Alpha Consumer

The Debate Over Obama's New Consumer Agency

By Kimberly Palmer

Posted: June 17, 2009

Today, President Obama announced his proposal for big changes to financial regulation, including a brand new organization, the Consumer Financial Protection Agency. It would be charged with protecting people from misleading or otherwise harmful financial products, including credit cards and mortgages.

Do Americans need such protection? It depends on who you ask. Critics point out that we already have a handful of agencies dedicated to doing just that; proponents say better organization will make such regulation more effective. The Federal Trade Commission, for example, looks out for misleading claims from "free credit report" advertisers, while the FBI typically investigates mortgage fraud.

The American Bankers Association was quick to announce its strong opposition to the creation of the new agency. "It makes little sense to create yet another massive regulatory agency. Bankers are also concerned that there is no clear path for the new agency to examine and enforce the extensive rules on thousands of non-bank providers who are the most likely to be hurting consumers," said ABA president Edward Yingling in a statement sent to reporters. He added his concern that the agency would have excessively broad power to "mandate business practices."

Meanwhile, consumer groups welcomed Obama's announcement. “Too often, captive federal banking regulators have treated consumer protection as less important or even in conflict with their supposed primary mission to ensure the safety and soundness of financial institutions,” says Ed Mierzwinski, consumer program director of U.S. PIRG. Since consumer protection would be the agency's primary goal, Mierzwinski says it would likely be more effective that the current system, where seven different agencies share that responsibility.

What do you think? Do you want a new Consumer Financial Protection Agency?

Work through existing agencies

I'm against creating new agencies. Let's work through existing agencies, whether that means redefining or adding responsibilities. It will be faster and cheaper than building something new from scratch. Think about how a business runs...if you don't like how the current accounting department works, you don't just go add a new department; you fix what's there.

Susan of CO @ Jun 23, 2009 11:59:29 AM

What role does FINRA play in this?

Obama's idea of a Consumer Financial Protection Agency sounds pretty similiar to the role of FINRA (Financial Industry Regulatory Authority), which is a non-governmental Self-Regulatory Organization. In my view, it would make more sense - fiscally and otherwise - to simply partially-subsidize FINRA and broaden there scope of authority. Allow them to regulate investment advisors, hedge funds, mortgages, and credit cards. Gov't already has the infrustructure in place with FINRA and at fraction of the cost. Make the industry (as it currently does) pay a portion of the operating costs and maybe have the gov't fill in the financial gaps. In my opinion, this would make things soooooooooooooooo much easier. Mary Schapiro was the FINRA Chief prior to be appointed SEC Chairman too. I'm not sure why this idea is not mentioned?

Jason of IL @ Jun 22, 2009 13:20:10 PM

Yes, of course

I want a new Consumer Financial Protection Agency. And I want it fully authorized to poke around not just at banks, but at hedge funds, at private equity companies and in every place where "dark money" trading originates. Right now, for instance, we ought to know what non-oil-user speculators are "playing" in the oil market and how they can be curbed. You think "consumers" aren't hurt paying $70 a barrel for oil when, except for traders, it ought to still be at $40?

This "consumer protection" stuff is not just about whether the fat content of your ground beef is properly disclosed on a package. It is about whether the wealth of your country is being sapped away in trading schemes that are opaque and under-taxed to boot.

Why a new agency? Because the old ones are either captured already by the corporations or they have a fuzzy mission and down-tier priorities---like, say getting all worked up over whether your ground beef is 75/25 or 85/15.

Muser of NM @ Jun 17, 2009 15:03:37 PM

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Alpha Consumer

Alpha Consumer

Kimberly Palmer, senior editor for U.S. News & World Report, writes about how to save money, avoid scams, manage debt, and be a savvy shopper. Send your personal finance questions to her for expert money advice.


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