consumer

Obama Threatens To Veto GOP Bill Aimed At Weakening Controversial New Agency

July 20, 2011

WASHINGTON — The White House on Wednesday threatened to veto a House Republican bill that would curb the powers of the new Consumer Financial Protection Bureau, reviving last year’s pitched partisan battle over President Barack Obama’s overhaul of the rules governing financial markets. The veto threat came a day before the House was to vote on the GOP legislation – a debate to be held on the very day that the bureau officially opens. The agency was created by the financial overhaul measure, which Obama signed into law a year ago Thursday as a response to the 2008 financial crisis. While the legislation is expected to clear the Republican-run House, it has little chance of even being considered by the Democratic-led Senate, making both the bill and the veto threat symbolic gestures. The bureau is supposed to protect consumers from abuses involving mortgages, credit cards and other financial instruments. It’s been embraced by Democrats but opposed by many Republicans who say it threatens to stifle financial companies. The GOP bill being debated this week would replace the bureau’s director with a five-member bipartisan commission. It would delay the planned transfer of powers to the bureau from other agencies until a Senate-confirmed chair of the commission was in place, and make it easier for other federal financial regulators to block the bureau from issuing regulations. The Republican measure “simply promotes greater accountability and transparency” at the bureau, House Financial Services Committee Chairman Spencer Bachus, R-Ala., said in a written statement. “The American people want accountability at every massive government bureaucracy.” In its written statement on the GOP legislation, the White House said the bill “would expose American consumers and the nation’s economy to the same risks that led to the 2008 financial crisis.” The statement said that Obama’s senior advisers would recommend that he veto the legislation and any other that poses similar threats. All 47 Republican senators have promised to block confirmation of anyone to head the bureau unless Obama agrees to change it, including replacing the director with a bipartisan commission. That would leave Senate Democrats seven votes short of the 60 votes they would need to confirm a director. Presidential adviser Elizabeth Warren, a Harvard law professor and longtime consumer activist, has led the administration’s start-up of the agency. Facing sharp GOP opposition to her becoming its director, Obama this week nominated Richard Cordray, the former Ohio attorney general who has been the bureau’s enforcement chief, to become director.

Read the full article →

Reagan Is Liberal Icon In Debt Debate

July 20, 2011

WASHINGTON — Democrats have a new icon these days: Ronald Reagan. That’s because, unlike many Republicans in the House, the fiscally conservative late president believed it was essential for the United States to make good on its all obligations and raise the debt ceiling. And Democrats across the spectrum on Wednesday have been holding the conservative hero up to Republicans as an example they should follow. “I find myself these days quoting Ronald Reagan,” said Sen. Barbara Boxer (D-Calif.) at a news conference Wednesday. “‘The full consequences of a default,’ he said, ‘or even the serious prospect of a default by the United States are impossible to predict and awesome to contemplate. Denigration of the full faith and credit of the United States would have substantial effects on the domestic financial markets and the value of the dollar in exchange markets. The nation can ill afford to allow such a result.’ “That’s Ronald Reagan,” Boxer emphasized, suggesting that Republicans recall that model. “All they have to do is look at their icon, Ronald Reagan, and understand you don’t play with fire when it comes to the full faith and credit of the United States of America.” She was far from alone. Members of the Congressional Progressive Caucus sent a letter to all the Republican members of the House to remind them of the Gipper’s feelings as expressed in a 1983 letter to then-Senate Majority Leader Howard Baker (R-Tenn.) — the same letter Boxer quoted. “President Reagan was a staunch conservative whose views sharply differ from Progressives’ in nearly every respect,” wrote the CPC members to Republicans. “Yet, Reagan understood that the American people have invested their trust in our ability to be wise stewards.” “We hope you will take President Reagan’s message to heart and put what’s best for America’s economy ahead of gaining a short-term political advantage,” they added. “Let’s not hold the jobs and economic security of the American people hostage to an agenda that will only cause long-term harm to our great nation.” Baker himself has come out in favor of lifting the nation’s spending cap before it is reached on Aug. 2. The Senate Democratic message shop took a sneakier approach, blasting out an e-mail headlined with a paraphrase of the famous Reaganism. “There they go again,” it said. “GOP Lawmakers ignoring Reagan, still downplay consequences of a default.” House Speaker John Boehner (R-Ohio) has said the debt ceiling must be raised, but he has also stuck to the postion of his caucus that it cannot be raised with out major cuts. His spokesmen did not immediately respond to a request for comment.

Read the full article →

Gang of Six Plan On Charitable Deductions Would Follow Debt Commission Guidelines

July 19, 2011

WASHINGTON — Part of the debt-reduction plan unveiled Tuesday by the Gang of Six would “reform, not eliminate tax expenditures” for charitable giving. The plan says nothing more about charitable tax deductions, which it lumps in with reforms in health, home ownership and retirement. Asked what “reform” meant, Senate Budget Committee spokesman Stu Nagurka emailed The Huffington Post, “I don’t have any information that I can share with you.” That being said, an executive summary of the proposal gives a hint at the approach to reform, saying it is “consistent with the recommendations of the Bowles-Simpson fiscal commission .” The document called for simplifying the tax code while increasing or maintaining fairness. Under the current system, taxpayers who donate to charities are eligible for a deduction based on their marginal tax rate. Those in the top bracket currently are allowed to deduct a maximum of 35 percent of their taxable income. Those with more modest incomes get more modest deductions. The federal debt commission proposed late last year that all taxpayers be given a 12 percent, non-refundable tax credit as long as they contributed at least 2 percent of their adjusted gross income to charity. If they give less than that, they would get no deductions. Charitable deductions are estimated to cost the federal government about $237 billion between 2009 to 2013.

Read the full article →

Don McNay: The Path Towards Wealth Without Wall Street

July 19, 2011

I’ll find somebody new and baby we’ll say we’re through. And you won’t matter any more -Buddy Holly I have a book coming out this fall entitled, Wealth Without Wall Street, A Main Street Guide to Making Money . It’s a book I felt compelled to write. We’ve had a number of government bailouts and “stimulus” programs in recent years. Trillions of dollars have gone down the drain. Like many, I am angry. Washington and Wall Street are tied at the hip and spend most of the time talking to each other. They have social and economic connections and media outlets devoted to promoting their philosophies. Wall Street and Washington are not impacting my world in a positive way. With the public outraged about out-of-control bonuses and out-of-control lobbyists, I keep waiting for someone on Wall Street and Washington to get it. I don’t think they ever will. Politicians make gestures to keep us from rioting, but as soon as our backs are turned, Wall Street goes right back at it again. Wall Street and Washington developed the saying “too big to fail.” The idea is that big institutions must stay in business, no matter how badly they screw up. The Soviet Union operated on the same premise. Wall Street and Washington do not understand that entrepreneurs and small-business people have been the economic-growth engines of the past few decades. Advances in technology have made it possible for smart people living in Kentucky, Oregon, India, and China to compete with any business that Wall Street has to offer. There has been a long and irreversible trend toward small, entrepreneurial businesses located far from money centers. Yet, Washington has kept throwing money at these “too big to fail” money losers. As noted, the Soviet Union is a good example of why this doesn’t work. After the Depression, we learned a lesson and put a variety of regulations in place. That worked well for more than 50 years. Then “deregulation” became the hottest fad and gave us companies such as Enron. After the Depression, banks were relegated to banking and insurance companies to writing insurance policies. In the modern world of deregulation, Citibank, a bank, was allowed to merge with Travelers, an insurance company. The new company, Citigroup, had to suck down billions in bailout money to survive. I’m not seeing the advantages that this “too big to fail” business model brought to us. One of the reasons Main Street gets overlooked is that they don’t know anyone in Washington or on Wall Street. We really don’t really want to. Our customers are local, and a lot of them, such as me, deal with local and regional banks that know them and their business. If Wall Street knew a lot about their customers, they would not have spent billions on credit default swaps and mortgage-backed derivatives. People starting their own businesses don’t need bailouts. Businesses in a startup phase aren’t in need of tax cuts. Small businesses need cash flow, access to capital, mentors, and guidance. The most important thing they need is the proper mindset. People who work for large companies expect employers to look out for their concerns. If someone is going to be an entrepreneur, they have to look out for their own concerns. After years of massive layoffs and cuts in employee benefits, workers at many corporations “get” that their company doesn’t really care about them. The corporation’s only concern is making Wall Street happy. Many people are looking at entrepreneurship because they lost their job and big companies aren’t hiring. As Bob Dylan said, “when you ain’t got nothing, you got nothing to lose.” I started my structured settlement and insurance consulting business at age 23. I had finished most of my graduate work at Vanderbilt University, but the only job I could find was on the cleanup crew at the Kentucky Horse Park. Cleaning up after horses will make you rethink your career options. Starting my own business was a good move. January 2013 will mark my 30th year in business. The goal behind Wealth Without Wall Street is two-fold. One is to give people some ideas for making their economic lives better. The second is to take power away from Wall Street and Washington so they don’t have the ability to do all the horrible things they have done for the past 30 years. The phrase ‘think globally, act locally” is overused but a good principle to follow. When you look at how Gandhi and Martin Luther King made such a big mark on society, it was by inspiring individuals to take small steps that collectively made a huge difference. Wealth Without Wall Street can be summed up as follows: 1. Move your money from a “too big to fail” bank to a bank or credit union in your community. 2. Tear up your credit cards. Eliminate debt. Stay away from the “legalized loan sharks” such as payday lenders. 3. See if you have what it takes to start your own business. Some people do and others don’t. If you are self-motivated, you can make a huge difference for yourself and society by owning your own business. 4. Although I don’t like Wall Street, I like large insurance companies. They get lumped together and shouldn’t be. Insurance companies are regulated at the state level instead of at the federal level. I’m also a big believer in life insurance and annuities. 5. “Think globally, act locally” is what Wealth Without Wall Street is all about. If you follow the steps I outlined, you will be improving yourself and improving society. Don McNay, CLU, ChFC, MSFS, CSSC of Richmond Kentucky is an award-winning financial columnist and Huffington Post Contributor. He is the author of the upcoming book, Wealth Without Wall Street: A Main Street Guide to Making Money. McNay founded McNay Settlement Group, a structured settlement and financial consulting firm, in 1983, and Kentucky Guardianship Administrators LLC in 2000. McNay has Master’s Degrees from Vanderbilt and the American College and is in the Hall of Distinguished Alumni of Eastern Kentucky University. McNay is a Quarter Century member of the Million Dollar Round Table and has four professional designations in the financial services

Read the full article →

U.S. Consumer Credit Rose By $5 Billion In May

July 8, 2011

WASHINGTON (Glenn Somerville) – U.S. consumer credit rose by another $5.08 billion in May, according to a Federal Reserve report on Friday that suggested a willingness to keep borrowing despite a tight job market. The May rise, coming after a revised $5.67 billion increase in April, handily topped forecasts by Wall Street economists for a $4 billion increase and marked the eighth straight month of growth in consumer credit. The total of all consumer credit outstanding in May was $2.432 trillion, up from a total of $2.427 trillion in April. The key change in May came in a category called “revolving credit,” principally credit-card debt, that shot up by $3.36 billion in May after declining by $876.7 million in April. That was the biggest increase in credit-card debt for any month since mid-2008, when the economy was in the midst of the 2007-2009 financial crisis. The Fed provides no commentary with its report to help understand the big monthly shifts. One possibility is that consumers facing limited job prospects were forced to turn to credit cards more frequently to pay bills. For a lengthy period from late 2008 until recently, consumers had been paying down credit-card debt on a fairly regular basis. Analysts said that trend, which effectively meant debt loads were easing, was healthy because it should put consumers in a better position in future to resume spending and thus add to economic growth. A category called “nonrevolving credit,” which includes such items as student loans and car loans, expanded by $1.7 billion in May after shooting up by $6.54 billion in April. (Editing by Jan Paschal) Copyright 2011 Thomson Reuters. Click for Restrictions .

Read the full article →

Florida Home Reportedly Ransacked By Buffett-Linked Mortgage Firm

July 6, 2011

Chris Boudreau of Brooksville, Florida says he is the unwilling recipient of a home makeover, courtesy of his mortgage company. 21st Mortgage Corporation, which says it is a Berkshire Hathaway company on its website, allegedly hired a private firm to ransack and clean out Boudreau’s home, according to WTSP 10 News . They reportedly took out his sofa, tables, television, DVD player, tapes and cabinets. They even shredded Mrs. Boudreau’s wedding dress, claims Boudreau. “When she saw what happened, she actually went into in the dumpster trying to go through the stuff,” Boudreau told the news station. “She was crying her eyes out.” According to WTSP, Boudreau had fallen slightly behind on his mortgage payments, prompting the mortgage company to take independent action. Richard Ray, 21st Mortgage Corp’s Chief Financial Officer, told The Huffington Post that Boundreau’s story, as reported, is one-sided. “It’s inconceivable,” he told Huffington Post, “that we would hire someone to diminish the property that we have a loan against.” For legal reasons, Ray would not discuss Boudreau’s particular situation. Tom Altman, Mr. Boudreau’s attorney, told the local CBS affiliate that when he contacted the mortgage firm, he was told that it had the right to the actions taken because Florida is a “self-help state.” However, according to Altman, Florida is not a self-help state. In fact, he says, the state has very strict foreclosure laws, which he claims 21st Mortgage violated. The Hernando Sheriff’s office sees things differently, however. They have no interest, they told WTSP, in investigating any charges of burglary, breaking and entering and trespassing, claiming the situation to be a civil matter. Boudreau is not the only individual to allegedly experience a mortgage horror story. As the New York Times reported in September, Florida’s former attorney general Bill McCollum announced that his office would investigate claims that banks presented doctored or dubious records in courts as proof that a lease exists against a property. On its website, 21st Mortgage Corp. claims that Clayton Homes purchased their firm at the direction of Berkshire Hathaway in 2003. According to Clayton Homes ‘ own website, Clayton Homes was also acquired by Berkshire Hathaway that same year. Berkshire Hathaway did not respond to requests for comment. Watch the full WTSP News 10 report here:

Read the full article →

BofA, JPMorgan Modifying Risky Mortgages Without Being Asked

July 4, 2011

Bank of America Corp and JPMorgan Chase & Co have started modifying tens of thousands of mortgages where the banks deem the loans especially risky, even if the borrowers have not asked, the New York Times reported on Sunday. In some cases, the paper said, the banks are slashing the amount borrowers owe, citing one case in Florida where a woman’s principal balance was cut in half. The paper said the banks are targeting holders of pay option adjustable-rate mortgages, a type of loan where borrowers have the option of skipping some principal and interest payments and having the amount added back onto the loan. Such “option ARM” loans were seen as especially high risk in the wake of the financial crisis; the two banks collectively still have tens of billions of dollars of such loans in their portfolios. One law professor quoted by the Times said the banks were behaving in contradictory ways, modifying some loans that should not be and not modifying some loans that should be. Spokespeople for the two banks were not immediately available to comment. (Reporting by Ben Berkowitz. Editing by Maureen Bavdek) Copyright 2011 Thomson Reuters. Click for Restrictions .

