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NACHA Request for Comment and Request for Information—ACH Network Risk and Enforcement Topics, Rule Proposal Description, at 6-7 (proposing amendments in response to lack of compliance with requirement to label reinitiated transactions) (“NACHA has reason to believe that some high-risk Originators may ignore or attempt to evade the requirements of the Reinitiation Rule, including by changing content in various fields to make an Entry appear to be a new Entry, rather than a reinitiation.
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Many of the products that would be covered by the proposed rule have a total cost of credit that far exceed 36 percent, and lenders making these loans would presumably not cut the price of the loans so dramatically, or make other changes to the structure of the loan that would affect the total cost of credit, to make them non-covered loans.
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