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The Business of Consumer Protection

10/26/10 Baltimore, Maryland –

Why, we begin today, are the editors of Time obsessed with troikas of bureaucratic saviors?

You’d think after The Committee became the butt of cocktail jokes during the Panic of ’08… they’d have shied away from anointing the “New Sheriffs.” Alas, there it was, this spring, in feminine form.

This time around, the joke is becoming apparent much faster: The “new sheriffs” are bought and paid for.

First, if you don’t mind, we’ll introduce them, left to right…

  • Elizabeth Warren, who’s organizing the new Consumer Financial Protection Bureau
  • Mary Schapiro, chairman of the SEC
  • Sheila Bair, chairman of the FDIC

Now… Let’s take a peek at how effective these new sheriffs are at laying down the law. In reverse order:

Bair’s FDIC is now so confident about the health of the banks that it’s canceling their scheduled increase in deposit insurance payments – you know, the money the banks pay to the fund that “insures” your deposits.

The fund is already $20.7 billion in the red.

“We are not even close to a point where our financial institutions are truly sound,” says Bruce Krasting, a former hedge fund manager who’s taken to the blogosphere. “[Bair] folded to the big banks on this one.”

And when Bank of America took over a failing Merrill Lynch in 2008? It didn’t bother informing its shareholders about the scope of Merrill’s considerable losses…or bonuses. Schapiro’s SEC sued BoA in August 2009…and settled the case the same day for the whopping sum of $33 million.

The judge overseeing the case took the extraordinary step of rejecting this sweetheart deal, saying it “does not comport with the most elementary notions of justice and morality.”

In the end, he reluctantly agreed to a $150 million fine several months later. Chock another up for the tamers of the Wild West!

What of Elizabeth Warren and her brainchild, the Consumer Financial Protection Bureau?

“The CFPB,” explains our stock market vigilante Dan Amoss, “is a new federal bureaucracy created when the president signed the Dodd/Frank bill into law three months ago.”

As a Harvard law professor, Warren pushed Congress hard to create the agency – much to the chagrin of the bankers. But since joining the administration six weeks ago, she’s met with the heads of the 14 biggest banks.

No more talk about “blood and teeth left on the floor” – her words to The Huffington Post last March. Now it’s all about the government and the banks working together for the common good.

“The thing that probably has surprised me most is how surprised they were by the conversation,” Warren said last week, reflecting on her recent meetings. “They were very glad to be invited, and they had some very thoughtful insights.”

Still, knowing what we know about the new sheriffs, should we be surprised? The CFPB’s funding comes from the Federal Reserve.

Still, a crusading Ivy League academic has to do something to create the illusion of looking out for the little guy. So where to hunt for crooks?

“Consumer finance companies,” Mr. Amoss says, will be the first target of Warren’s wrath, “including payday lenders and other lenders whose complex loans get their customers into a dangerous cycle of debt accumulation.”

Of course, consumer finance companies don’t fund the Fed, and they’re only slightly more popular than the operators of puppy mills. So they make an easy target.

“A business model,” intuits Dan, “that involves rolling customers from one loan to the next is going to be at the top of the CFPB’s target list.”

Addison Wiggin
for The Daily Reckoning

Author Image for Addison Wiggin

Addison Wiggin

Addison Wiggin is the executive publisher of Agora Financial, LLC, a fiercely independent economic forecasting and financial research firm. He’s the creator and editorial director of Agora Financial’s daily 5 Min. Forecast and editorial director of The Daily Reckoning. Wiggin is the founder of Agora Entertainment, executive producer and co-writer of I.O.U.S.A., which was nominated for the Grand Jury Prize at the 2008 Sundance Film Festival, the 2009 Critics Choice Award for Best Documentary Feature, and was also shortlisted for a 2009 Academy Award. He is the author of the companion book of the film I.O.U.S.A.and his second edition of The Demise of the Dollar… and Why it’s Even Better for Your Investments was just fully revised and updated. Wiggin is a three-time New York Times best-selling author whose work has been recognized by The New York Times Magazine, The Economist, Worth, The New York Times, The Washington Post as well as major network news programs. He also co-authored international bestsellers Financial Reckoning Day and Empire of Debt with Bill Bonner.

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3 Responses

  1. a devils advocate said

    Just great. More good news. It just keeps on coming. One drama, trauma after another. Day after day. Then of course there is the ever on going political campaigns. I’m already getting mails and calls about the 2012 election.

    on October 26, 2010.
  2. SpotBanks said

    Do we really need a government agency to step in here? What about the private sector controlling itself. We the people can take care of ourselves and begin to “turn the tables” by working with financial institutions in a collective forum of our own.

    on October 29, 2010.
  3. SpotBanks.com said

    We have already built this…

    on October 29, 2010.

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