Read the full article →

Pound Sterling Weakens as Consumer Confidence Falls

June 29, 2011

Pound Sterling Weakens as Consumer Confidence Falls

Read the full article →

Michel Kelly-Gagnon: Regulating Advertisement Won’t Make Us Behave

June 25, 2011

Do you trust yourself to make the best decisions in your own interest when it comes to what you eat, what you drink, and all the various products that you buy on the market? If so, you must be deluded. Otherwise, why would the government and various groups of do-gooders want to prevent you from even seeing the name of some products for fear that you may not resist the urge to buy them? That’s the logic supporting the many regulations that exist on products such as cigarettes, alcohol and fast food. True, these products may have some negative side effects, especially when consumed in large quantities. But they are still legal and you can buy them anytime you want. Our nanny state however has decided that it needs to hold our hand and shield our eyes from temptation, because we are too immature to make that decision alone. The zeal of government bureaucrats in imposing these rules sometimes reaches absurd heights. Last year, the Gilles-Villeneuve Museum, located in Berthierville, Quebec, decided to stage a small exhibition of pictures of the late racing champion in Montreal during the Grand Prix. Of course, you could see the name Marlboro on several of those pictures, the cigarette company being one of Villeneuve’s major sponsors in the 1970s. Some inspectors for the provincial department of health and social services visited the exhibition and decided that this was a crime . The museum itself is exempted from article 24.1 of the law on tobacco advertising, but not a private room open to the public in another venue. The government decided a couple of days later not to fine the museum for $2,000 after the news caused uproar in the media. That may be an extreme case, but the trend is clear. In many countries around the world, governments are increasingly likely to regulate the advertising industry. Whether in the name of consumer protection or health concerns, advertising for products that are perfectly legal must conform to ever stricter rules. This worldwide trend was recently highlighted by the head of planning for a well respected ad agency in the British newsweekly the Observer . He predicted that governments, instead of banning the sale of certain products outright, would increasingly turn to prohibiting their advertisement. Along the same lines, a group of American health professionals has just called for the retirement of mascot Ronald McDonald. The same group campaigned against mascot Joe Camel in the 1990s. This insistence on protecting consumers from themselves rests on the belief that advertising actually creates a demand for a product. Regulating or banning advertising is therefore thought of as an effective way to reduce the consumption of those products. People who are committed to “helping” others, with or without their consent, are not inclined to question that belief. For them, it’s simply a moral imperative. But it is still possible to study social behaviour and check if this is scientifically valid. There are certainly good reasons to doubt that advertising is required to create or sustain demand for a product. If this perception were true, the consumption of illegal drugs, for example, would not be so widespread. Similarly, the consumption of alcohol did not decrease substantially during American Prohibition. And how to explain that the legalization of alcohol-related advertising in Saskatchewan in 1983 did not lead to increased consumption ? Or that the banning of beer ads in 1974 in Manitoba did not diminish consumption in that province as compared with Alberta, where advertising remained legal? In a case of a new product such as computer tablets, advertising of course serves to make consumers aware of its existence and to develop a new market. But for the bulk of advertising, which focuses on already established products, it simply does not increase demand. So, you may ask, why do businesses spend so much on advertising? Quite simply to capture the largest possible market share and to steal customers from their competitors. For example, Peter will remain indifferent to a beer ad if he never drinks beer. On the other hand, for a beer drinker like John, it is possible that the ad will lead him to choose one brand over another. There is a large amount of empirical research that shows this to be the case. Advertising informs people about the choices available to them, or about the characteristics of certain products. But when all is said and done, the choice remains the consumer’s. What a company hopes to do when it advertises a product is promote what it can do better than its competitors and establish the best possible brand image. In this game, what one gains, another loses, and total consumption is not affected in the vast majority of cases. There is a lesson here for governments and for those do-gooder lobby groups who want us to behave like proper children. Instead of regulating whole industries, why not give customers the information they need to make what you believe are better choices? If you think advertising is so influential, why not advertise your own theories and values and let free individuals decide for themselves?

Read the full article →

Week Ahead: Lots of Data Ahead of July 4th Holiday

June 24, 2011

Most investors next week will undoubtedly be looking forward to the long July Fourth holiday weekend. Everyone could use a breather after weeks of bad economic news and stock market losses. Nevertheless, a good bit of economic data will be released. The ISM Manufacturing Index for June is due Friday and it may be the most significant report all week. The ISM index is the most widely watched factory report and it follows closely in the wake of disappointing regional manufacturing data. Economists expect the index to fall to 51.8 in June from 53.5 in May. For months manufacturing had been a lone bright spot on an otherwise grim economic landscape. But that may be changing; the regional data was impacted by bad weather across many regions of the U.S. — notably tornadoes and flooding in the Midwest — which disrupted supply chains. Three Federal Reserve District Bank surveys of manufacturing are due ahead of the ISM report and they should give a preview of what’s to come on a national scale. The Dallas Fed’s Texas Manufacturing Outlook is due Monday and it may offer the most optimistic view. The Richmond Fed’s Survey of Manufacturing is due Tuesday and the Kansas City Fed Manufacturing Survey is due Thursday. The Chicago Purchasing Managers index, used to gauge demand for goods made in factories, is due on Thursday. Consumer spending and personal income data for May are due on Monday. Meanwhile, more bad news is expected from the housing sector. The S&P/Case-Shiller Home Price Index for April is due Tuesday and the numbers are expected to show a continued decline in home values. Pending home sale data for May is due Wednesday. The U.S. housing sector has been just as stubborn as the labor market in its refusal to participate in a recovery. Consumer confidence has been rocked as homeowners see the value of their homes decline and with it the equity that provided a cushion against financial emergencies. Speaking of consumer confidence, the Conference Board’s Consumer Confidence Index will be released Tuesday and the final take on the Reuters/University of Michigan Consumer Sentiment Index is due Friday. The only hope for an increase in these indexes stems from a slight drop in gas prices as oil prices have dipped in recent weeks to around $90 a barrel from over $110 a barrel in the spring. Car makers on Friday will release figures on June sales of North America-produced motor vehicles.

Read the full article →

Larry Summers Takes Seat On Startup Board

June 22, 2011

NEW YORK — Former Treasury Secretary and former Director of the White House National Economic Council Lawrence Summers will be taking a position on the board of Square , a San Francisco-based company that offers individuals and businesses a way to accept payments on their mobile phones. In an official announcement on Wednesday, Square CEO Jack Dorsey — also the Executive Chairman of Twitter — said, “We are proud to have Larry join our board and we welcome his insight and decades of leadership to our growing company. Square is at a key point in our trajectory and we know Larry will contribute tremendous wisdom and expertise toward our continued success.” Summers did not immediately respond to request for comment Wednesday. Founded in 2009, Square launched to the public in early 2010. Summers, also the former president of Harvard University, will likely increase the organization’s market clout, especially ahead of an expected IPO. “Square is certainly kind of a dream team — with Jack Dorsey, Keith [Rabois] and Vinod Khosla,” said Chris Dixon, the co-founder of Hunch , an online recommendation service, and Founder Collective , a seed stage venture capital company. “They already have a ton of momentum, and [the addition of Summers] just adds momentum.” With his considerable financial bona fides, Summers will likely provide strategic guidance to the Square management team. According to Dorsey , the company is processing $3 million in transactions every day. David A. Jones, Jr., chairman and managing director of early stage investment fund Chrysalis Ventures , said companies like Square are “growing at the intersection of the old established world-meets-really exciting mobility and tech.” Summers will be able to help the company navigate the “the pressure and opportunity of fast growth” — in an environment where Square must connect to the “old” economy, Jones said. “Things still have to be paid for, credit cards still have to be regulated,” he noted. “It’s not like Twitter or Facebook, where it’s an entirely new space.” Moreover, Jones explained, established board members like Summers would be able offer sense of context for the relatively young company, and help prioritize options during a time of rapid growth. “[Summers'] experience as a university president, counselor and treasury secretary could be very relevant,” he added. In the end, it will be the chemistry between board directors like Summers and the Square management team that will determine the company’s success, according to Tim Draper, a founder and a managing director of Draper Fisher Jurvetson , an early stage venture capital fund. “I believe that a good board can make a big impact on a company,” said Draper. “A bad board can kill a company. Ultimately, it is the entrepreneur and the team that make it all happen.”

Read the full article →

Sen. Bernie Sanders: Stop Oil Speculation Now

June 15, 2011

The increased cost of oil and gasoline is damaging the American economy and is causing severe economic pain to millions of people, especially in rural America, who often have to drive long distances to work. Many workers are already seeing stagnant or declining wages and high gas prices are just taking another bite out of their paychecks. People in Vermont and across the country are also worried about the high price of heating oil for the coming winter. The price of oil today, while declining somewhat in recent weeks, was still over $95 a barrel today. That’s about $30 higher than it was two years ago. The theory behind the setting of oil prices is that price is determined by the fundamentals of supply and demand. The fact of the matter is that there is more supply and less demand today than there was two years ago when gas prices averaged about $2.44 a gallon. While we cannot ignore the fact that big oil companies have been gouging consumers at the pump for years and have made almost $1 trillion in profits over the past decade, there is mounting evidence that the increased price of gasoline has nothing to do with supply and demand and everything to do with Wall Street speculators jacking up oil and gas prices in the energy futures market. Ten years ago, speculators only controlled about 30 percent of the oil futures market. Today, Wall Street speculators control more than 80 percent of this market, even though many of them will never use a drop of this oil. Their only function in this process is to make as much money as they can, as quickly as they can. Don’t just take it from me. Let me quote from a June 2 article in the Wall Street Journal : “Wall Street is tapping a real gusher in 2011, as heightened volatility and higher prices of oil and other raw materials boost banks’ profits… by 55 percent in the first quarter.” The CEO of Exxon-Mobil, Rex Tillerson , in response to a question at a Senate hearing, estimated that speculation was driving up the price of a barrel of oil by as much as 40 percent. The general counsel of Delta Airlines, Ben Hirst, and the experts at Goldman Sachs have all said that excessive speculation is causing oil prices to spike by 20-40 percent. Even Saudi Arabia, the largest exporter of oil in the world, told the Bush Administration back in 2008, during the last major spike in oil prices, that speculation was responsible for about $40 of a barrel of oil. In other words, the same Wall Street speculators that caused the worst financial crisis since the 1930s through their greed, recklessness, and illegal behavior are ripping off the American people again by gambling that the price of oil and gas will continue to go up, and up, and up. Sadly, the spike in oil and gasoline prices was entirely avoidable. The Wall Street reform Act, Dodd-Frank, required the Commodity Futures Trading Commission to impose strict limits on the amount of oil that Wall Street speculators could trade in the energy futures market by January 17 of this year. Almost five months later, the CFTC has still not imposed those speculation limits. In other words, the chief regulator on oil speculation is clearly breaking the law and is not doing what it is supposed to be doing. Last month, six other senators and I held a meeting in my office with Gary Gensler, the Chairman of the CFTC. Unfortunately, I was very disappointed in both the tone of the meeting and the complete lack of urgency at the CFTC with respect to cracking down on oil speculators as required by law. Therefore, today I introduced legislation with Senators Blumenthal, Merkley, Franken, Whitehouse and Bill Nelson to end excessive oil speculation once and for all. I am also pleased to announce that Congressman Maurice Hinchey will be introducing this legislation in the House. This legislation mandates that the Chairman of the CFTC take immediate actions to eliminate excessive oil speculation within two weeks. 1) Our bill requires the Chairman of the CFTC to establish speculative oil position limits equal to the position accountability levels that have been in place at the New York Mercantile Exchange since 2001. 2) Our bill requires the Chairman of the CFTC to double the margin requirements on speculative oil trading so that Wall Street investment banks back their bets with real capital. 3) Under our bill, Goldman Sachs, Morgan Stanley, and other Wall Street investment banks engaged in proprietary oil trading would be classified as speculators, instead of bona-fide hedgers; and 4) The Chairman of the CFTC would be required under this bill to take any other action necessary to eliminate excessive speculation and ensure that the price of oil accurately reflects the fundamentals of supply and demand. I am pleased to announce that this legislation already has the support of a diverse group of organizations representing small businesses, fuel dealers, consumers, workers, airlines, and farmers including: Americans for Financial Reform; the Consumer Federation of America; Delta Airlines; the Gasoline & Automotive Service Dealers of America; the International Brotherhood of Teamsters; the Main Street Alliance; the National Farmers Union; the New England Fuel Institute; Public Citizen; and the Vermont Fuel Dealers Association, just to name a few. I want to thank Michael Trunzo the president & CEO of the New England Fuel Institute; Sean Cota the President and Co-Owner of Cota & Cota Oil; Robert Weissman the president of Public Citizen; and Professor Michael Greenberger from the University of Maryland School of Law for their leadership on this issue and for their hard work in building this diverse coalition to end excessive oil speculation. The American people are hurting, especially in rural states like Vermont. We need action and we need it NOW.

Read the full article →

Kotak Wealth & IIFL face fee rebate charge – mydigitalfc.com

June 15, 2011

Kotak Wealth & IIFL face fee rebate charge mydigitalfc.com “As part of our family office , we charge clients a fixed rupee fee or a percentage fee based on the client AUM for providing investment advice,” the spokesperson said. A Kotak Mahindra Bank spokesperson said: ” Family office business is based on … and more »

Read the full article →

Elizabeth Warren’s Opponents Don’t Like Her Because She’s A Woman, Congressman Says

June 2, 2011

WASHINGTON — A leading House Democrat said Thursday that some opposition to making Elizabeth Warren head of the new Consumer Financial Protection Bureau is because she is a woman. Massachusetts Rep. Barney Frank, top Democrat on the House Financial Services Committee, said some of the resistance to Warren, a Harvard law professor, is because of a feeling that a woman should not tell bankers what to do. “Some people almost unconsciously think that for a woman to be in an important position regarding the titans of the financial industry is not appropriate,” Frank said at a news conference. He said while that attitude hasn’t affected the substance of the debate over Warren, “The tone has been exacerbated.” Asked about his remarks later, he did not name any people or cite any specific instances in which Warren’s gender has played a role in her treatment. At the same news conference, Rep. Lynn Woolsey, D-Calif., also said that when “the other side can’t win arguments on their merits – and I would add, especially when they’re threatened by an accomplished and articulate woman – that’s when they make it personal.” Woolsey provided no specific examples. The consumer bureau was created by last year’s financial overhaul law, which President Barack Obama signed after it passed Congress despite strong Republican opposition. Obama appointed Warren to oversee the organization of the agency, which officially goes into business on July 21, but he has yet to nominate anyone to be its director. Many Democrats and liberal groups want Obama to nominate Warren to head the bureau. Warren, credited with originating the idea for the agency, has had a hostile reception from many congressional Republicans who say she lacks a sufficient financial industry background. Republicans would be all but certain to defeat her nomination should it come to a Senate vote. Asked Thursday about Frank’s remarks, House Financial Services Committee Chairman Spencer Bachus, R-Ala., said most GOP objections are not to Warren herself but to creation of a single director for the agency. He praised her intelligence and commitment to consumer protection and called her a “straight-shooter.” Last month, Senate Republicans led by Sen. Richard Shelby, R-Ala., wrote a letter to Obama promising to block any nominee to head the bureau unless some of its powers were watered down, including giving Congress more control over the agency’s budget and replacing the director’s job with a five-member commission. Shelby is top Republican on the Senate Banking Committee. Asked about Frank’s remarks, Shelby spokesman Jonathan Graffeo said, “That’s beyond baseless. It’s just outright silly.” Frank and Woolsey, along with Rep. Carolyn Maloney, D-N.Y., were among 89 House Democrats who sent Obama a letter Thursday urging him to use his power to appoint Warren temporarily to the job the next time the Senate takes a recess. So-called recess appointments are permitted under the Constitution but last only until the end of next session of the Senate.

Read the full article →

Andrew Cowell Joins Intersil as Senior Vice President of Consumer Products

June 2, 2011

MILPITAS, CA–(Marketwire – Jun 2, 2011) – Intersil Corporation ( NASDAQ : ISIL ), today announced Mr. Andrew Cowell has joined the company in the newly created position of Senior Vice President of the Consumer Products Group. This new group has been created from existing consumer-focused product lines within Intersil’s Power Management and Analog & Mixed Signal product groups.

Read the full article →

Who Needs Branding? The Fastest Growing Pizza Chain You’ve Never Heard Of

June 2, 2011

(By Deborah L. Cohen) – When Jack Butorac spotted a sleepy pizza operation in Toledo, Ohio, he saw the makings of a winner, despite confessing he “knew nothing about pizza.” Nearly a decade later Marco’s Pizza is the fastest-growing pizza chain no one has ever heard of. It’s attempting to carve a slice of the saturated U.S. pizza market, bucking sluggish franchising trends and quickly adding new restaurants, even during the recession. “He didn’t brand it, he didn’t distinguish it, he didn’t emphasize the strengths,” said Butorac of Italian-born Marco’s founder Pasquale Giammarco, who established the business more than 30 years ago. “Pat Giammarco is a pizza guy, he’s a real-estate guy. Smart guy, but branding, no.” Giammarco had focused on quality ingredients and consistent operations in growing the business to more than 100 stores. But he didn’t think much about image, said Butorac, whose 35-year career has included stints helping the Chi-Chi’s and Fuddruckers chains expand. Butorac convinced Giammarco to let him form a franchise company to grow the brand. After setting it up in 2004, he recruited industry veterans to run everything from franchise sales to procurement. Butorac, who owns stores in Cleveland and Indianapolis, controls the majority; Giammarco has a smaller stake and owns stores primarily in Toledo, where Marco’s is headquartered. “I knew nothing about pizza,” said Butorac, president of Marco’s Franchising LLC. So he initially worked as a consultant to Giammarco to get a flavor of Marco’s distinguishing characteristics: fresh dough made daily in stores, sauce from an old family recipe and a special blend of three cheeses. “I was retired when I started this,” joked the ebullient Butorac, 62, who commutes from his home in Louisville, Kentucky several times a month. “My wife said, ‘You’re’ driving me crazy, find something to do.’” Marco’s, whose competition includes national rivals Pizza Hut, Domino’s and Pappa John’s, plus regional chains and mom-and-pops, has heady goals for growth that includes opening as many as 90 stores this year. Its aggressive rollout began in 2008 -tough times for the pizza industry – as rising gas prices were squeezing mainstay delivery sales and steep commodity costs pinched operators’ wallets. PIZZA EQUITY To skirt monetary challenges facing potential franchisees, Butorac raised $20 million in private equity funding to assist operators with down payments. He also established a leasing arm to help franchisees upgrade equipment or build entire stores, which typically cost $250,000 and post average annual sales of more than $700,000. About 20 percent of franchisees opted for one of the programs, Butorac said, helping to bring Marco’s current store count to 241 units, more than double the start of the franchise. Another 75 or so are in the pipeline. “It helped us open a lot quicker than it would have if we needed to just come up with more capital,” said Kirk Luchman, a 35-year-old franchisee, who along with partners, recently opened a second Marco’s in Tallahassee, Florida and plans to open more. Despite such rapid expansion, Steve West, a St. Louis-based restaurant analyst with Stifel Nicolaus, said Marco’s faces headwinds in a $30 billion industry with little growth, continued high costs for ingredients such as wheat and increasing national awareness over obesity. The industry grew only slightly last year, he said, on the backs of the bigger chains. “The pizza category is mature,” West said. “It becomes very tough for somebody like that to expand in new markets. They have to be able to educate their consumer that they are a better pizza.” That’s not stopping Butorac, who contends his chain, distinguished by its slogan “Ah!thentic Italian Pizza,” will attract more business from the casual dining sector, where customers are feeling the budgetary pinch. He also hired a seasoned management team, which includes veterans from the likes of Pizza Hut parent Yum! Brands, Little Caesars, Wendy’s and Domino’s, offering them equity and a share of the royalties. “If the company does well in development, there’s an upside,” said Peter Wise, a former Young & Rubicam brand strategist who serves as Marco’s VP of marketing. “That’s been a factor in how we’ve been able to grow quickly, even in a recession.” Of course there were pitfalls, such as figuring out how to maintain consistent ingredients across a range of growing markets; the chain, which is predominantly in Midwestern and Southeast states, is likely next pushing into California. Tight controls are central to Butorac’s vision for Marco’s place in the pantheon of American eating options. “A mushroom is a mushroom? No it isn’t,” insisted Butorac, who established a distribution arm after encountering food consistency problems in some new stores. “The fundamentals as far as the operations go – those were all fundamentals Marco’s had before the takeover.” Copyright 2011 Thomson Reuters. Click for Restrictions .

