The Washington Post gets a nice scoop this morning on an actual good idea emanating from Washington: Setting up a consumer-focused regulator for everything from credit cards to mortgages.
The Post does a great job handling this story, pointing out that there’s going to be a battle to the death by bureaucracies defending their turf, but that they don’t have much reason to beef:
Responsibility for regulation of consumer financial products is currently distributed among a patchwork of federal agencies. Some of these regulators regard consumer protection as a low priority. And some financial products are not regulated at all.
This is wryly amusing:
The idea is likely to face significant opposition from industry groups, which argue that stricter regulation limits the availability of financial products to consumers.
Hey, if it limits the availability of 400 percent interest payday loans, option ARMs, and 36 percent credit cards, then more power to them.
The interesting thing about this proposal is that it shows the administration thinking big. This would be a landmark change in how regulation is conceptualized in this country, and it implies the pendulum is at least beginning to swing back from corporations to citizens. We have the Consumer Product Safety Commission (which Bush, of course, gutted), but people too often haven’t understood that financial products can be dangerous, too. That’s why the blame-the-borrowers argument has never made sense in the vast majority of cases. If you’re sold a Pinto whose poor design causes it to blow up, Ford is responsible for the damages even if you suspected it might be a crappy car.
This type of big thinking on consumers signals that the remake of the financial regulatory system in general will be sweeping, not just cosmetic. This will be good for journalism. As Audit Inspector General Dean Starkman has written repeatedly, regulation and good journalism often go hand in hand, and the crippling of oversight by the Bush administration (and to some extent the Clinton administration) had no small role in the failures of the business press during the runup to the crisis.
Bravo to the Post for giving some ink to Elizabeth Warren, the usually neglected and sometimes abused head of the Congressional Oversight Panel for the TARP and a prominent voice for the middle class:
The leading proponent of such a commission is Elizabeth Warren, a Harvard University law professor who now chairs the Congressional Oversight Panel for the government’s financial rescue initiative. Her plan is the kernel of the idea the White House is now considering, sources said.
Warren wrote in a 2007 article in the journal Democracy that the government had failed to protect American consumers in their relationships with financial companies.
“It is impossible to buy a toaster that has a one-in-five chance of bursting into flames and burning down your house. But it is possible to refinance an existing home with a mortgage that has the same one-in-five chance of putting the family out on the street,” Warren wrote. “Why are consumers safe when they purchase tangible consumer products with cash, but when they sign up for routine financial products like mortgages and credit cards they are left at the mercy of their creditors?”
We’ve been very critical of how the press has treated Warren, ignoring her because her views are too “liberal” or because she’s too much of an “advocate.” I’ve said that’s no excuse since she’s an official appointed by Congress and what she says by definition is news. Her apparent influence on Obama’s thinking on regulation proves that the press has been wrong to give her short shrift.
And speaking of the Consumer Product Safety Commission (which is being shorted so far by Obama, too, according to the LA Times’s David Lazarus):
Warren proposed creating a new commission modeled on the Consumer Product Safety Commission, which protects buyers of products such as bicycles and baby cribs.
I’ll be interested to see if we get any catchup stories on Warren.
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A true federal consumer protection panel is exactly what the American people need in this time of positive and productive change. The American people have been given the short end for much too long and a streamlined, responsive agency to advocate and resolve the financial problems facing so many individuals and famiies is a time that has clearly come.
As an example Is there a CONFLCT when arbitrators hear mandatory arbitration cases set up by financial institutions and those same arbitrators are beholden to those same financial institutions for future pay checks? Lets' be more specific: An individual who wants to open an investment account with for example Charles Schwab Corporation and the application requires 'mandatory arbitration'. Lets say hypothetically a broker commits fraud, negligence or breach of contract against an elderly client and the heir wishes to file a complaint. Mandatory arbitration is the only avenue for that complaint. The arbitrators determine the broker has wronged the estate but doesn't penalize the corporation and the heir has no appeal process. All because the application required mandatory abitration; how does that protect the individual? So the broker is publicly chastised, i.e., the claim against his record won't be expunged but the large financial corporation is not penalized financially for the wrongdoing and the heir (claimant) after paying incredible legal fees to fight the fight against Goliah is told to go home and stay silent.
This is only one example of how financial institutions are daily hurting the individual and or families with investment restrictions, mortgage hype, terminology in loan documentation that even an attorney can't interpret, and the list goes on and on. If current federal 'watchdog' consumer panels were doing a good job, the American people would not be living on the streets, in tents or grieving the lost of loved ones, knowing they were abused and misused by unethical financial advisors who are supposed to have a fiduciary duty to protect the citizen.
As a doctor and family therapist, as a real estate broker and as a strong advocate for the middle class and children who are deeply suffering, enough is enough. When will accountability be addressed by those policy makers making policy for the American people?
Dr. Jerri Curry
P.O. Box 667
Martinez, California 94553
(707) 297-0550
#1 Posted by Dr. Jerri Curry, CJR on Thu 21 May 2009 at 01:46 AM
I'd really like to know what good this Administration did for anybody losing their home when I'm a 64 year-old disabled veteran on a pension and nobody could or would (my bank wouldn't talk to me) help me save me from eviction. Can anyone still help me as as I await eviction? Thank you
#2 Posted by Rina Kelley, CJR on Fri 11 Sep 2009 at 04:51 PM