Elizabeth Warren on why we need a consumer agency to protect borrowers

Federal TARP watchdog Elizabeth Warren is warning that the Republican proposal for a "consumer protection agency" is anti-family.

"I'm tired of hearing politicians claim to support families and, at the same time, vote with the big banks on the most important financial reform package in generations. I'm deep-down tired of it."
The current Senate bill, sponsored by Democrat Christopher Dodd, which would house the new consumer agency within the Federal Reserve,
adheres to Warren's four tests: a chief appointed by the president, an independent source of funding, the authority to write consumer rules and the ability to enforce them against unscrupulous lenders. The unit, thus, focuses squarely on consumers. Ensuring banks' profitability is left to banking regulators. The Republicans' counter-proposal, released this week, fails all four of Warren's tests.
Warren describes the Republican proposal as follows: ""The whole idea of the substitute is to take a bunch of regulators that already failed and throw them in a committee together."

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Would a king from the Middle Ages willingly swap lives with an average American?

Sometimes I try to imagine what it would be like to be a great and powerful king from the Middle Ages. I’m talking about kingly kings—those who would be deemed successful by other kings. If you were one of those top 25 percentile kings, just think of all the people waiting on you, and imagine all of your privileges, including your own court jester to entertain you, and lots of soldiers that you can use to expand or defend your territory. You would get to live in a beautiful big castle, and people from all around would seek your attention and bestow complements and gifts upon you and your family. Some of those visitors would come from far away and they would tell you stories from distant lands. If you got sick, the wisest doctor in the area would come to your service to give you the best health care available in the Middle Ages. Could there possibly be a better way to live than being a successful king? I then wonder how being a king would compare to living the life of an average American in modern times. Consider that the median household income for an American family in the year 2007 was about $50,000, and that this can buy you a lot of things. The average American has access to foods from all around the world by visiting the local grocery store. American families typically own automobiles that can go much faster and much farther than the horse of any king. The average American can use a television or computer to hear news from anywhere in the world. Using the Internet, the average American has a "library" thousands of times bigger than the library of any king. Americans don't have to imagine what it would be like to walk on the moon. They have photos and movies of people walking on the moon. They don't have to wonder what Mars looks like, because they have king-in-mini-cooperstunning photos. They don't have to wonder what stars actually are, or how big the universe is -- they have scientific answers to these questions and answers to many other questions that Kings wouldn't even know how to ask. The average American family has the option to stare at a large colorful television screen in their own home in order to be entertained by images and sounds that could not even be imagined by a king. When Americans get sick, they can go to hospitals that offer them stunningly effective cures for many maladies. The houses of average Americans are always kept warm in the winter and cool in the summer. A couple times each year, many Americans get to step into large silver machines that fly them to faraway places, traveling hundreds of miles per hour, where they capture incredible images with digital cameras. And then they share them with their Facebook kingdoms of hundreds of “friends.” You get the idea. Now let's assume that you could transport a Middle Ages king to modern times, and let him live the lifestyle of an average American for a few weeks. Here’s my opinion of what would happen: [more . . . ]

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For consumers, it’s not the free market. It’s the Wild West.

Bob Sullivan is quickly becoming one of my heroes, based upon my reading of his new book: Stop Getting Ripped off: Why Consumers Get Screwed and How You Can Always Get a Fair Deal (2009). Bob also offers a blog called the Red Tape Chronicles, where he reports on numerous consumer issues. It's well worth your while. I recently mentioned Bob's book on a post focused on America's profound case of Innumeracy. I'm a bit deeper into the book now, and I am highly impressed with Sullivan's ability to write clearly and persuasively with regard to consumer issues. I am also impressed with his ability to give an evenhanded account of many consumer issues. He doesn't deny that consumer greed has played a role in modern-day screwing of American consumers. On the other hand, consumer greed is only part of the story. The other big part of the story is that our federal agencies that we have had set up to serve as watchdogs for Americans, are doing a pathetic job. Consider the case of Bernie Madoff. The securities and exchange commission (SEC) was presented with overwhelming evidence that Madoff was running a Ponzi scheme way back in 1999. They did nothing about it. Sullivan as "if the SEC isn't hunting down folks such as Madoff, do you really think it's protecting you?"