Read the full article →

Max Fraad Wolff: Disrupted Economies and Disruptive Technologies

May 31, 2011

We have seen residential housing lose what little steam it had built up. Jobs numbers, due Friday, are likely to show moderation in the pace of new job creation. The debt ceiling continues to loom. Gas and food prices are straining corporate earnings and household budgets. Social media marches forward despite a rising chorus of bubble suspicion. The precariousness of jobs and budgets pushes Americans to seek deals online, socialize online and use fewer resources. Sony and Nintendo are struggling and Zynga’s online social games are generating real revenues. Twitter and Facebook are helping change patterns of public information and engagement. In this disrupted period social networks seem to be well aligned to emerging constraints and realities. Across this short week we will get a flood of macroeconomic data and news. We will see productivity, Case Shiller Housing numbers, Chicago PMI, ISM reports, Consumer Confidence, payrolls and unemployment. It will be a whirlwind few days. It appears likely that the balance of this week’s numbers will signal a slowing of growth. The continued impact of the Tsunami, an underwhelming developed world recovery, Euro Zone issues, U.S. Budge issues, housing market trouble and rising commodity prices will be visible in many of the numbers to come. It is fair to say we are living in a disrupted economic environment. From Tunisia and Egypt to your home town, new technologies are emerging with impact. Facebook and Twitter relay news — and waves of meaningless chatter — to millions in real time. Revenues in the social media space are driven by advertising and deal seeking. Thus, social media is neither magical, nor immune to economic dislocation. However, we continue to see flocks heading into virtual space to save time and money. We are using GroupOn, Living Social and other group discount services, to afford meals, services, indulgences. We are on E-Harmony finding matches without long drives and costly restaurant meals and drinks. Resumes are posted and scanned in LinkedIn as we look for work. Facebook, YouTube and Twitter offer free communication and entertainment as cable and cell phone bills weigh heavily on taxed budgets. Social media offers an inexpensive way to travel the world first class and save on purchase of increasingly expensive transportation and hard resources. No matter one’s limited budget, we can deal shop, connect and foster image, in the social network, at little cost. Disruptive technologies are fighting for market shares and revenues in a rough economic context. So far, they are fighting very successfully. As we have seen before, disruptive technologies can sometimes thrive in disrupted economies. Netflix, Hulu and YouTube offer TV and movies for low or no cost. This saves on cable bills, on demand rentals and trips out and about in an expensive world of hard assets. Smart phones and tablet PC’s offer to replace home internet, TV, landline phones and traditional cellular voice minutes and text messages. Wi-Fi and 3G/4G service with cloud computing portend fewer and cheaper devices and services delivering more through social media. Clearly Microsoft glimpsed this in the Skype purchase. The angst of the developed world middle class and the tentative rise of the developing world middle class are disruptive to established businesses. New technologies are well suited to collect both groups as heavy users. As we wait for Friday’s job numbers. We see disruptive technologies outperforming in the present disrupted economy. Also Available at http://www.greencrestcapital.com/blog/disrupted-econ…ive-technology/

Read the full article →

Consumer Spending Sluggish On High Food, Gas Prices

May 27, 2011

WASHINGTON – Consumer spending rose less than expected in April as high gasoline prices continued to squeeze household budgets, according to government data on Friday which also showed annual inflation accelerating at its fastest pace in a year . The Commerce Department said consumer spending increased 0.4 percent, rising for a 10th straight month, after a downwardly revised 0.5 percent gain in March. Economists polled by Reuters had expected spending, which accounts for about 70 percent of U.S. economic activity, to rise 0.5 percent last month after a previously reported 0.6 percent rise in March. When adjusted for inflation, spending nudged up 0.1 percent last month after gaining 0.1 percent in March. The report suggested consumer spending maintained its weaker tone into the second quarter as high gasoline and food prices continue to stretch household finances. Consumer spending rose at a 2.2 percent rate in the first quarter, braking sharply from a 4 percent pace in the October-December period. But a recent cooling in gasoline prices should ease some of the pressure on households and boost spending in the months ahead. High food and energy prices in April kept inflation pressures simmering, with the personal consumption expenditures price (PCE) index rising 0.3 percent after advancing 0.4 percent in March. Compared to April last year, the index was up 2.2 percent, the biggest rise in a year, after increasing 1.8 percent in March. The core PCE index — excluding food and energy – increased 0.2 percent after rising 0.1 percent in March. The core index, which is closely watched by Federal Reserve officials, increased 1.0 percent in the 12 months through April, the largest gain since September. The index rose 0.9 percent year-on-year in March and the Fed would like to see it close to 2 percent. Incomes rose 0.4 percent last month, in line with expectations. Incomes gained 0.4 percent in March. Disposable incomes adjusted for inflation were flat and savings fell to an annual rate of $570.6 billion, the lowest since August 2009, from $576.7 billion in March. (Reporting by Lucia Mutikani, Editing by Andrea Ricci) Copyright 2011 Thomson Reuters. Click for Restrictions .

Read the full article →

Video: U.S. Consumer Spending Rose Less Than Forecast in April

May 27, 2011

May 27 (Bloomberg) — Consumer spending in the U.S. rose 0.4 percent in April after a revised 0.5 percent gain the prior month that was smaller than previously estimated, Commerce Department figures showed today in Washington. Incomes climbed 0.4 percent, matching the median forecast. Betty Liu and Michael McKee report on Bloomberg Television’s “In the Loop.” (Source: Bloomberg)

Read the full article →

US Consumer Spending Misses Expectations- Dollar Heavy

May 27, 2011

US Consumer Spending Misses Expectations- Dollar Heavy

Read the full article →

Google Doesn’t Want Your Money, Just Your Data

May 26, 2011

Google may have unveiled a digital wallet, but it’s not your money they care about. It’s your data. The Internet giant announced plans to roll out the Google Wallet this summer, a mobile app that allows users to swipe their phones at the register using near-field communication (NFC) technology, instead of carrying a credit card. Google has partnered with Citibank, Mastercard, First Data, Sprint and certain retailers to back up the product, making it the first digital wallet to launch with such a comprehensive collection of partnerships. But analysts say despite Google’s speed in getting its product to market and the range of its partnerships, the digital wallet space is still too young to proclaim Google the definitive victor, especially given that the Google Wallet will work on only one phone, with one credit card, from one bank, for a handful of retailers. And it may not even be competitors in the payment space that truly have cause for concern, but rather the other Internet companies looking to tap into the consumer data Google now has special access to. “They have some very significant challenges ahead of them,” said Rick Oglesby, senior analyst at the Aite Group, a financial research and consulting firm. “There are a tremendous number of players in the space. Google’s hitting the ground first. They have a big first mover advantage, but they have to work hard to continue the momentum.” Experts say that Google’s approach to its Google Wallet sticks with traditional payments methods: It relies on users’ existing credit cards and uses the infrastructure that has been in place for years. By partnering with the companies that manage payments at every level–the banks that issue cards, the card companies, the companies behind cash register technologies, the security management for the card data–Google makes it clear that it’s not trying to displace traditional financial institutions or ways of paying. Google won’t be taking a cut of transaction fees, leaving credit card companies’ revenue untapped. Instead, Google Wallet targets at other companies aiming to provide their own digital wallet systems. The field is already crowded with players ranging from credit card company Visa to upstart startup Square to wireless-carrier effort ISIS. Though not yet official, it’s also been rumored that Apple’s next iPhone will have near field communication . “Moving data back and forth to effect a payment — they’re not going to try and worry about that,” said Oglesby. “What they’re also trying to do, what all these providers are trying to do, is this new business component: providing a wallet.” Though the Google Wallet is the most complete iteration of a digital wallet to hit the market, its limitations mean that for ordinary people, it won’t make much of a splash. “I would say from a consumer perspective this isn’t terribly significant,” said Oglesby. “But for the payment business it’s very significant. It’s someone getting on the ground and taking NFC and saying, ‘I’m going to make it work today.’” Analysts say the ultimate benefit Google gains from controlling such mobile wallet technology may have very little to do with the payments space. Through the Wallet, Google could gather huge amounts of customer data keyed to local actions and mobile use, a hugely valuable set of data that everyone on the web is working to get their hands on. “The competition will be with the coupons and the targeted offers,” said Aaron McPherson, a practice analyst at IDC Financial Insights, a financial technology research firm. “Because that’s where you have to get customer information — that’s the holy grail.” Google could use its access to customers to drive the successful deployment of its Google Offers , the system of local deals and discounts tied to the Wallet. By serving up these special offers at the time people plan to spend money, specified to the place they are shopping, Google will have a huge advantage over rival deals sites like Groupon. “They get very, very granular information pertaining to what you buy, when you buy, and that information is gold,” said Nick Holland, senior analyst at the Yankee Group, a tech research firm. “In one fell swoop they have trumped anything from Foursquare or Groupon. Now Google owns location-based advertising in the physical world.” While Visa has announced plans to utilize NFC in the future in conjunction with its own digital wallet, and wireless-carrier backed ISIS has also decided to turn to credit card companies for a mobile wallet service, neither has actually delivered a concrete plan for how they might do so. Despite the fanfare, Google Wallet will have to work towards widespread customer adoption to achieve success. Though the digital wallet may appeal in a futuristic way, it’s not clear that it will actually be more convenient than carrying a physical wallet. After all, if your cell phone runs out of battery, there too goes your money. “When it comes to making payments with your primary credit card in North America, it’s really not that difficult. It’s not like it’s a big challenge for me to take my credit card out and swipe it,” said Brad Strothkamp, a principal analyst at Forrester Research, a tech research firm. “Any time we try to get the customer to change habits, there has to be a significant incremental benefit to the customer to essentially change behaviors they’ve had for 20 years. That is not a small task.” Google and its competitors face the difficulties inherent in forging a path through unexplored territory. It’s worth noting that the three major contenders in the field all come from entirely different industries, with Visa as the only company that actually deals in payments as its primary business. Google has managed to sidestep the rest by bringing in the wide cast of operators that control the different aspects of the payment industry, though it remains to be seen if financial companies like Visa, also pursuing mobile payments, will prove to be uncooperative in the future. Still, experts suggest that competitors might have anywhere from 12 to 18 months to ready their products without falling too far behind, as customer adoption of such technologies will likely be hampered by the lack of NFC enabled phones, small number of participating retailers, and the cooperation of credit cards and banks. “It’s great that they’re doing this and it will get everybody moving a little more quickly, but it’s not going to take over the world tomorrow,” said Oglesby. “It’s still going to take some time to play out.”

Read the full article →

Trey Ellis: Why Obama Should Recess Appoint Elizabeth Warren

May 25, 2011

These days individual news stories supplant one another like cards dealt from a deck. You draw an ace today but tomorrow a four. Sure Obama nabbed the world’s most wanted terrorist three weeks ago, but what has he done for us lately? What is more important than individual events is their syntax. The events are nouns and how they are handled verbs, but unless they are strung together coherently, consciously, the reader/voter doesn’t understand what story you’re trying to tell them. Targeting Osama was much easier for the president because he defined his enemy as the enemy. Since apart from when he is actually campaigning he is unwilling to regard the opposition as antagonists, combating them has proven not only difficult but largely unsuccessful. Since the opposition are unabashed cheerleaders for the top 2% untouched by this Great Recession, by not providing an equally forceful counter argument to the rest of us, it is difficult for us not to despair. The president has done a lot of good in this first term, most notably saving the nation and the world from another full-blown Depression, but his failure to hold those same banking interests accountable for the mire of unemployment and destroyed savings we currently suffer through has clouded his entire first term and threatens to damn his legacy. When the banks and brokers were all teetering on the brink Obama was offered a perhaps once-a-century opportunity to restore fairness to our unsustainable economic system. His saving them without fixing them — much more than race hatred — ignited the Tea Party, which co-opted the GOP, which currently dominates domestic policy making. A robust Consumer Financial Protection Bureau won’t make up for the president’s tragic missed opportunity to rein in the banks, but it could send a message that he has awakened to the problems of a middle class decimated by this recession. The poor have always struggled, but now, not only middle class, but upper-middle class Americans are making do with less and understand in more visceral ways than ever that the government is by, of and for the people in name only. This profound cynicism in the wake of Obama’s promise of hope is the president’s most devastating adversary. A first step to combat this crisis of confidence in his handling of our economy would be first to mercilessly chide Republicans for their being complicit in the continued fleecing of consumers, and then defiantly appointing Ms. Warren during the recess. It’s not class warfare for the government to protect all of its citizens from financial exploitation. It is what we assumed our government was there for in the first place. The very fact that such a simple logical step is seen as at all controversial only bitterly reinforces our despair. Going to bat for Ms. Warren is an easy show of political force and a great way to kickoff a sustained narrative of a man willing to go to bat for the vast rest of us. From now until election day the president needs to convince the middle class and seniors that he’s the only thing that stands between them and the bread line.

Read the full article →

Elizabeth Warren Fans Flame Patrick McHenry On Facebook

May 25, 2011

WASHINGTON — Rep. Patrick McHenry’s pants may not be on fire, but his Facebook page is getting thoroughly flamed after he called Elizabeth Warren a liar Tuesday in a subcommittee hearing. Fans of Warren think the North Carolina Republican took some unacceptable liberties with the boss of the nascent Consumer Financial Protection Bureau (CFPB), and they’re demanding that he get some McEtiquette and apologize. Hundreds — and probably thousands — have flocked to McHenry’s fan page to singe him . “I ‘like’ the fact that thousands, if not hundreds of thousands of Americans are appalled by your behavior,” wrote Jill Budzynski. “You are an insult to the title of chairman of any committee. It is out of order to abuse a loyal public servant who is trying her best to accommodate your flip-flopping of schedules. How reprehensible to accuse her of lying. Apologize now.” The dust-up Tuesday came near the end of a hearing on the CFPB when the Oversight Committee’s top Democrat, Maryland’s Elijah Cummings, noted that Warren had stayed beyond the time he had seen agreed to in internal committee communications. But McHenry denied there was any agreement, even though the hearing time had been changed as recently as that morning to accommodate the subcommittee. “You’re making this up,” McHenry told her, to her shock and gasps from the hearing audience. Warren and her staff had the same understanding as Cummings, and sources confirmed the previously agreed upon timing for The Huffington Post. Warren is an extremely popular figure among people who think Wall Street and the big banks need to be reined in, and they’re expressing their displeasure on Facebook — even if it galls them to have to become a “fan” of McHenry to do so. “I also clicked ‘like’ under duress. However, I am filled with hope for America after reading all these comments,” wrote Margarita T. Gonzalez-Newcomer. “One thing that is amazing to me is how politicians forget the innate FAIRNESS of the American people. Even when the parties try to [divide] us and pit us against each other, the American people snap out of that fog to stand up for fair play. Thanks to all who have commented on behalf of Ms. Warren.” “Your behavior toward Elizabeth Warren shows that you’re not only a greedy bastard with no regard for your constituents, you’re also arrogant and rude,” posted Beverly Tuttle Potvin. “Any apology from you would undoubtedly be an entirely insincere and empty gesture on your part so I won’t even bother with that demand.” And some North Carolina residents appear to have found the page, as well. “You are the liar Pat!” wrote Mike Sprinkle, whose own Facebook page lists his home as Hiddenite, N.C. Though that’s just outside McHenry’s district, Sprinkle added, “I can & will vote against you.” The congressman did have the occasional defender. “SorosBOTS are out in force today to protect that socialist Elizabeth Warren,” posted Kristen Peterson, referring to the billionaire Democratic Party donor George Soros. “I clicked like to let you know I appreciate you calling this woman out. Thank you and KEEP UP THE GREAT WORK!” McHenry’s spokesman said he was in a meeting Wednesday morning and could not immediately comment. But after Tuesday’s hearing he stuck to his position, and blamed Warren for stiffing Congress on the time. “Committee staff worked diligently to accommodate Ms. Warren’s schedule,” McHenry said. “I was shocked by Ms. Warren’s blatant sense of entitlement,” he added. “She was apparently under the assumption that she could dictate a one-hour time limit for her testimony to Congress and that we were there at her behest instead of the other way around. This is just further example of her disregard for congressional oversight.” McHenry press secretary Michael Babyak noted that McHenry wouldn’t try to shut down his page, pointing to a post he wrote in the past praising the dialogue it produced . “I’d also like to express my appreciation for my Facebook family — whether you agree or disagree with me — you are speaking out and engaging in the civil and honest debate that is the cornerstone of our country’s political process,” the congressman wrote. “Please continue to share your input and feedback — and give each other’s opinions the respect they rightly deserve. And always remember — this is a free speech zone.” Note: This reporter has just created his own Facebook fan page, and has not had the pleasure of being flamed in a similar fashion as McHenry. But anyone who would like to share, can do so here .

