out the short form might mean they would lose of their benefits. (Pavlov would have something to say about that.)
One reason this “experiment” was so successful is the effect it had on the people who have to fill out these forms, many of whom are nearing the end of their life, or facing debilitating illnesses, or suffering with severe disabilities. Government communication should not add to their pain and suffering.
The least government can do is make it easy for us to secure benefits we are entitled to.
Plain language protects consumers
A recent review of land leases underscores the way language can obscure rather than clarify: in a review of 11,000 land leases from gas and oil companies, the New York Times found the majority had terms decidedly unfavorable to landowners.
Many leases granted companies broad permission to clear trees and build roads, while holding them harmless for damage repair. Incredibly, a majority of leases also permitted extensions without landowner approval.
So why do people sign documents with such unfavorable terms? Because they don’t understand them.
Just as with credit agreements and mortgages, people often sign documents based on what they hear from the marketing team, versus what’s actually in the contract.
While it’s our job as consumers to read the fine print, companies shouldn’t be able to bury unfavorable terms in jargon and legalese designed to trick consumers into signing documents not in their best interest.
With any luck, plain language reform will soon extend to lease agreements, too.
Learning Too Late of the Perils in Gas Well Leases
By IAN URBINA and JO CRAVEN McGINTY
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Request for experiences with private student loans
Posted on January 13, 2012
The Consumer Financial Protection Bureau (CFPB) wants public input about your experience with private student loans, by January 17, 2012. (more…)
Posted in Finance, Opportunities for Public Comment | Tagged CFPB, Consumer Financial Protection Bureau, student loans | Comments Off