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Elizabeth Warren faces fierce resistance to regulation of non-bank lenders

Elizabeth Warren is one of my heroes. Barack Obama appointed her to be Chair of the Congressional Oversight Panel created, which was established to oversee the banking bailouts. For many years, Warren has fought tough battles on behalf of consumers. [See the related posts to this post; and here's a video of Warren being interviewed by Jon Stewart that will give you an idea of what she is about (and especially consider Part II)]. Warren is now facing an incredibly tough uphill battle. Her main weapon is common sense. She wants to regulate banks and non-bank lenders, to stop them from defrauding consumers with their fine print, their outlandish fees and their arithmetical hocus-pocus. In a fair fight, her position should easily win the day. But it's not a fair fight, because the financial services industry owns much of Congress. Therefore, Warren has spent much time advocating for the need for a strong Consumer Financial Protection Agency (CFPA). Here's what Warren has to say about the need to regulate non-bank lenders:

There is more that we can do to deal with non-bank lenders, but only if Congress creates a strong CFPA. If we stick with the status quo -- which treats loans differently depending on who issues them and places consumer protection in agencies that consider it an afterthought - we know what will happen because we have seen it happen before. Lenders will continue their tricks and traps business model, the mega-banks will exploit regulatory loopholes, and the non-banks will continue to sell deceptive products. In that world, small banks will need to choose between lowering standards or losing market share, and they will still get too much attention from regulators while the non-banks and big banks get too little. Dangerous loans will destabilize both families and the economy, and we'll all remain at risk for the next trillion-dollar bailout. Regulating the non-banks hasn't been tried in any serious way. The CFPA offers a real chance to level the playing field, to add balance to the system, and to change the consumer lending landscape forever.

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Ubiquitous conspicuousity

At a park to weeks ago, a musician started singing “Somewhere Over the Rainbow.” I was talking with an acquaintance, who immediately pulled out his smart phone, clicked on a few buttons and brought up the movie “The Wizard of Oz” to play on his 1 ½” screen. He explained that he loved the movie and that he could watch it wherever he wanted. Impressive technology? Of course, but watching “The Wizard of Oz” (or any movie) is never such an important thing that I'd need to carry it in my pocket. Was my acquaintance really trying to tell me about his love of "The Wizard of Oz," or was he subconsciously trying to communicate something else to me?img_8221 For many years we’ve been trying to convince ourselves that electronics manufacturers were right that we HAD to have their gadgets, including 50" screen HD TVs. For decades, we’ve been convincing ourselves that electronic audio manufacturers were correct that we “needed” to plunk down $2,000 for high-end audio components with thick copper cables lest the sound degradation would piss us off too much to enjoy our music. But here we are in an age where small is cool, and we’re somehow able to enjoy full length movies on tiny lo-res phone and iPod screens. And people are somehow surviving with small low-res youtube videos. And consider that the music almost everyone is enjoying on their mp3 players is sampled at a noticeably lower rate than CD-quality. And consider that CD quality sample rates are severely degraded compared to live music. But somehow we’re now OK with far less than perfect because small and convenient and high tech are cool. I’m in the process of reading Geoffrey Miller’s riveting new book, Spent: Sex, Evolution and Consumer Behavior. We’ve all heard of conspicuous consumption (originally coined by Veblen). Miller refines and extends Veblen's concept, setting out the differences between conspicuous waste, conspicuous precision and conspicuous reputation as signaling principles. Cars exemplifying these three principles would be the Hummer (waste), Lexus (precision) and BMW (reputation). Conspicuous precision “can be achieved only through time, attention, and diligence, while conspicuous reputation (brand names) reflects a “vulnerability to social sanctions.” Most products exhibit each of these three forms of “signal reliability.” Other signaling principles including conspicuous rarity (exotic pets or pink diamonds) and conspicuous antiquity (ancient coins). I find it interesting how much we fool ourselves about how much we “need” products based on these qualities. We “needed” large high-quality electronic audio and visual players until it became a much more impressive display to have extremely small portable electronics. It turns out that our “need” for things isn’t ultimately about need for the product’s qualities. It’s about trying to impress others with our ability to differentiate and afford various types of products. A few years ago, I was looking at stunning images of a coral reef on the big new HD TV sets at Costco. I asked my wife whether we should think about “moving up” to a HD TV set. She asked me: “How often have you been watching a movie on our 25-year old TV set when it occurred to you that you weren’t enjoying the show because the screen was not huge or high definition? I answered truthfully: never. We still have our quarter-century old TV set and I’ve never again been tempted to “move up.” But I also admit that if I were trying to impress people today, I wouldn't be able to do it by showing off my TV. I wouldn’t be signaling that I can notice and afford fine engineering tolerances. I might show off my TV nonetheless, to signal my frugality, but my old TV wouldn’t be impressive to modern-day Americans, given that it is not (today) an expensive signal in any sense—I could buy a TV like mine very cheaply indeed at a garage sale. Miller's book is a powerful reminder that our "need" to buy SO many things is often not about the things themselves, but about the need to tell the world something about ourselves in order to increase our social status or to attract mates. Miller has a lot to say about the differences among the types of conspicuosity. For instance, Aristocrats eschew conspicuous waste. They tend to hone in on conspicuous precision and reputation. For more on Miller’s theory, see this book review at the NYT.

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