Read the full article →

Sony To Post Huge Loss For The Year

May 23, 2011

TOKYO (By Isabel Reynolds) – Sony Corp said it expected to post a $3.2 billion net loss for the year that ended on March 31 due to a write off on tax credits, the latest in a string of grim headlines for the consumer electronics giant. The maker of PlayStation video games, Vaio computers and Bravia TVs has been battling to recover from the devastating Japan earthquake in March, and more recently, a series of computing hacking attacks that affected more than 100 million user accounts. “I have been skeptical about Sony for a long time. Sony has been overtaken by Apple and other companies,” said Yuuki Sakurai, CEO and president of Fukoku Capital Management in Tokyo. “The management is not able to show shareholders the future of the company.” Sony, once a symbol of Japan’s electronic and manufacturing excellence, has found itself outmaneuvered by Apple in portable music and Samsung Electronics in flat-screen TVs and is facing a tough fight in video games with Nintendo and Microsoft. Sony said it now expected a net loss of 260 billion yen ($3.2 billion) versus a previous forecast for a profit of 70 billion yen due to a “non-cash charge” of around 360 billion yen related to Japanese tax credits. It is due to announce its full-year earnings on Thursday. The net loss would be Sony’s biggest since 1995 and its second-largest ever. The company stuck with its earlier forecast, issued before the March 11 earthquake, for an annual operating profit of 200 billion yen, which is broadly in line with consensus forecasts. CLEAN SLATE Sony said it expected sales to rise this year and forecast a net profit. Some investors saw the revisions as a way for Sony to put the slew of bad news behind it and start with something of a clean slate. “Sony sharply revised down its net forecast to a big loss to show that the impact of the earthquake has been largely factored-in during the previous financial year, while the impact would be limited for the current year,” said Mitsushige Akino, chief fund manager at Ichiyoshi Investment Management. “Probably the company is expecting the global economy to recover during the second half of the year. Maybe this perception could be a bit optimistic, but we still have to wait and see.” In its first estimate for the year to March 2012, Sony said its operating profit would also be around 200 billion yen. The devastating earthquake and tsunami in March damaged Sony plants in northeastern Japan, snarled the global supply chain in several industries and triggered a plunge in domestic consumption. Sony estimated the impact of the quake in the current year at 150 billion yen at the operating level. Many rival corporations, including Panasonic Corp, have yet to issue forecasts for the current financial year to March 2012, due to uncertainty following the disaster. Sony last month disclosed that it had been a victim of one of the biggest cyber-attacks in history. It shut down its PlayStation Network across the globe in mid-April and has slowly started to restore access, starting in the United States. The company is still working with Japanese government authorities to restore access in that country. Sony said “known costs” were estimated at 14 billion yen. Sony is targeting the end of May for fully restoring the affected networks. Shares in Sony ended down 0.5 percent in a Tokyo market down 1.5 percent. It shares though have fallen 24 percent so far this year, compared with a 7 percent fall in the Nikkei average. ($1=81.71 yen) (Additional reporting by Tim Kelly and Chikafumi Hodo; Writing by Lincoln Feast; Editing by) Copyright 2010 Thomson Reuters. Click for Restrictions .

Read the full article →

Patrice Peyret: 38 Billion Dollars in Overdraft Fees Is Ridiculous

May 20, 2011

During tough economic times, many of us can get dangerously close to the bottom of our checking accounts several times a year. As checks may not clear in the order we write them, sometimes our balance will even go negative by accident. This is the dreaded overdraft. Many years ago, banks invented a curious form of protection against overdrafts: you are permitted to overdraft, so that you don’t get embarrassed by a bounced check or a decline of your debit card in the shop, but you are charged a fee for this tolerance. The overdraft protection fee punishes you for having gone negative on your balance, while you find some money to get back into positive territory. Banks are giving you a temporary credit while your balance is negative and they deserve to be compensated for it. But $38 Billion during a single year? That’s $126 for every single of the 300 million Americans, including newborns and the millions without a bank account. 2011: $38B (estimate) 2010: $35.4B (estimate) 2009: $37.1B (actual) 2008: $35.4B (actual) 2007: $34.1B (actual) 2006: $31.5B (actual) 2005: $29.7B (actual) Here are the yearly revenues from overdraft fees collected by US banks since 2005, according to economic research firm Moebs Services . In 2010, under congressional and public pressure, banks and credit unions started changing the terms of checking accounts to ask for voluntary opt-in to overdraft protections instead of making it a systematic feature. That year, revenues from overdraft fees fell slightly back to their 2008 level. In 2011, they are resuming their steady rise. Not all of us overdraft our accounts. But those who do tend to do it repeatedly. You don’t want to be part of the club of “frequent overdrafters”; this dubious distinction is costing hundreds of dollars per year. Unfortunately, the people hurt the most by these fees are the ones who can least afford them. The Consumer Finance Protection Bureau , which starts operating this summer, will certainly try to protect you against these overdraft protection fees and other abusive clauses hidden in bank disclosure statements that average 111 pages in length according to a report by the Pew Charitable Trust. This is quite a long shot though. With steadily increasing revenues in the tens of billions, banks will not be tamed easily. Something is seriously broken if despite the recent legislative protections people keep signing up for checking accounts, opting in for overdraft protection, and getting zinged for $38 billion in fees.

Read the full article →

Ed Mierzwinski: In The Public Interest: Consumers, Know Before You Owe: Help CFPB Develop New Mortgage Forms

May 19, 2011

Calling all consumers! The Consumer Financial Protection Bureau (CFPB) wants to hear from you. The CFPB has rolled out two alternative, two-page mortgage disclosure forms to replace longer, unclear documents in current use. The forms are preliminary, and the CFPB wants your help to make them better. You can go to this blog by CFPB mortgage expert Patricia McCoy that explains the project. Or, you can go directly to the ” Know Before You Owe ” consumer tool to let CFPB know which of the proposals you like better (or which parts of each you like more). These particular tools will be available for review for about 10 days. Then, the CFPB will refine them and do some consumer testing around the country. This project is part of an ongoing CFPB process to test both new disclosures and new regulatory approaches. When PIRG got a sneak peek yesterday, over at the CFPB, it was obvious that the preliminary 2-page mortgage disclosures capture the critical information consumers need to understand and compare housing financing costs, both at closing and over the life of the loan. But, more importantly, this early rollout process shows that the new bureau is coming up with fresh ideas, not only about making disclosures better, but about making the regulatory process better for both buyers and sellers. That can only help make financial markets work better. Yet, despite their pioneering effort and the fact that the industry has been consulted in the process, some bankers are already criticizing CFPB’s preliminary effort to make a bad system better. Of course, these are the same guys who rolled out the dangerous, predatory, confusing mortgages that led to the collapse of the financial system in the first place, even if they refuse to take responsibility. Forget them. Go directly to the ” Know Before You Owe ” consumer tool to help the CFPB make mortgage forms easier to understand, so the next time you buy a house or refinance your home, you will understand the paperwork better, because you and other consumers helped to write it.

Read the full article →

Elizabeth Warren Simplifies Mortgage Forms

May 18, 2011

The Consumer Financial Protection Bureau advanced its overhaul of annoying, incomprehensible mortgage forms on Wednesday in its first regulatory maneuver since the agency was created by last year’s financial reform bill. The CFPB rolled out two prototypes for a single, streamlined form to replace two complex and overlapping forms used by consumers to help gauge the real costs of their mortgage. The new regulator, which hopes to have a final form ready by September, is asking consumers to provide feedback on the forms online and is conducting in-person tests and interviews about the forms in six cities. Consumer advocates and both community and Wall Street banks have lobbied for the change for years. Banks complain that it makes no sense for them to have to deal with two forms that carry the same basic information, while consumer advocates bemoan the fact that the forms aren’t actually very helpful to consumers. “The new forms — they look good,” said Ron Haynie, President and CEO of the Independent Community Bankers Association’s mortgage group, which lobbies on behalf of small, community banks. “This moves in a direction that makes sense,” said Bob Davis, Executive Vice President of Mortgage Finance for the American Bankers Association, which represents banks of all sizes but traditionally places a heavy emphasis on the interests of big banks. “Our bankers thought this was a positive step.” Ira Rheingold, Executive Director of the National Association of Consumer Advocates also praised the new forms. “They’ve really got the right idea.” “You want consumers to actually be able to shop around for a mortgage,” Rheingold said. “This information has to give consumers a legitimate view of the costs of the mortgage — and that doesn’t really exist today. The [current] forms are fairly incomprehensible, there’s all sorts of numbers in there, and you can’t tell what’s important and what’s not.” Once the new form is finalized, bankers may eventually begin butting heads with borrowers over its legal status. Currently the disclosure forms are not legally binding documents and banks could present the borrower with different final terms than the one outlined in the documents. But consumer advocates want the new forms to be a legally binding offer. But for now, at least, both consumer advocates see this as a good sign of things to come. Ed Mierzwinski, Director of the U.S. Public Interest Research Group’s Consumer Program said CFPB’s early testing process suggested the agency “has new ideas, not only about making disclosures better, but about making the regulatory process better for both buyers and sellers.” Elizabeth Eurgubian, Vice President and Regualtory Counsel for the ICBA added, “This process thus far has been a lot better for banks and for lenders than the previous processes have been, and the banks appreciate being brought in.” Take a look at the new prototypes here and here . And compare them to the old forms here and here .

Read the full article →

Larry Magid: Google Becoming All Things to All People

May 17, 2011

After attending the Google I/O developers conference in San Francisco last week, I’m starting to feel as if the company is trying to become all things to all people. With its Android phones and tablets, Google is competing with Apple. With its Chromebook laptops, it’s competing with Microsoft. Google Voice is competing against Sprint, AT&T, Verizon and now Microsoft, which just acquired Skype. Google Maps has practically put traditional map makers out of business, and now that it’s on smartphones, it’s having an impact on the sale aftermarket and factory-installed navigation devices. Google TV is trying to compete with set-top box makers. Google has also disrupted the advertising business and, if it has its way, Microsoft Office and what else is left of the desktop software business will be eclipsed by Google Docs and Spreadsheets, Gmail and other Google Web apps. Come to think of it, Google is even competing with GM, Ford and Chrysler now that it’s working on driverless cars. Google has justified all of these projects as fitting its corporate mission to “organize the world’s information and make it universally accessible and useful.” I suppose you could make a case for how each of these product categories fits into that rubric. Phones, tablets and laptops are the hardware that facilitates accessibility of information. Google Maps certainly fits, and Google Voice sort of qualifies because it lets you record and store incoming phone calls, transcribe and store voice mail, and makes text messages accessible via the Web. And driverless cars obviously qualifies because once we no longer have to concentrate on the road, we can be Web surfing while we’re driving. As if all that weren’t enough, Google last week expanded its empire even further by announcing a music storage service and adding video rental to its Android marketplace. I’m not complaining. As a consumer, I love having choices, and as long as Google isn’t driving competitors out of business, it’s adding to our choices. And in some cases, Google products work well as companions to competing products. As I wrote a couple of weeks ago, I installed an after-market navigation system in my car, but I still find myself using Google Maps on my cellphone when I want to quickly search for something like “the nearest sushi bar” or a particular restaurant or business. Not only is its cloud-based database a lot more up-to-date than the one in my navigation system’s firmware, but it’s also much easier to search and its voice-recognition system works almost every time. I’m very happy to see Google compete with Apple. I love the iPhone and the iPad, but it’s important not to let one company dominate the marketplace. Apple would continue to innovate even if it didn’t have Google at its back because it makes a lot of its money by selling annual upgrades to existing customers. But now that it has to worry about losing customers to Google, Apple is under pressure not only to keep innovating, but also to keep its prices in check. Speaking of competing with Apple, last week Google handed out pre-release versions of Samsung’s Tab 10.1 to all attendees of its conference, including press covering the event. The new tablet is slightly thinner and lighter than the iPad 2 and, so far, is performing admirably. That doesn’t mean it’s better than the iPad 2, which is the current gold standard for tablets, but it’s a serious competitor. Google announced that there are now 200,000 apps in the Android marketplace. That’s still a lot fewer than are available for Apple phones and tablets, but it’s a very respectable number, and it will only get higher. One area where Google will probably never catch up with Apple is with cases and other accessories that attach to the devices. Google tablets don’t even have a consistent power and data connector. The Samsung 10.1′s power cord has a standard USB connector that goes into the power brick but what appears to be a proprietary connector that plugs into the tablet. The Acer Iconia Tab that I wrote about last week has yet a different power connector. What’s ironic about this is that Google CEO Larry Page made a big pitch at his 2006 CEO keynote for getting the consumer electronics industry to standardize on power supplies. I could write even more about Google products, including some categories I don’t have room to mention. If you want to learn more, you can do a search for “list of Google products.” And, yes, “there’s an app for that” — it’s called Google.com. This post also appeared in the San Jose Mercury News For more from Larry visit LarrysWorld.com

Read the full article →

Portfolio Recovery Associates Names Vice President of Government Relations

May 17, 2011

NORFOLK, VA–(Marketwire – May 17, 2011) – Portfolio Recovery Associates, Inc. ( NASDAQ : PRAA ), a specialized financial services company and market leader in the consumer debt purchase and collection industry, today announced that Don Redmond has been named vice president of Government Relations.

