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Tag Archives: Consumer Financial Protection Agency

Financial Services Update – Issue 6

Senate Financial Regulatory Bill

On Friday, Senate Banking Committee Chairman Christopher Dodd indicated he would introduce a new financial regulation reform bill next week.  The markup for the bill would therefore likely occur during the week of March 1-5.  Dodd and Republican Senator Bob Corker, who announced last week that the pair would be working together on the bill, are spending this week together on a Congressional trip to South America.  While there is bipartisan agreement on major issues including resolution authority, consumer protection remains one of the largest areas unresolved.  The role of the Federal Reserve in the new financial regulatory scheme also remains a point of contention.  In a change from the bill he introduced in November, Dodd is now likely to propose creating a council of regulators to monitor emerging risks, which would be chaired by the Treasury Secretary.

Fed Raises Discount Rate

On Thursday, the Federal Reserve Board of Governors raised the discount rate (the rate charged to banks for direct loans) by a quarter-point to 0.75 percent, effective Friday, February 19, 2010. It was the first increase in the discount rate since June 2006.  The change was sooner than most analysts had predicted which  indicated to many investors that the Fed would tighten monetary policy in the near future.  Banks have generally been reducing their reliance on the discount rate over the past year.  As of February 17th, banks had borrowed $14.1 billion as opposed to a year ago when borrowing stood at $65.1 billion.

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Financial Services Update – Issue 2

Obama Unveils New Regulations on Investment Banks

On Thursday, President Barack Obama unveiled a new set of proposals aimed at cutting the size and risk-taking behavior of the nation’s largest banks. The proposed restrictions includes size and complexity limits specifically on proprietary trading. The restrictions have been long advocated by former Federal Reserve Chairman Paul Volcker who chairs the President’s outside economic advisory board and met with the President before the announcement Thursday. The proposal could have the biggest effect on Bank of America Corp., Wells Fargo & Co., and J.P. Morgan Chase & Co., Goldman Sachs, Morgan Stanley, and Citigroup Inc.

Democratic Congressional Leadership Responds

In response to the President’s proposed new regulations, House Financial Services Committee Chairman Barney Frank (D-MA) said Senate Banking Committee Chairman Christopher Dodd (D-CT) would incorporate the restrictions into the Senate’s financial regulatory reform bill and that he (Frank) would push for the measures in conference committee. Frank also said the new restrictions would have to be phased in over 3-5 years to avoid ‘fire sales’ of bank divisions.

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Financial Services Update – Issue 1

Obama Unveils Proposal on Bank Taxes

President Barack Obama unveiled a “Financial Crisis Responsibility Fee” yesterday, which, if approved by lawmakers, would go into effect June 30, 2010, and last at least 10 years. It would amount to 0.15% of total assets, minus high-quality capital such as common stock and disclosed and retained earnings. Insurance policy reserves and deposits covered by the Federal Deposit Insurance Corporation (FDIC) would not be taxed because such assets are already subject to federal fees. The tax would hit approximately 50 banks, insurance companies and large broker-dealers. Of those, approximately 35 would be U.S. companies, and 10 to 15 would be U.S. subsidiaries of foreign financial firms.

The tax is expected to raise $117 billion over 12 years, and $90 billion over the following 10 years. Approximately 60 percent of the revenue will come from the 10 largest financial firms. The White House plan excludes small banks and auto makers that accepted funds from the government’s Troubled Asset Relief Program. The banking industry strongly opposes the White House fee, calling it a political exercise that will stifle the economic recovery, force it to pay for the auto sector’s bailout, and ultimately burden consumers.

House Democrats Introduce 50% Tax on Bonuses

On Thursday, House Democratic lawmakers introduced a bill to slap a 50% tax on bonuses paid in 2010 by banks that took federal bailout funds. Rep. Peter Welch (D., Vt.) said the bonus tax proposal is “complementary” to the fee proposed by Mr. Obama.
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News Roundup — December 1, 2009 to December 22, 2009

Consumer Financial Protection Agency

On December 11, 2009, the U.S. House of Representatives approved sweeping new legislation to modernize America’s financial rules in response to the current recession. HR 4173, the Wall Street Reform and Consumer Protection Act, passed by a vote of 223 to 202 and includes a comprehensive set of reforms that addresses many of the problems that the nation faces today. Among the various actions facilitated by the bill, if signed into law, the Act would create the Consumer Financial Protection Agency and establish an orderly process for shutting down large, failing financial institutions that are deemed “too big to fail”.

Broox Peterson presents a short opinion piece on HR 4173. Whether the Senate version will survive intact is anyone’s guess. An article highlighting Sen. Christopher Dodd‘s (D-CT) sponsorship of the bill appeared on National Public Radio on November 10, 2009.

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News Roundup — October 26, 2009 to October 30, 2009

Gift Cards

The Consumer Federation of America issued a press release on October 27, 2009 in relation to a survey that demonstrates the depth of consumer misunderstanding when it comes to gift cards. According to the survey results, approximately 33% of a representative sample of slightly over 1,000 adult Americans know how much gift cards cost and only 54% are aware that “six to 12 months after purchase, some of these gift cards charge a monthly fee”. Here is related article in the Washington Post published on October 25, 2009 in relation to the rise of prepaid cards as opposed to traditional bank accounts and credit cards.

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News Roundup — October 19, 2009 to October 23, 2009

Consumer Financial Protection Agency

On October 20, 2009, the House Financial Services Committee voted to give the federal government the power to block states from regulating large national banks in some circumstances. The compromise offered by Rep. Melvin Watt (D-NC) and Dennis Moore (D-KS) and approved by voice vote, grants the office of the comptroller of the currency the power to override state action only if it found that the state law in question “significantly” interferes with federal regulatory policies.

