A few months ago, I asked Simon Johnson, the former International Monetary Fund economist, now a prominent critic of the banking industry, what he thought the banks owed the country after all the government bailouts.
“They can’t pay what they owe!” he began angrily. Then he paused, collected his thoughts and started over: “Tim Geithner saved them on terms extremely favorable to the banks. They should support all of his proposed reforms.”
Mr. Johnson continued, “What gets me is that the banks have continued to oppose consumer protection. How can they be opposed to consumer protection as defined by a man who is the most favorable Treasury secretary they have had in a generation? If he has decided that this is what they need, what moral right do they have to oppose it? It is unconscionable.”
I couldn’t have said it better myself.
Starting on Wednesday, the House Financial Services Committee will take up a number of reforms proposed by the Obama administration, hoping to push them through the committee so they can be voted on the House floor as part of a larger financial reform package. Among the proposals the committee will tackle is, yes, the establishment of a new consumer financial protection agency.
The administration’s outline for this new agency — which would regulate mortgages, credit cards, debit cards, installment loans and any other product issued by a financial institution — was sent up to Capitol Hill in July. Since then, the committee chairman, Barney Frank, has made a number of substantial changes, none of which, I have to say, have strengthened the proposed legislation. He stripped the bill of the much-promoted “plain vanilla” provision, which would have forced, say, mortgage brokers to offer customers a 30-year fixed mortgage alongside any exotic option A.R.M. mortgage they wanted to push.
He has changed the nature of an oversight panel, so that it would consist of the top bank regulators — the very same regulators who did such a miserable job looking out for consumers during the housing bubble. He has tinkered with the way the agency will be financed, making it less onerous for the banking industry and more onerous for nonbank financial institutions that will come under the agency’s purview.
Saddest of all — at least from where I’m sitting — he abandoned the so-called reasonableness standard, which would have forced bankers to make sure their customers both understood the products they were buying and could afford them. Mr. Frank has said that such a provision would put bankers in an “untenable position.” Yet that is precisely what brokers are required to do when they sell a stock or a bond to their customers. Why shouldn’t the same standard apply to a banker making a mortgage loan?
Part of the reason Mr. Frank made those changes is that he needs the support of conservative Democrats if he hopes to turn this bill into law. But it is also because he felt a need to mollify, at least to some extent, the bank lobby, especially the community bankers who populate every Congressional district in the country. Indeed, in a recent missive to its members, the American Bankers Association trumpeted its success in helping make the bill more palatable to the banking industry.
Yet even now, despite its success in reining in the proposed agency, the banking industry is still lobbying fiercely against it. Edward L. Yingling, the president of A.B.A., borrowed a line from “Casablanca” to describe the impulse behind the proposed consumer agency. “They’re rounding up the usual suspects,” he complained to me the other day. “We’re the usual suspects.”
Not long ago, the A.B.A. sent an “action alert” to its member banks, pleading with them to call their congressman in a last-ditch effort to stop the bill. (“Passing more laws that will overly complicate and restrict the products our customers need is detrimental to our banks,” the note read in part.) And even if the bill does pass, the industry is hoping to pervert its purpose, so that it will become a means to stifle competition from nonbank financial institutions.
To which one can only ask: Have they no shame?
“There needs to be more focus on consumers,” Mr. Yingling insisted. “We agree with that.”
Whenever you talk to bankers or their lobbyists about the proposed agency, you hear some variation of what I’ve come to think of as the party line. It’s not that they’re against consumer protection, they say. (Heaven forbid!) Rather, they say, this new agency — larded as it will surely be with thousands of newly deputized bureaucrats, each one eager to impose burdensome new regulations — is simply not the way to go about it.
The
current bank
regulators, they
point out correctly,
already have
consumer protection
as part of their
portfolios. “All
they need to do is
enforce the
regulations already
on the books,” one
top banker told me
recently. (Like all
top bankers these
days, he would speak
only anonymously,
fearing the wrath of
the Treasury.)
What’s more — and
this is the part
that is really
unbelievable — they
insist that bankers
weren’t the cause of
the financial
crisis. The entities
that were peddling
all those awful
subprime mortgages
were the nonbanks —
the mortgage
originators and
mortgage brokers —
who were almost
entirely
unregulated. “We
have no objection to
them regulating the
nonregulated firms,”
said Camden R. Fine,
the president of the
Independent
Community Bankers of
America.
Well, of course, he
doesn’t. If the
bankers can persuade
Congress to change
this agency’s
mission so that it
only regulates the
nonbanks — something
they are trying to
do, and which Mr.