Read the full article →

Andrew Winston: Consumers Never Liked to Pay More for Green to Begin With

May 16, 2011

A week ago, the New York Times breathlessly declared in a cover story that during the recession, ” As Consumers Cut Spending, ‘Green’ Products Lose Allure. ” It’s a nice headline and makes it sound like the green product and business movement is in trouble. But the story, while interesting, doesn’t really change the reality for business. First, consumers never liked to pay more for green and, second, consumer pressure is not the biggest force driving the greening of business. Here’s the story. The Times piece focuses on the rise and (sort of) fall of Clorox Green Works cleaning products. Launched with much fanfare in 2008, Green Works quickly became the biggest player in the niche green cleaning space, hitting $100 million in sales before falling to $60 million in the recession (which is still a very respectable number in this market space). The Times crows that “As recession gripped the country, the consumer’s love affair with green products, from recycled toilet paper to organic foods to hybrid cars, faded like a bad infatuation.” So green products are on their way out, right? Not quite. First, as the next sentence points out, “sales at farmers’ markets and Prius sales are humming along now” (fyi, Prius sales jumped 70% in February as oil prices rose). So two of the three categories the Times uses to make its point are actually growing, not fading. Second, at the end of the article, a fascinating chart shows the “green share” of household products holding steady at about 2 percent over the last few years. The conventional brands like Clorox have flattened out — even as Clorox sales dipped, the total number of entrants has continued to grow. The niche brands, such as Method and Seventh Generation, have continued to nibble away at market share and actually grew during the recession. To the extent that the premium-priced green products named by the Times have taken a hit, consumers’ disdain isn’t news: Recession or not, mass consumers never loved paying extra for green. Asking people to pay more for green is usually doomed. Green has always been most effective as the “3rd button” (as my co-author and I called it in our book Green to Gold ) to press in marketing pitches, after price and quality. The Prius is the premium-priced exception that does not disprove the rule. It’s is a special case, since the purchase confers a range of emotional and value-laden benefits that household products just don’t have (critics call the pride of ownership smugness — and, yes, I own one). Therefore, in the trenches of consumer product development, the real story is the pursuit of more sustainable products that, as P&G execs say, create “no tradeoffs” for customers. Why ask people to pay more? As more companies present green products at no additional cost, Wal-Mart and others will be happy to give them more shelf space, because what’s really happening with consumers is subtler than a supposedly fading infatuation with green. As the Times story indicates, there is no rise in the percentage of “true green” consumers who will pay more for sustainable products. But there is a serious rise in the number of so-called “conflicted” or “conscious” consumers , which has been building for years. These buyers, who are quickly becoming the majority of consumers, not a niche segment, want it all. They demand more sustainable products at the same or lower price. The last sentence of the Times article actually captures this phenomenon: “Sarah Pooler, 55, said she did not normally buy green products but would pick them up if they were on sale… ‘Bottom line, if it’s green and it’s a good deal, I’ll buy it’, said Ms. Pooler. And so the race is still on to provide green products at the same price and quality. But exactly because Ms. Pooler and millions of other buyers are still waiting for that price equality, I would argue that what is and has been driving the greening of business is not consumer pressure but a mix macro-level forces and operational sustainability success stories, the countless examples of reduced packaging, lowered toxicity, and condensed versions of products(in detergents for example) that save shelf space and tons of energy in shipping and storage. At the macro level, the greening of products and companies is accelerating because the sustainability drivers are only getting stronger . Rising resource prices, ever-increasing transparency demands about what’s in every product, and continuing pressure up the supply chain from business customers are just a few of the big forces. Does anyone in the consumer product space seriously think Wal-Mart (and other retailers) will stop demanding sustainability-driven operational and product changes just because of the recession? On the contrary, the need to lower costs in the face of rising commodity prices is making eco-efficiency even more economic. So even if consumers develop fickle infatuations with certain products, the business world is clearly developing a deep, abiding love of — or at least growing respect for — the power of sustainability. This post first appeared at Harvard Business Online .

Read the full article →

Confidential Federal Audits Accuse Five Biggest Mortgage Firms Of Defrauding Taxpayers

May 16, 2011

WASHINGTON — A set of confidential federal audits accuse the nation’s five largest mortgage companies of defrauding taxpayers in their handling of foreclosures on homes purchased with government-backed loans, four officials briefed on the findings told The Huffington Post. The five separate investigations were conducted by the Department of Housing and Urban Development’s inspector general and examined Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial, the sources said. The audits accuse the five major lenders of violating the False Claims Act, a Civil War-era law crafted as a weapon against firms that swindle the government. The audits were completed between February and March, the sources said. The internal watchdog office at HUD referred its findings to the Department of Justice, which must now decide whether to file charges. The federal audits mark the latest fallout from the national foreclosure crisis that followed the end of a long-running housing bubble. Amid reports last year that many large lenders improperly accelerated foreclosure proceedings by failing to amass required paperwork, the federal agencies launched their own probes. The resulting reports read like veritable indictments of major lenders, the sources said. State officials are now wielding the documents as leverage in their ongoing talks with mortgage companies aimed at forcing the firms to agree to pay fines to resolve allegations of routine violations in their handling of foreclosures. The audits conclude that the banks effectively cheated taxpayers by presenting the Federal Housing Administration with false claims: They filed for federal reimbursement on foreclosed homes that sold for less than the outstanding loan balance using defective and faulty documents. Two of the firms, including Bank of America, refused to cooperate with the investigations, according to the sources. The audit on Bank of America finds that the company — the nation’s largest handler of home loans — failed to correct faulty foreclosure practices even after imposing a moratorium that lifted last October. Back then, the bank said it was resuming foreclosures, having satisfied itself that prior problems had been solved. According to the sources, the Wells Fargo investigation concludes that senior managers at the firm, the fourth-largest American bank by assets, broke civil laws. HUD’s inspector general interviewed a pair of South Carolina public notaries who improperly signed off on foreclosure filings for Wells, the sources said. The investigations dovetail with separate probes by state and federal agencies, who also have examined foreclosure filings and flawed mortgage practices amid widespread reports that major mortgage firms improperly initiated foreclosure proceedings on an unknown number of American homeowners. The FHA, whose defaulted loans the inspector general probed, last May began scrutinizing whether mortgage firms properly treated troubled borrowers who fell behind on payments or whose homes were seized on loans insured by the agency. A unit of the Justice Department is examining faulty court filings in bankruptcy proceedings. Several states, including Illinois, are combing through foreclosure filings to gauge the extent of so-called “robo-signing” and other defective practices, including illegal home repossessions. Representatives of HUD and its inspector general declined to comment. The internal audits have armed state officials with a powerful new weapon as they seek to extract what they describe as punitive fines from lawbreaking mortgage companies. A coalition of attorneys general from all 50 states and state bank supervisors have joined HUD, the Treasury Department, the Justice Department and the Federal Trade Commission in talks with the five largest mortgage servicers to settle allegations of illegal foreclosures and other shoddy practices. Such processes “have potentially infected millions of foreclosures,” Federal Deposit Insurance Corporation Chairman Sheila Bair told a Senate panel on Thursday. The five giant mortgage servicers, which collectively handle about three of every five home loans, offered during a contentious round of negotiations last Tuesday to pay $5 billion to set up a fund to help distressed borrowers and settle the allegations. That offer — also floated by the Office of the Comptroller of the Currency in February — was deemed much too low by state and federal officials. Associate U.S. Attorney General Tom Perrelli, who has been leading the talks, last week threatened to show the banks the confidential audits so the firms knew the government side was not “playing around,” one official involved in the negotiations said. He ultimately did not follow through, persuaded that the reports ought to remain confidential, sources said. Through a spokeswoman, Perrelli declined to comment. Most of the targeted banks have not seen the audits, a federal official said, though they are generally aware of the findings. Some agencies involved in the talks are calling for the five banks to shell out as much as $30 billion, with even more costs to be incurred for improving their internal operations and modifying troubled borrowers’ home loans. But even that number would fall short of legitimate compensation for the bank’s harmful practices, reckons the nascent federal Bureau of Consumer Financial Protection. By taking shortcuts in processing troubled borrowers’ home loans, the nation’s five largest mortgage firms have directly saved themselves more than $20 billion since the housing crisis began in 2007, according to a confidential presentation prepared for state attorneys general by the agency and obtained by The Huffington Post in March. Those pushing for a larger package of fines argue that the foreclosure crisis has spawned broader — and more costly — social ills, from the dislocation of American families to the continued plunge in home prices, effectively wiping out household savings. The Justice Department is now contemplating whether to use the HUD audits as a basis for civil and criminal enforcement actions, the sources said. The False Claims Act allows the government to recover damages worth three times the actual harm plus additional penalties. Justice officials will soon meet with the largest servicers and walk them through the allegations and potential liability each of them face, the sources said. Earlier this month, Justice cited findings from HUD investigations in a lawsuit it filed against Deutsche Bank AG, one of the world’s 10 biggest banks by assets, for at least $1 billion for defrauding taxpayers by “repeatedly” lying to FHA in securing taxpayer-backed insurance for thousands of shoddy mortgages. In March, HUD’s inspector general found that more than 49 percent of loans underwritten by FHA-approved lenders in a sample did not conform to the agency’s requirements. Last October, HUD Secretary Shaun Donovan said his investigators found that numerous mortgage firms broke the agency’s rules when dealing with delinquent borrowers. He declined to be specific. The agency’s review later expanded to flawed foreclosure practices. FHA, a unit of HUD, could still take administrative action against those firms for breaking FHA rules based on its own probe. The confidential findings appear to bolster state and federal officials in their talks with the targeted banks. The knowledge that they may face False Claims Act suits, in addition to state actions based on a multitude of claims like fraud on local courts and consumer violations, will likely compel the banks to offer the government more money to resolve everything. But even that may not be enough. Attorneys general in numerous states, armed with what they portray as incontrovertible evidence of mass robo-signings from preliminary investigations, are probing mortgage practices more closely. The state of Illinois has begun examining potentially-fraudulent court filings, looking at the role played by a unit of Lender Processing Services. Nevada and Arizona already launched lawsuits against Bank of America. California is keen on launching its own suits, people familiar with the matter say. Delaware sent Mortgage Electronic Registration Systems Inc., which runs an electronic registry of mortgages, a subpoena demanding answers to 75 questions. And New York’s top law enforcer, Eric Schneiderman, wants to conduct a complete investigation into all facets of mortgage banking, from fraudulent lending to defective securitization practices to faulty foreclosure documents and illegal home seizures. A review of about 2,800 loans that experienced foreclosure last year serviced by the nation’s 14 largest mortgage firms found that at least two of them illegally foreclosed on the homes of “almost 50″ active-duty military service members, a violation of federal law, according to a report this month from the Government Accountability Office. Those violations are likely only a small fraction of the number committed by home loan companies, experts say, citing the small sample examined by regulators. In an April report on flawed mortgage servicing practices, federal bank supervisors said they “could not provide a reliable estimate of the number of foreclosures that should not have proceeded.” The review of just 2,800 home loans in foreclosure compares with nearly 2.9 million homes that received a foreclosure filing last year, according to RealtyTrac, a California-based data provider. “The extent of the loss cannot be determined until there is a comprehensive review of the loan files and documentation of the process dealing with problem loans,” Bair said last week, warning of damages that could take “years to materialize.” Home prices have fallen over the past year, reversing gains made early in the economic recovery, according to data providers Zillow.com and CoreLogic. Sales of new homes remain depressed, according to the Commerce Department. More than a quarter of homeowners with a mortgage owe more on that debt than their home is worth, according to Zillow.com. And more than 2 million homes are in foreclosure, according to Lender Processing Services. Rather than punishing banks for misdeeds, the administration is now focused on helping troubled borrowers in the hope that it will stanch the flood of foreclosures and increase consumer confidence, officials involved in the negotiations said. Levying penalties can’t accomplish that goal, an official involved in the foreclosure probe talks argued last week. For their part, however, state officials want to levy fines, according to a confidential term sheet reviewed last week by HuffPost. Each state would then use the money as it desires, be it for facilitating short sales, reducing mortgage principal, or using the funds to help defaulted borrowers move from their homes into rentals. In a report last week, analysts at Moody’s Investors Service predicted that while the losses incurred by the banks will be “sizable,” the credit rating agency does “not expect them to meaningfully impact capital.” ************************* Shahien Nasiripour is a senior business reporter for The Huffington Post. You can send him an e-mail ; bookmark his page ; subscribe to his RSS feed ; follow him on Twitter ; friend him on Facebook ; become a fan ; and/or get e-mail alerts when he reports the latest news. He can be reached at 917-267-2335.

Read the full article →

Judge H. Lee Sarokin: Supreme Court Rules That Small Claims Cannot Be Pursued Against Big Corporations

May 16, 2011

In all fairness, that is not exactly what the Supreme Court actually ruled, but that certainly is the effect of the ruling. The Court held that a suit which involved individual claims of $30.22 against AT&T Mobility could not proceed as a class action because the claimants had each agreed to arbitrate any disputes with the company. In reality, absent the vehicle of a class action, no one was going to pursue a claim for $30.22. So in the face of the millions of arbitration clauses that appear in all types of purchase, licensing and similar agreements (unbeknownst to consumers) their chance of recovering small claims has been effectively barred. No individual is going to spend the time and money to pursue such a claim in arbitration. Companies that do not have such clauses in their purchase or licensing agreements will certainly include them now. Raise your hand if you have ever read the agreement you sign with your telephone company or the licensing agreement you accept with your software. Consumers are totally at the mercy of the companies with whom they deal. Arbitration, indeed, makes good sense in many instances, but not where it is utilized to defeat claims, particularly such as the ones asserted here based upon fraud and false advertising. There has been some valid criticism of past class action abuses, but the very purpose of class actions was to permit persons to join together in situations such as this in which their individual claims were not worth pursuing or it was too expensive or difficult to do so. Although I have no knowledge as to the merits of the claims asserted here, in rendering this decision, the Supreme Court has permitted alleged corporate fraud to go unheard and unpunished and, in turn, has silenced the voice of the consumer in the process.

Read the full article →

Higher Gas Costs Drag Down Retail Sales

May 12, 2011

WASHINGTON (By Lucia Mutikani) – The economy struggled to gain momentum early in the second quarter, with retail sales posting their smallest rise in nine months in April and wholesale prices increasing more than expected. Other data on Thursday showed new claims for unemployment benefits fell 44,000 last week to 434,000, but they remained too high to signal a strong labor market recovery. Retail sales increased 0.5 percent after an upwardly revised 0.9 percent gain in March as receipts at gasoline stations and grocery stores rose strongly, the Commerce Department said. Economists had expected a 0.6 percent rise. Excluding gasoline, retail sales rose 0.2 percent. It was the tenth straight monthly increase in sales and showed U.S. households exhibiting some resilience to lofty food and gasoline prices, which robbed spending from other areas. “The rise in retail sales was basically related to higher gasoline prices. Overall the report was good because it was positive, but the economy and consumers are still having trouble,” said Eugenio Aleman, a senior economist at Wells Fargo Securities in Charlotte, North Carolina. Separately, the Labor Department said producer prices rose 0.8 percent in April, after a 0.7 percent rise in March. Economists had expected a 0.6 percent rise. Financial markets showed little reaction to the economic reports. U.S. stocks were lower as falling commodity prices raised questions about the strength of the global economic recovery, while Treasury debt was little changed and the dollar was higher. The retail data implied consumer spending, which accounts for 70 percent of U.S. economic activity, got off to slow start in the second quarter as household budgets remained stretched by high food and energy prices. GASOLINE PRICES MAY FALL But a recent drop in gasoline futures pointed to a fall in prices at the pump, which could ease the strain on consumers. U.S. gasoline futures on Wednesday suffered the biggest daily drop since September 2008, with the June contract settling at $3.1228 a gallon, losing 25.69 cents, or 7.6 percent. Consumer spending grew at a 2.7 percent rate in the first three months of 2011, braking from a 4.0 percent pace in the October-December period, according to the Commerce Department’s first estimate of GDP released last month. But upward revisions to March’s figures suggested spending might have been stronger than initially thought. That was supported by another Commerce Department report showing strong increases in business sales and inventories in March. Sales rose 2.2 percent, while inventories were up 1.0 percent. That rise in inventories also implied first-quarter gross domestic product growth could be raised from the 1.8 percent annual pace reported by the government last month. “Perhaps the big concern is that spending appears to have lost a lot of momentum at the start of the second quarter,” said Paul Dales, a senior U.S. economist at Capital Economics in Toronto. Receipts at gasoline stations, which accounted for about 10.5 percent of overall retail sales in April, rose 2.7 percent after rising 4.1 percent the prior month. Gasoline prices rose 24 cents or 6.6 percent to $3.85 a gallon in April from March, according to the Energy Information Administration. SALES EX-GASOLINE TEPID Excluding gasoline, retail sales were up 0.2 percent after rising 0.5 percent in March. Sales at food and beverage stores rose 1.2 percent after gaining 0.2 percent in March. In the 12 months to April, overall sales were up 7.6 percent. Sales excluding autos rose 0.6 percent last month, building on a 1.2 percent gain in March and in line with economists’ expectations. Auto sales rose 0.2 percent after declining 0.7 percent in March. Clothing store receipts rose 0.3 percent last month, while sales at building materials and garden equipment suppliers edged up 0.1 percent. So-called core retail sales — which exclude autos, gasoline and building materials – rose 0.2 percent after a 0.6 percent rise in March. Core sales correspond most closely with the consumer spending component of the government’s gross domestic product report. Receipts at sporting goods, hobby, book and music stores fell 1.9 percent, the largest decline since November 2009. (Additional reporting by Doug Palmer in Washington and Richard Leong in New York: Editing by Andrea Ricci) Copyright 2010 Thomson Reuters. Click for Restrictions .