On October 22, 2009, the House Financial Services Committee passed by a vote of 39-29 a bill that would create the Consumer Financial Protection Agency. A summary of the bill can be read here. Early returns on the outcome of the preliminary legislative battle have been revealed in preparation for the debate in the months ahead.

Anti-Money Laundering

Some investors defrauded by Bernard Madoff added KPMG, JP Morgan Chase and The Bank of New York Mellon Corporation as co-defendants to a civil lawsuit filed in New York State Supreme Court on October 20, 2009. Additional details (via a Reuters article filed with the New York Times) can be viewed here.

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News Roundup — October 12, 2009 to October 16, 2009

Prepaid Cards

The latest issue of Selling Prepaid E-Magazine is now online. One of the top feature articles in this month’s issue is a story on the National Branded Prepaid Card Association‘s response to FinCEN‘s request for public commentary on input from the prepaid card industry concerning the definition of the term “stored-value”.

According to an economic study released on October 15, 2009, consumers who opt-in regarding network branded prepaid card usage could pay as much as 70% less in fees compared to more traditional checking and debit card accounts, making prepaid cards a far more cost-effective and valuable financial tool for many.

Consumer Financial Protection Agency

Broox Peterson points out a few flaws in the current draft of the CFPA bill, HR 3126, that may have been fixed in the markup that took place during a House Financial Services Committee hearing on October 14, 2009.

Data Security

WIRED finally sheds light on a series of hacker attacks that occurred in 2005 and in 2006 on Wal-Mart.

The White House’s official blog offers this look at what Americans can do to protect their online presence.

Over on ZDNet Australia, Simon Sharwood reports how National Australia Bank is currently contemplating adding another layer of security in order to offer its customers added peace of mind.

In a move that has the potential to make it MUCH more difficult for retailers to defend themselves against civil data breach lawsuits, the judge overseeing the Hannaford data breach case has reversed himself, resulting in the involvement of the Maine Supreme Court.

Rep. Yvette Clarke (D-NY) has urged President Obama to quickly appoint a cybersecurity czar, citing concerns a wide array of online threats against the public and private sectors.

A massive click fraud ring has recently been discovered operating in China that involved 200,000 different IP addresses and racked up more than $3 million worth of fraudulent clicks across 2,000 advertisers in a two-week period. Although the ring has now dissipated (or more likely, been folded into another scam), the danger of such schemes remains.

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News Roundup — September 28, 2009 to October 7, 2009

Consumer Financial Protection Agency

On September 25, 2009, Rep. Barney Frank (D-Mass.) circulated a discussion draft of legislation to create the CFPA. In addition, a hearing of the full House Financial Services Committee was held on September 30, 2009 for the purpose of discussion of the proposed legislation.

The Brookings Institution released the transcript of Martin Neil Baily’s testimony before the Senate Committee on Banking, Housing and Urban Affairs on September 29, 2009. Mr. Baily was the chairman of the Council of Economic Advisers during the Clinton administration during the 1999 to 2001 term. In addition, he was one of three members of the council from 1994 to 1996. You can view his testimony here.

Mr. Baily’s testimony can be summarized as follows: (1) The best framework to guide current reform efforts is an objectivist approach that divides regulation up into micro-prudential, macro-prudential and conduct of business regulation; (2) the quality of regulation must be improved regardless of where it is done; (3) a single federal micro-prudential regulator should be created combining the regulatory and supervisory functions currently carried out at the Federal Reserve, the OCC, the OTS, the SEC and the FDIC; (4) the United States needs effective conduct of business regulation; and (5) the Federal Reserve should be the systemic risk monitor with some additional regulatory power to adjust lending standards.

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News Roundup — September 9, 2009 to September 18, 2009

Consumer Financial Protection Agency

John Pottow has an opinion piece regarding the proposed CFPA in the Detroit Free Press. He observes that the proposed agency would help small banks relative to big banks because of reduced fixed regulatory costs and would improve the market for simple financial products that are the strong suit of small banks.

Mr. Pottow is an internationally recognized expert in the field of bankruptcy and commercial law. He is a professor of law at the University of Michigan Law School where his area of expertise concentrates on the issues involved in regulation of cross-border insolvencies. In addition, he is a frequent commentator on national and international media outlets such as NPR, CNBC, CNN, C-SPAN and the BBC.

At Reuters, Felix Salmon has the full text of President Obama’s speech at Federal Hall, delivered in New York City on September 14, 2009. His analysis can be viewed here while the Republican rejoinder is here. Over at the Wall Street Journal, Michael Corkery posted a live blog of the proceedings which you can view here.

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News Roundup — August 6, 2009 to August 14, 2009

Recent Litigation

The August 2009 issue of Selling Prepaid E-Magazine is now online. Particularly noteworthy is a news capsule that mentions Bryan Cave LLP‘s successful representation of Green Dot Corp. in the matter of Every Penny Counts, Inc. v. American Express Company, et. al. (2008-1434).

Resolution was recently reached in an appeal for the U.S. Court of Appeals for the 8th Circuit in the matter of Deanthony Thomas et. al. v. U.S. Bank, National Association ND et. al. The court held that the Depository Institutions Deregulation and Monetary Control Act (DIDA), 12 USC @ Section 1831d does not preempt state law usury claims against a federally-insured state-chartered bank. Congress very clearly intended the preemptive scope of the DIDA to be limited to particular circumstances. The court reversed trial court and ordered the case to be remanded to state court for consideration under Missouri usury law.

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