Archive for February, 2012

"Bart Naylor" "Financial policy"If bankers are as smart as they are well paid, why don’t their overdraft fees work? Why don’t the fees discourage overdrafts? Why did these fees swell 17% in the last six years? Some observers figure consumers pay $30 billion in these fees. Could it be (cynicism alert!) that banks view these “penalties” as a lucrative source of revenue? Consider that the entire banking industry earned $119 billion in 2011 from all sources, sharpening the importance of overdraft fees.

Whether overdrafts derive from bad money management by customers, or calculated targeting by an industry with proven skills in this area, the new Consumer Financial Protection Bureau (CFPB) aims to shed light. “Overdraft practices have the capacity to inflict serious economic harm on the people who can least afford it,” explains CFPB Director Richard Cordray. “We want to learn how consumers are affected, and how well they are able to anticipate and avoid paying penalty fees.”

In a conversation with Public Citizen February 28, CFPB official Corey Stone outlined the study he’ll help conduct. The assistant director explained that the agency will dive deeply into statistics to clarify a number of problems currently understood only by sampling or localized analysis.

In addition, the CFPB has invited public comments on bank overdraft policies. (Comments are due April 30.) They have asked the public to weigh in on how prevalent transaction stacking really is? That’s where a bank reorders a month’s transactions from largest to smallest, as opposed to the chronological order in which the consumer writes checks or uses a check debit cards. When that happens, sometimes customers suffer penalties early in the month even when they haven’t actually overdrawn their account. That’s one reason a customer might end up with a proverbial $40 cup of coffee: $2 goes to the coffee shop, and $38 to the bank in overdraft fees.

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The U.S. House of Representatives refuses to let up on its quixotic mission to destroy public safeguards. Its latest incarnation is H.R. 4078, the “Regulatory Freeze for Jobs Act of 2012,” a misguided bill that seeks to halt regulatory protections until the unemployment rate is equal or less than six percent.

photo by Derek Keats vis flickr

It was the topic of the hour at a hearing of the House Judiciary Committee’s Subcommittee on Courts, Commercial and Administrative Law, featuring two professors associated with the Hoover Institute, Allan Meltzler and John Taylor, who were there to bolster a weak argument that by “freezing” regulations, somehow all of our country’s jobs problems would magically disappear.

Fortunately, Public Citizen President Rob Weissman was there to speak on behalf of reality.

Weissman, who also serves as co-chair of the Coalition for Sensible Safeguards,  reminded the subcommittee it was regulatory failures that helped create the current jobs crisis. He said a freeze on public protections not only would fail to create jobs, but would place the economy in serious jeopardy, particularly if newly created financial regulations were weakened or blocked. A little more on that in minute.

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"Public Citizen Lady Liberty"This Week in the Halls of Power has already been a busy one for us here at Public Citizen! But what’s new, right? By now you’re probably aware that a good public interest watchdog never sleeps!

Something else that never sleeps? Money. Yes, there’s some truth to that iconic Gordon Gekko line! And, we’ve seen it manifest in the watered-down House version of the Stop Trading on Congressional Knowledge (STOCK) Act. (See this piece by Public Citizen President Robert Weissman for details). Yesterday, we delivered a message from more than 46,000 people to U.S. Sen. Harry Reid (D- Nev.) and House Speaker John Boehner (R-Ohio) calling for a stronger STOCK Act, a piece of legislation we have long fought for. In its original Senate version, the STOCK Act would stop congressional insider trading. However, in the House form of the bill that Rep. Eric Cantor (R-Va.) pushed for, a key provision calling for political intelligence consultants to register as lobbyists was stripped. out This will not do! By the overwhelming response we got on our petition drive, we saw that clearly, citizens want a strong STOCK Act.

People also want commonsense health, safety and environmental safeguards. Just think Wall Street, BP and Massey Energy . . . got regs? Yes, regulations, those so-called “job killers” that aren’t actually job killers. It’s time to put an end to the war on commonsense safeguards. Yesterday, Public Citizen President Robert Weissman testified before the House Committee of the Judiciary Subcommittee on Courts, Commercial and Administrative Law regarding a horrible bill, H.R. 4078, which would put a moratorium on new regulations for the next five years. Check out his written testimony and more information about several other outrageous bills at www.sensiblesafeguards.org, a large coalition that we lead with OMB Watch.

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"Public Citizen Money and Democracy"Stunning Statistics of the Week

$100 million: The amount billionaire casino owner Sheldon Adelson said he may give to support Newt Gingrich’s presidential bid, or another candidate
$11 million: The amount he and his wife already have given to support Gingrich
$25 billion: Adelson’s net worth
0.044 percent – The percentage of Adelson’s fortune that $11 million represents

SEC commissioner calls for disclosure of corporate political spending
The Securities and Exchange Commission (SEC) is now receptive to Public Citizen’s call to require publicly traded companies to disclose their political spending. At a Friday conference, “SEC Speaks,” Securities and Exchange Commissioner Luis Aguilar loudly championed the key reform of political spending disclosure, saying that “investors are not receiving adequate disclosure, and as the investor’s advocate, the commission should act swiftly to rectify the situation.”

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The Securities and Exchange Commission (SEC) is getting with the times and is now receptive to Public Citizen’s push to require publicly traded companies to disclose their political spending. At today’s conference, “SEC Speaks,” Securities "Lisa Gilbert"and Exchange Commissioner Luis Aguilar loudly championed the key reform of political spending disclosure, saying that “investors are not receiving adequate disclosure, and as the investor’s advocate, the commission should act swiftly to rectify the situation.”

Aguilar’s message is pitch-perfect.

Corporations generate massive profits, in part because of investments by their shareholders. And corporations’ new license to spend – a gift in the form of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission – could have real consequences to investors.

The idea that U.S. corporations can make unlimited political expenditures without giving its shareholders any knowledge of the spending is both anti-democratic and bad for the market.

Justice Anthony Kennedy’s opinion in Citizens United incorrectly assumed that comprehensive disclosure requirements were already on the books. For publicly traded companies, the SEC can and should close this gap.

Lisa Gilbert is the deputy director of Public Citizen’s Congress Watch division. Follow her @Lisa_PubCitizen and @CorporateReform for the latest on issues like this!

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