Read the full article →

Dems Blast ‘Wall Street Crude Oil Casino’

May 11, 2011

WASHINGTON — A cadre of top Democrats said Wednesday that heavy Wall Street speculation was driving up gas prices and blasted Republicans for pushing a new bill to delay any crackdown on such speculation until the end of 2012. “What we have now on Wall Street is a crude oil casino, and it has been opened and is now being protected by the Republicans,” said Rep. Ed Markey (D-Mass.) at a press conference that included Reps. Barney Frank (D-Mass.), Maxine Waters (D-Calif.), Joe Courtney (D-Conn.), Peter Welch (D-Vt.), Collin Peterson (D-N.D.) and Carolyn Maloney (D-N.Y.). According to the Commodity Futures Trading Commission, the regulator which oversees speculation in the oil and food markets, the number of of speculative bets on oil is currently at an all-time high , above even the extreme levels associated with the 2008 run-up in oil prices, when oil hit its highest price ever. All of that speculation has driven up the price of oil, according to many economists and an analyst at Goldman Sachs. Sean Cota of the Petroleum Marketers Association said at today’s press conference that a “bubble is underway” in the oil markets and that excessive speculation costs consumers and retailers $400 billion a year. Oil prices have risen sharply this year but have been increasingly volatile of late, plunging a full ten percent during a single trading session last week. “There used to be a debate about whether or not speculation contributed to the price of oil,” Frank said. “Now there’s a consensus.” “We know this is having an impact,” Peterson added, arguing Republicans “didn’t learn a darn thing from the financial collapse.” Last year’s financial reform bill requires the CFTC to impose new rules limiting excessive speculation in the oil and food markets, but the agency has been slow to act, and House Republicans are now pushing a new bill to delay those rules until the end of 2012. Sen. Bernie Sanders (I-Vt.) sent a letter to President Barack Obama in April, urging him to demand action from the CFTC. Obama has formed an Oil and Gas Fraud Working Group to scrutinize fraudulent behavior that may be driving up prices at the pump, but has not spoken out about regulating speculative bets that are currently legal. In addition to delaying rules on oil and gas trading, the House GOP bill would push back all of the derivatives reforms required by last year’s Wall Street overhaul and repeal some aspects of a 1999 law requiring traders to register with the CFTC and the SEC. Experts say heavy speculation becomes particularly dangerous when combined with “high-frequency trading,” automated processes that execute thousands of trades in less than a second. “It’s like the movie ‘Wall Street’ combined with ‘The Terminator,’ except it’s a horror movie for the American consumer,” Markey said, echoing concerns from CFTC Commissioner Bart Chilton. During a May 4 House Agriculture Committee Hearing, Rep. Mike Conaway (R-Texas) said there was no evidence that speculation affects commodity prices. Rep. Frank Lucas (R-Okla.), author of the new GOP bill, was not immediately available for comment. While Democrats target commodities speculation, Republicans blame pain at the pump on limited offshore drilling for oil and gas in the U.S. However, many experts claim expanded drilling operations simply will not lower gas prices . Rep. Maxine Waters (D-Calif.) also criticized Republicans during Wednesday’s press conference for attempting to repeal consumer protections included in last year’s Wall Street overhaul, part of separate legislation aimed at watering down the powers of the new Consumer Financial Protection Bureau. Some Democrats, including Frank, have backed an effort to delay another part of the Wall Street reform bill targeting the swipe fees that banks charge retailers for processing debit cards. UPDATE (2:19 p.m. EST) : As lawmakers were holding their press conference, the Chicago Mercantile Exchange, one of two major exchanges trading crude oil futures, halted trading in crude, gasoline and heating oil contracts after gasoline futures plummeted by 25 cents per gallon, CME spokesman Chris Grams told HuffPost.

Read the full article →

Ernan Roman: Powerful Strategies for Customer Retention and Engagement

May 11, 2011

THE PROBLEM: Given the soaring cost of customer acquisition, retaining customers has become a major priority. THE SOLUTION: New strategies for effective customer engagement are required. Traditional customer satisfaction indicators do not provide sufficiently detailed information to help you reengineer your complex customer retention strategies. You need in-depth customer insights to guide you regarding how customers define true engagement and what you need to change to increase retention. Life Line Screening is a leading provider of community-based preventive health services. The company provides affordable, high-quality screenings that are essential to the early detection of risk for stroke, heart disease, diabetes, osteoporosis and other conditions. This relationship marketing innovator’s direct-to-consumer model is at the forefront of consumer-driven healthcare. According to Eric Greenberg, Life Line’s Executive Vice President of Marketing, Our goal was ambitious: To double the total number of returning customers from 2009 to 2012. Initially, our focus had been on the familiar Net Promoter Score (NPS), which measures the consumer’s answer on a one-to-ten scale to the question, “How likely is it that you would recommend our company to a friend or colleague?” In support of increasing scores using that metric, senior management undertook a number of important initiatives, including improvements in customer feedback and response systems, “training blasts,” internal incentives, the “adoption” of certain lower-performing teams, and the circulation of a fourteen-point Customer Guarantee. These initiatives led to improvements in the NPS scores, which already were at very high levels. But, management felt the improvements weren’t as significant as they expected. According to Eric, We knew that what we had been doing was adequate, but we weren’t convinced it was superior. Our customers are quite satisfied with the service we provide and the value for the money.Yet, sometimes customer satisfaction is not enough. Your customers can be quite satisfied with your product or service but view their experience with you as a worthwhile single event, not the beginning of an ongoing relationship. Life Line Screening realized that in order to achieve the projected magnitude of increases in customer retention, they needed a much deeper understanding of customers’ expectations for a more satisfying experience and relationship. So they initiated a research study using in-depth, 60 minute Voice of the Customer (VOC) interviews with a cross-section of customers. As Eric explains: What we are learning from the VOC research is that our customers trust us and value what we provide them. But, they are looking for deeper and ongoing engagement. This means that they are looking for us to be more proactive across all the customer touch points. If we want customers to truly value us as a part of their healthcare team, we have to more proactively engage with them — whether that means an outbound service call to allay their fears before their first screening, or a call to ask if they understood their screening results, or ways to help them feel comfortable and at ease during the screening process. They want us to provide information, solutions, and ideas that can help them stay healthy and independent. Results: By implementing retention programs per the in-depth feedback from their customers, Life Line Screening has already achieved a 40 percent increase in returning customers. Ongoing changes will drive further increases in retention. TRY THIS: Develop strategies for providing deeper and ongoing engagement. These strategies should enable you to be more proactive across all the customer touch points. Pre-test these strategies with customers to determine if these are appropriate and effective. Don’t rely on just one research methodology. Deploy different techniques based on the complexity of your objectives. In-depth VOC research is appropriate when you have complex objectives which require detailed information to guide development of strategies and action plans. The 60 minute interviews enabled Life Line Screening to benefit from in-depth discussion with customers which enabled them to identify, in great detail, the many steps required to significantly improve the customer experience. NPS was helpful to Life Line Screening because it helped them to launch important new initiatives that ultimately led to greater customer satisfaction. However, since NPS is based on responses to just one question, it is limited in the detailed guidance and direction it can provide for making changes. Ernan Roman is President of the marketing consultancy, Ernan Roman Direct Marketing. Recognized as the industry pioneer who created three transformational methodologies: Integrated Direct Marketing, Opt-In Marketing, and Voice of Customer Relationship Research. Clients include Microsoft, NBC Universal, Disney, Hewlett-Packard and IBM. Ernan was named to “B to B’s Who’s Who” as one of the “100 most influential people” in Business Marketing by Crain’s B to B Magazine. His fourth and latest book on marketing best practices is titled: Voice of the Customer Marketing: A Proven 5-Step Process to Create Customers Who Care, Spend, and Stay . Ernan is also the co-author of “Opt-In Marketing: Increase Sales Exponentially with Consensual Marketing” and author of “Integrated Direct Marketing: The Cutting Edge Strategy for Synchronizing Advertising, Direct Mail, Telemarketing and Field Sales.” www.erdm.com ernan@erdm.com

Read the full article →

Payday Loan Kingpin Praises Elizabeth Warren

May 10, 2011

WASHINGTON — The CEO of the nation’s largest payday lending outifit is making the rounds in the nation’s capital to praise consumer advocate Elizabeth Warren and the new Bureau of Consumer Financial Protection (CFPB). The mini-press-junket is part of a concerted lobbying effort from payday loan giant Advance America aimed at pushing the CFPB to crack down on the overdraft fees charged by mainstream banks like Wells Fargo and Bank of America, to the benefit of payday lenders. Overdraft fees and payday loans are widely reviled by consumer advocates, who view both as unfair and deceptive products that directly target the poor. But they are also big business — both overdrafts and payday lending represent multi-billion-dollar markets . They also directly compete with each other: Every payday loan customer could be padding bank profits by overdrawing, and vice versa. Warren is charged with setting up the new Consumer Financial Protection Bureau, but she is not formally director of the nascent agency. President Obama must put a formal CFPB director in charge by July 21 or the bureau will lose authority over payday lenders and other “nonbank” financial operators, like mortgage brokers and check-cashing firms. With that deadline fast approaching, Advance America CEO Billy Webster is doing everything he can to make sure that whoever gets the top CFPB job will steer consumers who need quick cash away from overdraft fees and into payday loans. “People . . . might think we’re opposed to CFPB, and we’re not,” Webster told The Huffington Post. Webster explicitly praised Warren’s background and said she would make a good candidate for the CFPB Director position. Independent Community Bankers Association President Cam Fine made similar comments last week . “I like Elizabeth Warren,” Webster said. “She’s got incredibly relevant life experience for this job: She comes from a working middle-class family, she knows how working middle-class families think and what pressures they’re under. That’s good.” Webster says Advance America supports CFBP because the agency could fairly evaluate payday lenders’ and big banks’ products to the benefit of consumers. “We think that, as Elizabeth Warren has talked about, we should evaluate all these nonbank lenders on criteria around transparency, disclosure, understandability to the consumer, hidden fees. We think those are right criteria to evaluate all the products,” he said. Webster objects to criticism of payday loans’ high annual percentage rate (APR), noting that competing products offered by big banks are not subject to the same analysis. A typical Advance America loan, Webster says, amounts to $300, with $45 in fees. It must be repaid within 18 days, and carries an APR of over 300 percent — far above the 36 percent maximum that consumer advocates cite as a fair. Webster says banks have only avoided scrutiny for overdraft programs because overdraft costs are measured in one-time fees rather than APR. But Webster pointed to a recent report from the Pew Charitable Trusts which finds the equivalent APR on the average overdraft fee to be more than 5,000 percent. But Susan Weinstock, project director Pew Charitable Trusts’ Safe Checking in the Electronic Age program, said Webster is taking the wrong lesson from the report. She said both payday loans and overdraft fees are predatory. “5,000 percent interest is too high and so is 400 percent interest,” Weinstock told HuffPost. “We want to see financial products that minimize risk, that are transparent, that are safe. It’s like curing obesity — do you feed them cake or do you feed them cookies? Neither of them are going to get you any better. Let’s feed people fruits and vegetables.” Other consumer advocates agree. Choosing between overdraft fees and payday loans is “a false choice,” said Kathleen Day, spokesperson for the Center for Responsible Lending. “Both are abusive. These are abusive products. We don’t think consumers should have to choose between two abusive products.” Instead, “people should be given reasonably priced overdraft products, and payday lending should be limited to 36 percent APR,” she said. Webster says bank customers who overdraw their accounts do so an average of 14 times a year, but a March report from CRL finds that payday loans are “designed to to keep [borrowers] indebted for extended periods.” The report calls this a “treadmill of debt” that results in much higher costs than Advance America’s $45 fee. According to the report, payday loan recipients are indebted to payday lenders for an average of 212 days during the first year after they take out their first payday loan — the same loan which Advance America touts as an 18-day debt. Borrowers routinely “roll over” their first payday loan into another larger loan when they find themselves unable to pay off the initial loan. A full 44 percent of borrowers in the CRL study defaulted on their payday obligations within two years of taking out their first payday loan. Every major U.S. bank offers some form of overdraft “protection,” which adds up to big money for those banks. According to financial research firm Moeb’s Services, banks accrued $36.5 billion in overdraft fees in 2010. The entire banking industry’s 2010 profit was $87.5 billion, according to the FDIC. Big banks say their overdraft profits are fair, pointing to a recent federal regulation that requires customers to “opt in” to overdraft programs, rather than being automatically enrolled without explicit consent. A Wells Fargo spokesperson noted that the company lost $270 million in revenue during the fourth quarter of 2010 alone, thanks to the new rules, and expects to lose $215 million to $240 million each quarter of 2011. The spokesperson said Wells Fargo now offers a “protection” service that links a customer’s checking accounts to a savings account, rendering a fee of just $12.50 in the event of an overdraft. But traditional overdraft fees run $35 per charge, and Wells allows up to four overdrafts per day — up to $140. A Bank of America spokesperson said the bank no longer permits overdrafts for in-store purchases, limiting them to ATMs in an effort to eliminate “unwanted” overdrafts. The bank does not disclose its overdraft revenue, but the spokesperson said it anticipates a negative impact on earnings from the new policy. CFPB declined to comment for this article.

Read the full article →

Mike Lux: Democrats and Wall Street

May 6, 2011

The Republicans in the Senate have thrown down the gauntlet: 44 Republican senators have signed a letter saying they won’t confirm anyone — anyone at all — to be the director of the new Consumer Financial Protection Bureau unless the new agency is made toothless. It is this kind of way-over-the-top overreaching that has hurt Republican governors like Walker and Kasich so badly because of their attempt to wipe out public-sector unions, and has made the Ryan budget the most unpopular bill in front of Congress in years. When you are so clearly willing to do everything the Wall Street bankers could ever ask, you paint a very big target on your back. Democrats should seize this opportunity and strike while the iron is hot, just as they did in standing up to Walker, Kasich, and Ryan. Being willing to stand tall and fight back against those unpopular right-wing policies, and the moneymen behind them like the Koch brothers, has already paid off enormously for Democrats. Just think how picking a fight with the most unpopular entity in America (now that Osama bin Laden is dead) — the big banks on Wall Street — could help them politically. The President should immediately announce he is appointing Elizabeth Warren as director of the CFPB, and when the next recess comes, immediately put her in as a recess appointment. There is no longer any reason not to, because the Republicans gave us our opening: if they are going to oppose anyone no matter how weak in that job, there is no reason to offer a compromise candidate. Obama should just give it to the person who would be the best director, which Elizabeth would clearly be. Having a big blow-up with Republicans, with us fighting for consumers and homeowners and them fighting for the banks, would be a great political fight to have. I suspect at the end of the day, that will be the conclusion the Obama team comes to as well, although they are taking their own sweet time on this CFPB decision. And their options of who to appoint got narrowed a lot by that Senate GOP too. The White House already has had several feelers rejected by candidates who didn’t want to be seen as taking the job Warren should have, which is a big factor in making Elizabeth’s appointment more and more likely. The bottom line is that this letter probably just sealed the deal for her getting the job, so we can once again thank overreaching Republicans for helping get something good done. Unfortunately, though, this rather obvious notion of picking fights with incredibly unpopular Wall Street bankers isn’t a universally held Democratic strategy. Take a look at the dynamics on a couple of other fronts. The first example is how the swipe-fee issue still has some Democrats being dumb in their politics. I got involved in this issue during last year’s financial-reform battle, forming a rather unusual (okay, extremely unusual) alliance with retailers and merchants. Dick Durbin offered an amendment that would require the Federal Reserve to provide some regulation of debit card swipe fees so that the big banks who thoroughly dominate this market (Visa and MasterCard, which are subsidiaries of the big banks, represent more than 80 percent of the debit card market) couldn’t just charge whatever outrageous swipe fees they wanted to every small businessperson and non-profit group that let customers use debit cards. The politics of this issue seemed easy to me: the Big Banks vs. Main Street Businesses and Consumers. And it was easy the first time around: when Durbin offered his amendment 63 Senators voted for it, including some Republicans. But the big banks have a ton of money, lobbyists, and muscle — and they keep chipping away at this. They have convinced a lot of Democrats to go over to their side. An organization I chair, American Family Voices , recently came out with and ad that got some notice because it targeted some Democrats, including DNC chair Debbie Wasserman Schultz. But if Democrats took the side of small businesses and consumers, and left helping Wall Street bankers to Republicans, the politics of this issue would be a lot cleaner. The second issue is the foreclosure fraud issue. The big banks have run roughshod over hard-pressed homeowners, abusing the foreclosure process to the point where they have had a series of court decisions go against them. The 50 attorneys general and multiple federal agencies have been negotiating with the big banks on this issue, but the Obama administration has been way too weak in helping underwater homeowners press for mortgage write-downs. The administration refused to issue a moratorium on foreclosures in spite of all the problems with the banks that were handling them, Treasury’s HAMP program has been a disaster, and the administration’s acting head of the critically important OCC regulatory agency has been completely in bed with Wall Street bankers on housing and many other issues. The Obama administration should be taking on the big banks on foreclosures, not coddling them. I am a Democrat because our party has historically been on the side of middle-class workers, homeowners, consumers, and small businesses against wealthy special interests like Wall Street bankers. Politically and policywise, we should be clearly, cleanly, and strongly on the side of the former, and not confuse voters by straddling both sides of the issue. I will always be a Democrat because we are the only party that would ever appoint someone like Elizabeth Warren to office, or pass legislation like the CFPB and swipe-fee regulation, but when we waver on these kinds of things, we lose our way politically as well. It is time for Democrats to take a clear side for the middle class, and let the Republicans choke on having to be on Wall Street’s side.