Frank insists will
not be successful —
they will have
succeeded in putting
sand in the engine
of their nonbank
competitors.
In fact, nonbank
financial
institutions do need
to be regulated;
they weren’t exactly
the good guys during
the housing bubble.
But neither were the
bankers, something
they’ve conveniently
forgotten.
Who do you think was
creating all those
subprime mortgages
that the brokers and
originators were
peddling? The banks,
that’s who. I’ve had
mortgage brokers
tell me how bank
salespeople put
enormous pressure on
them to ratchet up
their sales of, say,
option A.R.M.,
no-doc mortgages
—mortgages the banks
were offering,
through the brokers
— so they could make
the loans and then
bundle them to Wall
Street for a hefty
fee. Bankers were
every bit as
complicit in pushing
mortgages on
customers who lacked
the means to pay
them back.
Even now, banks are
engaged in practices
that are, at best,
dubious, and at
worst deceptive. How
about, for instance,
those rapacious
debit card overdraft
fees? My colleagues
Ron Lieber and
Andrew Martin have
pointed out in
recent articles that
a decade ago, such
fees barely existed;
instead, the card
was routinely
rejected when a
consumer tried to
make a purchase with
an empty bank
account. Now,
whether customers
want overdraft
protection or not,
most banks cover the
purchase and charge
an absurdly high fee
for the “privilege.”
No one can doubt
that these fees hurt
the very people who
can least afford to
pay them. (If you
have college-age
children, as I do,
you know this
firsthand.) But none
of the regulators
who are now supposed
to be looking out
for consumers were
the least bit
concerned. Only
after the articles
exposing these
practices ran on the
front page of The
New York Times did
several banks agree
to abandon the fees
for small
overdrafts. But
should it really
require newspaper
exposés to get banks
to do the right
thing?
Alas, without a
consumer agency,
that is pretty much
what it takes. The
real reason current
regulators don’t pay
more attention to
consumer problems is
not that they are
evil (well, mostly
they’re not), but
that they have
another mission that
takes priority. They
are charged with
insuring the safety
and soundness of the
banking system. And
safety and soundness
means making sure
that banks have
enough capital — and
are compensating for
loan losses. When a
bank decides to
raise a customer’s
credit card interest
rate to 35 percent
to make up for
losses elsewhere in
the credit card
portfolio, that
believe it or not,
is a good thing from
the perspective of
safety and
soundness. Even
though it is a
terrible thing for
consumers.
Which is also
why the bankers’
line about having
their current
regulators look out
for consumers is so
bogus. At the
Federal Reserve,
consumers will never
come first; Alan
Greenspan had the
power to curb
abusive subprime
loans, but he just
wasn’t interested.
Nor is it any
different over at
the Office of the
Comptroller of the
Currency, the
nation’s other big
bank regulator. Not
long ago, John C.
Dugan, the
comptroller, gave a
speech in which he
said that the banks
had not been
responsible for the
financial crisis.
Regulators who take
their talking points
from the American
Bankers Association
don’t exactly
inspire confidence
that they’re looking
out for consumers.
A consumer
protection agency,
on the other hand,
wouldn’t have that
dual mission; its
sole goal would be
to try to keep bank
— and nonbank —
customers from being
gouged, deceived or
otherwise taken
advantage of.
Without question, it
would occasionally
come into conflict
with the safety and
soundness
regulators. But that
is why that
oversight panel
exists: to hash out
such conflicts.
There are those who
believe that Mr.
Frank’s changes have
essentially gutted
the bill. John
Taylor, the chief
executive of the
National Community
Reinvestment
Coalition, told me
that he now opposed
the bill because it
had been so watered
down.
But most others
still think it is a
strong bill. Michael
Calhoun, the
president of the
Center for
Responsible Lending,
called it “a
reasonably strong
bill,” despite the
changes. And
although I was
worried at first
when I saw
provisions like
plain vanilla and
the reasonableness
standard falling by
the wayside, I’m now
convinced that the
new agency, as
currently conceived,
can still do a lot
of good. It will
have the authority
to outlaw unfair
products, and to
force financial
institutions to
treat their
customers like,
well, customers —
and not lambs to be
slaughtered.
Who could possibly
be against that? Oh,
right. The bankers
are against it. And
just a few days ago,
The Wall Street
Journal editorial
page, that knee-jerk
defender of
corporate interests,
came out against it
as well.
That clinches it for
me. The sooner we
can pass the thing,
the better.