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Barney Frank Proposes Weaker Consumer Protection Agency

Posted by: Jane Sasseen on September 23

The debate over the Administration’s proposed new agency to protect consumers from predatory lending continues to heat up.

Rep. Barney Frank (D-Mass) who is working on the bill that would create the agency in his role as the head of the House Financial Services Committee, has sent a memo to other Democrats on his committee proposing changes that would weaken the agency somewhat from what the Administration proposed originally.

Among the changes, he would drop the requirement that all financial services providers offer a simple, “plain-vanilla” product offering in whatever category they operate in; for mortgage brokers, for example, that means anyone offering a mortgage would be required to have a simple 30 year fixed mortgage in their product line up.

He would also drop language requiring providers to adhere to a “reasonableness” standard in offering products; in other words, financial institutions would have been required to asses whether there products were clearly understandable to consumers. That language was seen as too vague and would leave providers open to legal challenges.

The Administration is willing to go along. In an appearance Sept. 23 before Frank’s committee, Treasury Secretary Timothy Geithner acknowledged some of the criticism of the Administration’s proposals and called Frank’s proposed changes, “a pragmatic helpful way to make sure you have the choice for protection.”

“There are lots of different ways to make sure that you don’t create too much unbridled authority that would be damaging to what’s an important part of our financial system,” Geithner said, according to the Associated Press.

Frank is also seeking to clarify just who would be regulated by the new agency, to address complaints by the US Chamber of Commerce that every small business that provides credit to its customers, or the service providers such as CPAs or advertisers who work for them, would be regulated by the new agency. Administration sources from economics chief Larry Summers on down have dismissed those criticisms as nothing more than “scare tactics” but they have nonetheless been effective. In an effort to eliminate that confusion and take it off the table as an issue, Frank will propose language that clarifies that many such businesses will not be included in the new agency’s mandate. Only bona fide providers of consumer finance offerings will be included.

In proposing the changes, Frank is “bowing to political reality” says Howard Glaser, a former top lobbyist for the Mortgage Bankers Association who now runs his own firm. In a note to clients, he points out that the Administration’s proposal was running into trouble with conservative Blue Dog Democrats.

They appear to have raised many of the concerns that have been voiced by the financial services industry and its allies at the US Chamber of Commerce, who have been lobbying heavily against the plan for the last couple of months. They argue that the proposed agency would cut back on the availability of credit, discourage innovation, and tie up many banks and small businesses in a new web of regulation. The Chamber and the community bankers have been taking the lead in fighting off the Administration’s proposal, since small business folk and local bankers who serve them win far more sympathy than do big banks and mortgage brokers at the moment.

Not that Frank’s moves are likely to slow them down. Even amidst news reports this AM that Frank was pulling back on the proposal, the Chamber announced a press conference for tomorrow morning once again criticizing the agency and how it would hurt small business.

Reader Comments

Snoz

September 24, 2009 04:24 AM

Has Big Government Agency protected the American consumer? Look no further than the SEC, FDIC, and Federal Reserve. Under the protection and sentry of the SEC, investors loss billions of dollars to Ponzi schemes of Madoff and Sanford; to scams and frauds of Enron's Ken Lay, of Worldcom's Bernie Ebber, of Adelphi's Rigas, of Tyco's Kozlowski, of Qwest's Nacchio, of Equity Funding's Robert Vesco, etc, etc, the long list goes on. Under the scrutiny and supervision of the FDIC and former FSLIC, financial institutions gambled away trillions of dollars requiring bailouts from American taxpayers to halt another financial crisis. In the '70s FSLIC died when it became insolvent as the saving and loan scams proved too costly and the American taxpayer ultimately became the insurer. Today, FDIC is insolvent but for Congress appropriating another hundred billion of dollars on top of previous appropriations. As for the EPA enforcement of the Clean Air, Clean Land, and Clean Water Act, there are more egregious pollution violators today than the past. Finally, the Big Bankers in the Federal Reserve's have manipulated the money supply to serve their greed at the expense of the American economy. Example: The Federal Reserve has given free money to the Big Bankers who in turn receive interest on their deposit with the Federal Reserve. To this day, the Federal Reserve does not want an audit that would identify the recipient of the trillions of TARP and Open-Teller-Window money. On top of all of the above incompetent agencies, Freddi and Fannie allowed certain mortgage brokers/lenders to loot the taxpayer similar to the FCC looking away as the wireless tele-com rip-off consumers. Big Government has created a false sense of security and a moral hazard. More often than not, regulators are fornicating with their business counterpart. To paraphrase a question from a former American president, “Are you better off today with more government?” The American people needs Barney Frank's solution of more government like they need another trillion dollar rip-off from Wall Street. What America need is the dismantling of inept agencies such as the SEC, Federal Reserve, FDIC, and the EPA.

Tom Degan

September 24, 2009 06:43 AM

Sit, Blue Dog, sit! Good, Blue Dog! Nice, Blue Dog! Now be a good little doggy and lie down and play dead! On second thought, lie down and stay dead! GOOD boy!

What gives here anyway? I grew up believing that the Democratic party was the "party of the people"! I was reminded of this again last weekend when I made a little pilgrimage to the FDR Library in Hyde Park, NY. President Roosevelt ushered regular people like you and I into the twentieth century. He brought electricity to the rural south! The middle class that we all now take for granted - which hadn't even existed prior to the New Deal - is now in serious danger of vanishing. Look around you. The signs - ominous and disturbing - are all there. The entire reason for the existence of the Loony Right Wing since 1964 has been to roll back the advantages gained by the New Deal and the civil rights movement. Do you think I'm being an alarmist? Fine. Just keep sending these Right Wing extremists and these Blue Dog Democrats to Washington and see what happens.

The Democrats are not going to distinguish their party by trying to sell themselves as Republican Lite. They're not going to turn America around by foolishly preserving the policies of the last thirty years. They need to educate their constituency by showing them the folly of their abhorrence of things "Left" and "Liberal". Three-quarters-of-a-century ago, American democracy was saved by a government that was decidedly left-of center in all but a few areas. It can happen again. But it's only going to happen if WEEDA PEEPOLE refuse to turn right at the next crossroad. It is only down the road.

http://www.tomdegan.blogspot.com

Tom Degan
Goshen, NY

Why bother?

September 24, 2009 08:45 AM

Americans do not need another immortal Federal bureaucracy that is not needed and overlaps with other government agencies. The latest mortgage fiasco, Madoff fraud and other problems could have been prevented if EXISTING Congress and government regulatory agencies did their job properly. The proposed Consumer Protection Agency is just more political posturing by an opportunistic Obama administration.

Richard

September 27, 2009 05:54 AM

With the regulations put in place during FDR we had NO major banking/finance problems for Decades!
It was only with the cowboy yeh-hah Reagan days that this was loosened up, and sure enough we had major problems in a few years. Then it got worse under Bush and the Neo-Con's, although the Clinton administration could have done better too.

Regulation should be efficent, as simple and straight forward as possible. Maybe existing agencies can handle it, but certainly someone needs to put some brakes on finance.

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Washington Bureau Chief Jane Sasseen and other BusinessWeek writers peel back the curtain on the economy, business and money matters at the White House, Congress, and federal agencies.

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