Read the full article →

Obama Administration, State Officials Expected To Give Banks New Mortgage Terms

May 6, 2011

WASHINGTON — The Obama administration and state officials are expected to offer the nation’s five largest mortgage firms updated terms next week in ongoing negotiations over a settlement regarding the firms’ faulty treatment of borrowers , according to three people with knowledge of the government plan. As part of their discussions to settle months-long state and federal probes into shoddy mortgage practices and wrongful foreclosures, the new terms are expected to incorporate suggestions offered by the banks in response to an earlier term sheet circulated in early March by state and federal officials. Bankers said the original terms were too stiff; investors said they didn’t go far enough. Consumer advocates said they were a good start. The new term sheet will mark another attempt to get bankers and policymakers on the same page regarding the treatment of borrowers who fall behind on their mortgage payments or default on their obligations. But it is not expected to detail any fines to be meted out in response to banks’ flawed practices, which include improper home seizures and other actions that broke federal and local laws. Officials also remain undecided on a possible mandate to banks to reduce borrowers’ loan balances , according to the three sources, who were not authorized to speak publicly about the matter. Banks are reluctant to slash mortgage principal balances ; some agencies in the Obama administration want to require it, as do most of the state attorneys general leading their mortgage probe. A vocal minority — all Republicans — are opposed. On April 28, the disagreement played out during meetings held in Washington. State and federal officials held two in-person meetings with bankers, with many state officials calling in from their respective states. Representatives of the five firms — JPMorgan Chase, Bank of America, Wells Fargo, Citigroup and Ally Financial — made a presentation which they claimed showed why mandating principal reductions would not prevent a significant number of new foreclosures and would be harmful to the general economy . The banks said “it would trigger a stampede of strategic defaults,” said an official familiar with one of the two discussions, referring to instances in which borrowers who can afford to make good on their obligations choose not to. Strategic defaults are much more common in the business world than among homeowners, according to experts who study the issue. Government officials questioned the banks’ assumptions, which were partly based on data from the Obama administration’s signature foreclosure-prevention initiative, the Home Affordable Modification Program, according to people familiar with the meetings. HAMP, which seeks to reduce monthly payments, is primarily known for its lackluster results. But the bankers and government officials did not discuss the size of potential fines, nor did they address the mortgage firms’ push for release from legal liability for their unlawful actions in their treatment of borrowers and pursuit of home repossession. The nation’s largest lenders voluntarily halted home seizures last autumn after faulty document practices — like so-called “robo-signing” — came to light, erupting into a national scandal. Federal and state investigations began shortly afterward. Now, the top law enforcement officers in some states, most notably New York Attorney General Eric Schneiderman, want to make sure they are not constrained in taking legal action against mortgage firms for violations of state and local laws. Some have grown frustrated with the pace of negotiations, people familiar with the matter say, and fear a broad release from legal liability will likely be sprung on them at the last minute as a condition of their settlement with the targeted banks. Attempts to begin discussions over the liability release have thus far been thwarted, however. Also at issue are potential fines. The Department of Housing and Urban Development and the Bureau of Consumer Financial Protection are looking to impose penalties on the five firms nearing a total of $30 billion, according to people familiar with the matter. The Federal Deposit Insurance Corporation has suggested levying at least $20 billion in penalties. Other federal agencies have suggested amounts closer to $5-10 billion, with the banks open to fines just under that range. Some state officials are pushing for more than $30 billion. However, the size of possible fines was not discussed Thursday, people familiar with the discussions said. This week, Bank of America , Wells , JPMorgan and Citigroup said they collectively could shell out as much as $11.8 billion in litigation losses beyond amounts that they’ve already set aside , regulatory documents filed with the Securities and Exchange Commission show. By taking shortcuts in processing troubled borrowers’ home loans, the nation’s five largest mortgage firms have saved more than $20 billion since the housing crisis began in 2007, according to a confidential presentation prepared for state attorneys general by the nascent Bureau of Consumer Financial Protection inside the Treasury Department and obtained by The Huffington Post in March . The estimate suggests that the nation’s largest banks have reaped tremendous benefits from underserving distressed homeowners, a complaint frequent enough among borrowers that federal regulators have repeatedly acknowledged the industry’s fundamental shortcomings. The dollar figure provides a basis for regulators’ internal discussions regarding how best to penalize Bank of America, JPMorgan, Wells, Citigroup and Ally. Much of the money would go towards reducing troubled homeowners’ mortgage payments and lowering loan balances for underwater borrowers, who owe more on their home than it’s worth. This week, 33 Democratic members of Congress signed a letter sent to Attorney General Eric Holder and Iowa Attorney General Tom Miller (D), urging them to extract a meaningful settlement with the targeted banks. “In the communities we represent, and in others across the country, the flagrant disregard for the law and predatory practices by lenders and servicers have imposed substantial hardships on both homeowners and their neighbors,” the letters read. “We hope that, as these talks proceed, you will work to protect the rights of those harmed by these practices, provide meaningful immediate relief to homeowners, hold lenders and servicers accountable for any unlawful practices that they engaged in, and ensure that, in the future, the practices that brought about this crisis will not reoccur.”

Read the full article →

Ron Gitter: Lending a Hand to Lenders: How to Speed Up the Closing Process

May 6, 2011

At a co-op closing this week, where I represented the sellers by power of attorney, I sat across from the buyer’s counsel, who dutifully ground through the loan documents with his client, a first-time home buyer. As I checked my Blackberry to pass the time, I listened to the attorney describe in mind-numbing detail, page after page of the bank’s documents, pausing to get his client’s signature after each explanation was completed. All around the closing table, folks who have watched this drill on hundreds of occasions, do what’s always done at every closing… wait. Rethinking the Loan Process At that closing, the bank’s attorney stated the “golden rule” of lending: “He who brings the gold, makes the rules.” The crowd chuckled. That being said, the process by which a bank completes the loan documentation at the closing is about as up to date as applying a wax seal. Each bank has a slightly different set of documents, based upon whether or not the loan will be sold immediately after closing to Fannie, Freddie or to an investor. Basically, the documents are similar: a note, a security agreement or mortgage (depending upon whether it is a co-op or condo), a HUD Settlement Statement, and numerous other documents which are either required by law (as revised by recent Federal legislation and rule making) or by the bank’s own lending policies. With all due respect to those charged with the responsibility of attending to the bank’s closing details, the process consumes an excessive amount of time. There is no reason why a majority of the loan documents, with the exception of the note and security documents, can’t be signed at application or upon issuance of the loan commitment. Why Signing Before Closing is a Better Idea Although efforts are being made to educate and to protect the consumer from nefarious lenders and their minions, a closing, with its time limitations, is not exactly the best place to start explaining the implications of the loan documents. Most purchasers are in a daze at the big finale and really don’t comprehend the significance of each piece of paper which is briefly described to them before execution. Your typical future homeowner is thinking about the ton of money he or she is about to spend, or the costly renovations, or the move-in date, or whether it’s the right decision in the first place. You get the picture. Understanding the “name affidavit” or some other boilerplate document is not at the top of the list. It would clearly be in the consumer’s best interest to have that pile of documents in advance of the closing, so there would be a real opportunity to understand exactly what is being signed. In addition to speeding up the closing geometrically, the consumer would be better protected from signing a document he or she truly doesn’t understand — unfortunately, an occurrence at each and every closing. When I posed this suggestion at the closing table, after a few half-hearted attempts at telling me why it wouldn’t work, the bank attorney finally said, “Are you trying to take away my job?’ Well, actually, just trying to make it significantly easier. Business as Usual A closing represents the culmination of the efforts of a number of people: the attorneys, the brokers, the bank and its counsel, the managing agent, and of course, the seller and purchaser. Those involved in the process understand that a certain amount of time will be required to get to the finish line: that being the delivery of checks in exchange for ownership of the property. In the digitized world we live in today, however, a closing takes way too long and needs to be modernized. Lenders are not the only time-wasting culprits, but expediting the review and execution of loan documents would be a great place to start. On to the Next One The real estate economy thrives on closings. When handled the right way by all concerned, it represents the best efforts of the professionals, good feelings on both sides and the ultimate “win win” scenario. But there’s room for significant improvement in the time it takes to get to the handshakes.

Read the full article →

Wendell Potter: Are Insurers Writing the Health Reform Regulations?

May 5, 2011

One of the reasons I wanted to return to journalism after a long career as an insurance company PR man was to keep an eye on the implementation of the new health reform law. Many journalists who covered the reform debate have moved on, and some consider the writing of regulations to implement the legislation boring and of little interest to the public. But insurance company lobbyists know the media are not paying much attention. And so they are able to influence what the regulations actually look like–and how the law will be enforced–with little awareness, much less scrutiny. At a January meeting of several hundred patient and consumer advocates in Washington, a top aide to Health and Human Services Secretary Kathleen Sebelius all but pleaded with those in the audience to bombard the Obama Administration with messages insisting that the law be implemented as Congress intended. Rest assured, he told them, that the insurance industry’s lobbyists were relentless in their demands that the regulations be written to give them the maximum slack. One example: a section of the law expanding the rights of consumers to appeal adverse decisions made by their health plans. “The Affordable Care Act will help support and protect consumers and end some of the worst insurance company abuses,” read an Obama administration fact sheet from last summer. The fact sheet went on to assure us that the new rules would guarantee consumer access to both internal and external appeals processes “that are clearly defined, impartial, and designed to ensure that, when health care is needed and covered, consumers get it.” “In implementing this law, we have worked to end the worst insurance company abuses, preserve existing options and slow premium increases,” an administration official said. “Through it all, protecting consumers has been — and remains — our top priority.” The rules, originally scheduled to go into effect July 1, 2011, were actually written by the National Association of [State] Insurance Commissioners (NAIC), which was tasked by Congress to develop several important regulations required by the law. If the law is implemented as the NAIC recommends, patients will be able to get an external appeal of a broad range of coverage denials, including denials that result from an insurer’s decision to rescind, or cancel, a patient’s policy–not just denials made on the basis of “medical necessity” as determined by the insurer. The NAIC’s standards also say that insurers must provide consumers with clear information about their rights to both internal and external appeals and that the companies must expedite the appeals process in urgent or emergency situations. Well, surprise, insurers don’t like being told what to do by regulators. So they’re pushing back hard. Consumer advocates who have been in meetings at the White House in recent weeks say they believe the administration is bending over backward to accommodate the insurers. “We have reason to fear that the external appeal regs won’t be very consumer friendly,” said Stephen Finan, senior director of policy for the American Cancer Society Action Network. Finan and representatives of several other consumer and patient rights organizations, including Consumers Union, the National Partnership for Women and Families and the American Diabetes Association, wrote officials in the Departments of Labor and Health and Human Services in late January pleading with them to “stand firm for consumers” in rejecting several of the insurance industry’s demands. They expressed concern that the final regulations would allow insurers to stack the decks against patients by allowing health plans to deem a second-level internal appeal of a denial as meeting the requirement for an independent external appeal. They’re also worried that health plans will not be required to provide clear and understandable information to policyholders about their denial decisions, that the plans will not provide adequate translation of written communications into other languages (insurers are claiming this would be too burdensome), and that they will be able to take as long as 72 hours (instead of the recommended 24) to decide an urgent appeal. Equally as frustrating for the consumer advocates is the administration’s indication that they will give the insurers until January 1, 2012, rather than July 1, 2011, to comply with the regulations. Consumer advocates say the administration has told them that the reason it is proposing to delay the effective date of the new rules for half a year is to accommodate the health plans’ enrollment cycles and marketing needs. Health plans do need adequate lead time to make changes to their systems and to prepare materials to inform their customers of new procedures, especially in multiple languages, so some of their push back is understandable. The new regulations will also add to the insurers’ administrative costs, and the new law limits how much they can spend on overhead. But the consumer groups believe the administration itself has caused some of the problems by taking so long to finalize the regulations. The NAIC got its work done comparatively swiftly. “There is a clear pattern of leaning toward the insurance industry more than consumers,” one of the patient advocates told me. The consumer advocates, most of whom not so long ago were applauding the Democrats for getting reform enacted, even if it fell short of their original goals, are becoming increasingly discouraged, partly because there are so many more lobbyists for the insurers than for consumers. It’s hard to compete with them. “We’re outnumbered 100 to 1,” said one of the consumer advocates. It’s clear,” he added, “that the insurers are willing to make life more difficult for patients” by trying to weaken and delay the consumer protections. It’s also clear that, at least for now, the insurers seem to have the upper hand in dealing with the White House.

Read the full article →

GOP Blocks Bid To Make Elizabeth Warren Head Of Consumer Bureau

May 4, 2011

WASHINGTON — Republicans don’t even want public advocate Elizabeth Warren to head a watered-down Consumer Financial Protection Bureau. At least that’s what Democrats tried to show Wednesday with a number of amendments to three Financial Services bills that aim to alter the nascent CFPB. The Democratic measures were all nixed by the GOP. One amendment would have required Congress to name Warren the head of the bureau once she finishes the job of creating it and getting it running by July. The provision, offered by CFPB proponent Rep. Carolyn Maloney (D-N.Y.), was designed to put Republicans, who have vehemently opposed Warren in the past, on the spot. “This debate is clearly about Elizabeth Warren, so let’s make it about her,” said Maloney, the top Democrat on the Financial Institutions and Consumer Credit Subcommittee. The amendment, which said the top job had to be filled by the person “credited with coming up with the idea” for the CFPB, failed on a party-line vote. It was offered to a bill that would, among other things, turn the bureau into a commission with five members leading it. Subcommittee Chairwoman Shelley Moore Capito (R-W.Va.) argued that a commission offers greater stability in the leadership than a single boss. “If they’re going to make it a commission, at least put someone in the chair’s seat who has been the vision behind it and can make it work,” Maloney told The Huffington Post after the heated hearing. Another GOP bill aims to make it easier for the Financial Stability Oversight Commission to overrule decisions that the CFPB might make in favor of consumers. It would require a simple majority vote by the FSOC, instead of a two-thirds majority. That bill would also change language in current law to give the FSOC authority to protect not just the “safety and soundness” of the U.S. financial system — a key goal of the Dodd-Frank legislation passed last year — but of individual institutions . Republicans argued that the changes the bill would produce would make the consumers’ bureau more transparent and accountable, and protect more small banks. Democrats contended that the revisions would only weaken the CFPB, and give financial institutions a stronger say. To prove Democrats’ point, Maloney offered another amendment that would have defined the “safety and soundness” mentioned in the proposal to exclude profits. Her point was that consumer-friendly decisions generally come at the expense of profits, and — if profitably is a standard — there would be a ready rationale to overturn almost any CFPB rule or finding. “I am not saying that a financial institution should not be able to make a profit,” Maloney said in the hearing. “I am simply saying that, if you are going to put an extraordinary check on the CFPB’s ability to protect consumers, then a financial institution’s profitability should not come at the expense of consumers.” The amendment also failed, while the subcommittee passed the three GOP-sponsored bills. The third aims to delay the July 21 starting date for the CFPB. The full Financial Services Committee is expected to consider the bills next week. Democrats in the Senate will likely squash the measures there, but they could be offered as amendments to larger pieces of legislation.

Read the full article →

FTC Said To Be Making Google ‘The Next Microsoft’

May 2, 2011

The U.S. Federal Trade Commission has reportedly begun to prepare an investigation of Google, according to Bloomberg . The Mountain View web giant has come under scrutiny for its domination of the online search industry. Bloomberg reports that the FTC has allegedly started to tell high-tech companies to get information ready for upcoming inquiry, said “three people familiar with the matter.” Discomfort over Google’s control over search flared following the company’s acquiring ITA Software, a travel data powerhouse. The company outbid other travel sites, who opposed the acquisition . Part of the conditions of the deal, as outlined by the Justice Department mandated that Google must make travel data available to rivals as well as allow the government to look into whether its behavior is unfair. Google already faces antitrust investigations in the European Union . Regulators in South Korea have also been asked to look into the company’s behavior. Officials in Ohio and Wisconsin are considering launching a query for the same reasons, as well. “It could be ‘Google as the next Microsoft,’” Eleanor Fox, a law professor at New York University, told Bloomberg. Microsoft, which itself came under antitrust scrutiny over a decade ago, lodged an official antitrust complaint with the EU. “We have to be careful about letting the current players manipulate the market in such a way that it does tip prematurely [in their favor] and that it hurts rivals,” said FTC commissioner Thomas Rosch in March. “For example, Google is trying to do it though its search methods.” Though Google rules online search and advertising, creating a successful case against the company will hinge upon the determination that the company has used its power to unjustly keep rivals from being able to compete. The senate Subcommittee on Antitrust, Competition Policy and Consumer Rights is scheduled to examine Google for its search dominance in the next session of Congress.

Read the full article →

Samuel H. Williamson: Thirty Years Ago, Gas Prices Were 30 to 40 Percent Higher

May 1, 2011

As gasoline prices approach $4.00 a gallon, we are tempted to think this is the highest price it has ever been. But in 1981 the average price was $1.35 and by many indexes that was much higher than today. If we adjust that price by the CPI the 1981 “real price” is $3.24. But the average gas mileage of a car was 16 mpg in that year and is about 23 now. So the “real” price of gas (in 2010 dollars) to drive a mile in 1981 was 17.8 cents. If you divide $4.00 by 23 you get a price per mile of 17.3 cents. So by comparing the two periods using the CPI to deflate and price per mile seems about the same then and now. The CPI is, however, not the best index for this comparison. (Go to the Relative Value of a U.S. Dollar to see a discussion of this.) It would make more sense to use the average wage or the average amount spent per household (what we call the consumer bundle). Under these two indexes, the “real price’ was $3.62 and $3.92. These indexes give you a “real” price of gas (in 2010 dollars) to drive a mile in 1981 of 22.6 and 24.5 cents. This is 30% and 40% more expensive than the per mile rate at the current 17.3 rate of a $4.00 gallon of gas today. Two more things that one should consider: The lowest federal income tax rate was 13.83% in 1981 and it is 10% today. And this year all wage earners are not paying their half of the social security tax.

Read the full article →

J&J CEO ‘Disappointing Recalls’ Won’t Slow Company Down

April 28, 2011

NEW BRUNSWICK, N.J. — Johnson & Johnson’s chief executive told shareholders at their annual meeting Thursday that the company will come back “stronger than ever” after addressing quality problems that resulted in an astounding string of product recalls. William Weldon, who became CEO in 2002, said the series of “disappointing recalls” troubled him and employees and meant thousands of parents could not get medicines they needed for their children. Since September 2009, the company has had about two dozen recalls of prescription and nonprescription medicines, replacement hips, contact lenses and diabetes test strips, including tens of millions of bottles of children’s and adult Tylenol and Motrin. Many of those nonprescription drugs were made at a liquid medicines factory in Fort Washington, Pa., that J&J closed a year ago, gutted and is rebuilding as a state-of-the-art factory. Shareholders saw photos of the plans and steel framework as work there continues, while Weldon tried to reassure them. “You would be right to ask if we made mistakes, and yes, we did,” Weldon said. “Our goal is to restore McNeil Consumer Health Care to the highest level of quality … thus restoring confidence in McNeil.” Weldon, 62, said J&J has inspected 120 plants around the world and invested millions to improve the quality of its manufacturing and satisfy federal regulators, who have three of its factories under scrutiny. J&J has shifted manufacturing of some products to other factories. Its biggest challenge may be winning back consumers as recalled products such as Tylenol and Motrin come back on the market this year and next. Roughly 1,300 shareholders – fewer than in recent years – packed into four different rooms at a hotel opposite J&J’s headquarters seemed satisfied with Weldon’s explanation of the recalls and what J&J has been doing to rectify the problems. The audience clapped repeatedly during his comments and lengthy presentations about the company’s financial results and innovative medicines and medical devices in development. After 2 1/4 hours of speeches, slideshows and testimonials about J&J products and health care programs, only six people in the audience asked questions or made comments. “When I look at what’s been happening at J&J over the last couple of years, I see a fundamental attack on the credo,” Tom Williamson told Weldon. He referred to J&J’s corporate pledge, displayed prominently at headquarters, that stresses responsibility to patients, doctors and nurses. “Your company tried to do a stealth recall of Motrin,” he added. Congress has been investigating that 2008 incident, in which J&J paid a third company to quietly buy up faulty Motrin packets, rather than issuing a recall. But another shareholder, Kathleen Bennett, told Weldon she appreciates his efforts to fix the recall-related problems. “I say, Mr. Bill Weldon, well done,” she said, drawing loud applause. Shareholders also sided with the company on the three shareholder proposals on the agenda, voting them all down by 95 percent or more. One, by the Sisters of Charity of Saint Elizabeth and other religious groups, would have restricted future prescription drug price increases sharply. Another would have expanded J&J’s employment nondiscrimination policy to include people with health problems, but J&J said its broad policy is sufficient. The third would have required ending use of animals in training surgeons to use J&J’s high-tech surgical tools; Weldon said J&J already tries to use alternatives when possible. That proposal was presented by Alka Chandna, a spokeswoman for People for the Ethical Treatment of Animals. The group had four picketers outside the hotel protesting on the issue, two in big pink piggy suits because pigs are sometimes used in surgical training. A second group of three medical students picketed beside them, because J&J has not agreed to join an international “medicine patent pool” that would make it easier and cheaper for generic drugmakers to produce inexpensive HIV medicines for developing countries. Weldon opened the meeting by touting J&J’s biggest deal ever, reached the day before. J&J agreed to buy U.S.-Swiss medical device maker Synthes Inc. for $21.3 billion. The deal, which should close next year, would give J&J a much bigger share of the market for surgical trauma equipment and orthopedic implants. “It is consistent with our long-term strategy to strengthen our leadership position around the world,” Weldon said. “Our pipeline today is considered one of the best in the industry,” Weldon added. He also noted that J&J’s board had just decided to raise the quarterly dividend on company stock by 5.6 percent, from 54 cents to 57 cents per share. In afternoon trading, shares of the company fell 8 cents to $65.49.

Read the full article →

The U.S. Banking Industry Is Shrinking: Who Benefits?

April 28, 2011

By Knowledge@Wharton Though the U.S. banking sector was in recovery mode in 2010, it still managed to reach some highs and lows. There were 157 bank failures in the country last year, the most since 1992, according to the Federal Deposit Insurance Corporation (FDIC). And the number of new bank charters was at an historic low — 11, compared with 181 three years earlier. With so many banks leaving the sector and so few entering it, a long-anticipated consolidation process is now under way. The U.S. is expected to end up with no less than 6,529 commercial banks and 1,128 savings institutions by the end of this year. That is a 4.4% decline from the previous year, and it leaves the country with nearly half as many institutions as it had 20 years ago, according to the FDIC. What does this consolidation mean for the banking sector’s next 20 years? Should consumers be concerned about the shrinking number of banks? Many experts expect consolidation to continue, and predict that the trend will leave the banking system better off in the long run. “We don’t really need as many banks as we used to,” says Jack Guttentag , a finance emeritus professor at Wharton and former economist at the Federal Reserve Bank of New York. “Banks now have the power to [set up branches] wherever they want to, so what really matters is how many options a customer has in a certain market.” Therein lies the challenge, according to Kenneth H. Thomas, a Wharton lecturer of finance. As he sees it, not all customers will benefit from greater consolidation. A market, such as the one in the U.S., that is “over-banked,” with a supply of banking services exceeding demand, “is generally good for consumers and businesses because it results in lower prices — i.e., lower loan rates, loan/deposit fees and higher deposit rates — and higher output [in terms of] more varied and innovative products,” he notes. “Some may argue that ‘over-competition’ [or over-banking] could drive weaker banks out of business” — as happened to Washington Mutual, the savings institution that collapsed in 2008 — “but then someone else comes in and replaces them, yet may reduce the number of offices and amount of services.” History Lessons It is no accident that the U.S. has had such a large number of banks. Rather than setting up one, large national bank as other countries do, the U.S. federal government rolled out various laws in 1784 to encourage multiple banks in individual states. In 1863, a new banking act introduced a national charter that encouraged the establishment of more financial institutions even as it taxed banks with state charters. Nearly 70 years later, with the dawn of the Great Depression, the country had more than 30,000 banks. But the stock market collapse took its toll. In 1933 alone, about 4,000 commercial banks and 1,700 savings and loans institutions failed. The next wave of consolidation occurred in 1994 with the arrival of the Riegle-Neal Interstate Banking and Branching Efficiency Act. That made interstate expansion easier, whether it occurred through M&A activity or organically. The number of banks began shrinking annually by about 4.5% before another period of expansion in the late 1990s, according to the FDIC. With another swing of the pendulum last year, consolidation returned to 1994 levels. But in contrast to previous times, much of the consolidation has been due to failures rather than through M&A. Shuttered banks have ranged from American National Bank of Ohio, a small institution with assets of $70 million that had struggled for years to turn a profit and was under regulatory pressure until it was closed in March, to $25 billion Colonial BancGroup of Alabama, which closed its doors in the summer of 2009, a few days after regulators started an investigation into accounting irregularities. As the third largest failure in U.S. history, all of Colonial’s deposits were sold to BB&T, turning it into the ninth-biggest U.S. bank by assets, according to Bloomberg. As for M&A, there were 197 deals last year, a 20-year low. Loretta J. Mester, a Wharton adjunct professor of finance and director of research at the Federal Reserve Bank of Philadelphia, expects consolidation to continue over the next few years. “In the short term, I think consolidation will pick up as weaker banks go through mergers and acquisitions, and stronger banks take time to get their capital shored up” in their pursuit of greater efficiency and economies of scale, she notes. The Little Guy The institutions that will likely be hardest hit by all this activity will be the community banks. Most of these small, locally owned banks have less than $1 billion of assets, but account for 92% of all banks and savings institutions, says the FDIC. For many of them, the arrival of the recent Dodd-Frank Wall Street Reform and Consumer Protection Act was a death knell.Tougher controls involving capital, liquidity and leverage, and a surge in regulatory red tape, have left such banks struggling, particularly those with less than $500 million of assets. “Many small banks feel that they are being pushed out of existence by new regulations,” Thomas states. Their plight hasn’t been lost on the FDIC, which has launched various initiatives to give community banks some relief. A few weeks ago, for example, it released guidelines that lighten requirements for how these banks manage customers whose accounts are consistently overdrawn. The FDIC has also been encouraging entrepreneurs to buy troubled banks. According to Thomas, this trend started two years ago, when new charters were hard to come by. A case in point: BankUnited, a 70-branch Miami Lakes, Fla.-based financial institution, was taken public earlier this year after the FDIC sold it in 2009 to a bevy of private equity investors led by John Kanas — the former chief executive of a Long Island regional bank sold a few years ago to Capital One. Todd A. Gormley , a Wharton finance professor, says community banks play an important role in local economies. They typically have close relationships with individual customers, while, for example, making loan decisions based more on personalized information than the credit scores and other hard data used by large banks. “Smaller firms and local individuals trying to get loans from larger banks could be a subset of the population that is worse off because of consolidation,” Gormley suggests. There is also something to be said for the often underrated efficiency of smaller lenders that rely on personal relationships as a guarantee against loan defaults. In a study published last year, Stephanie Moulton, a professor of public affairs at Ohio State University, found that borrowers with low incomes or bad credit are significantly less likely to default on loans if they borrow from a local bank than if they receive a loan from a distant bank or mortgage company. Personal relationships, she concluded, are an important factor in the reciprocal relationship between lender and borrower, resulting in both sides offering critical information, such as repayment schedules. Easy Come, Easy Go According to Guttentag, consolidation also leaves a handful of banks controlling the majority of certain types of products. Four “mega banks” — Wells Fargo, Bank of America, JPMorgan Chase and Citigroup — now hold three-fifths of the home mortgage market, which limits consumers’ choice of products and their ability to shop around for competitive pricing. “It’s a textbook issue of a concentration of power,” Guttentag says. “A limited number of firms control the market, and they will engage in implicit collusion.” Thomas, meanwhile, is concerned about the concentration in geographic markets as a result of ongoing consolidation. While there are more than enough banks in the entire country, some cities, states and regions have just one dominant bank. “There are a few markets in danger of becoming a one-bank or two-bank town,” he says. For example, in the Pittsburgh metropolitan area, PNC Bank has 47% of the deposit share, according to the FDIC. The second-largest bank in the area is Citizens Bank of Pennsylvania, which has 8.5% of the deposit share. “We need competition because competition lowers prices,” Thomas states. While there are no limits on deposit shares in certain markets, 1994′s Riegle-Neal Act imposes a 10% cap on nationwide deposits for a single bank. That has since been interpreted as a cap on growth that occurs through mergers rather than organically. The Treasury Department is now looking into modifying the cap to include all consolidated liabilities. But Mester says consumers need not worry. “When there is consolidation, there are not necessarily fewer outlets for banking services,” she notes. While the total number of banks may be declining, the number of branches isn’t. Additionally, no matter where they are, consumers have access to a growing number of Internet banking options. In the last 10 years, the number of bank branches nationwide has increased 15%, although that expansion has primarily involved banks with $500 million or more in assets. The number of branches dropped slightly for the first time in a decade in 2010. As for the future, Guttentag predicts that the number of banks will continue to shrink, but he doubts the U.S. will ever look like, say, Canada — which has just 22 banks. Indeed, if consolidation continues as it has over the past 20 years at the average annual rate of 3.3%, it would take 60 years for the total number to fall below 1,000 banks and nearly 130 years to get below 100. “Even if the number of banks shrinks from 6,000 to 100, if those 100 are operating in all market segments and if consumers have many options, there is no reason for concern,” Guttentag says. Additional reading from Knowledge@Wharton: The Dodd-Frank Financial Regulatory Law: Long-Awaited Cure — or Cause for ‘Wild-Eyed Alarm’? ‘A Major Transformation’: The Pros and Cons of the Dodd-Frank Act The Coming Meta-Boom and Meta-Bust — One Economist’s View

Read the full article →

Daniel Dicker: How To Drop Gas Prices By a Dollar — Overnight

April 27, 2011

Want to see lower prices at the pumps? Obama says there’s “no silver bullet,” while Boehner considers removing tax subsidies to big oil. Romney and Pawlenty take up the cry of “drill, baby, drill,” but even unrestricted access to U.S. reserves would only result in another 500,000 barrels a day at the outside, a piddling help to our country that consumes 21 million barrels a day. The bottom line is, none of those ideas will help us lower gas prices in the short term. How about a ban on all long-only commodity funds (LOCFs) and commodity ETFs instead? I believe such a bill supporting the liquidation of these funds could knock a dollar a gallon off the price at the pumps practically overnight. For the past ten years, but particularly in the last five, Wall Street has created and sold commodity index funds, ETFs, hedge funds and online trading to compel investors into buying oil as if it were a stock or a bond, even though oil is anything but. They’ve had incredible success: Since 2003, index investment into commodities, overwhelmingly directed at oil, has grown from virtually zero to now top $350 billion dollars. ETFs have increased by $50 billion in the last year alone and commodity hedge funds, as well as individuals investing in oil, have ballooned similarly. But oil is not like a stock. Commodity markets require equal amounts of sellers to match the number of buyers, and this one-sided appetite to own oil has had one overwhelming effect: driving prices through the roof. And who’s paying for it? It’s not just the consumer who suffers from the wagering taking place with oil. More than 50% of the businesses listed on the New York Stock Exchange have energy as their primary input cost. For businesses both small and large, hyped energy prices threaten our tenuous recovery by stifling new hiring and growth. The high costs of imported oil only serve to fill Middle Eastern sovereign wealth funds with U.S. capital. A recent shocking report from Morgan Stanley puts the total “oil bill” of current crude prices at $2.4 trillion dollars or 3.7% of the total GDP of oil importing countries. For Wall Street, this is just collateral damage. They continue to fight for these new instruments and new markets for the same reasons they created and traded sub-prime mortgage securities and credit default swaps: Wall Street, and particularly the major investment banks, are terrific at trading off of and posting huge profits from these money flows. What can be done to stop this? What’s clear is that oil is just too important a resource — to every aspect of our lives — to be subject to the same financial manipulations as other investment assets like stocks and bonds. Besides just the costs for gas and heat, energy is the main component cost for processing foods and drugs, plastics and aluminum – just about everything we depend upon. A quick way to promote fairer prices would be a direct ban on commodity indexes and ETFs that use futures and swaps. Not one dollar invested in any of these instruments could be mistaken for a “hedge” — they’re all just bets. Our priorities should be clear and non-partisan: the right to bet on oil prices should be less important than the right of consumers and businesses to a fair and honest price. So far, however, this measure to try and control some of the money flowing into oil is not even being discussed. And it’s not a change that anyone should expect any time soon. Wall Street influence in Washington is powerfully strong. Rolling back the clock on financial “innovations” that benefit traders is an uphill battle. Without further action, however, higher oil prices become a self-fulfilling prophecy: rising prices inspire more money to bet on rising prices. As early as this summer, we could be looking at $5 a gallon gas.

Read the full article →

German Consumer Confidence Slips on Economic Worries

April 27, 2011

German Consumer Confidence Slips on Economic Worries

Read the full article →

Increased Lamb Prices Help Sheep Farmers Prosper

April 22, 2011

LUBBOCK, Texas — In his 33 years raising sheep in West Texas, Glen Fisher has never seen it so good. Demand by U.S. consumers is up, imports are down and prices have soared. “You have almost what you can call a perfect storm,” said Fisher, 64, who has about 3,100 animals on his acreage near Sonora. “The great part is we have record prices for lambs – the highest ever by a whole lot.” Last year’s May delivery of lamb fetched about $1.39 a pound; this year the price is around $2.20 a pound, said Fisher, the immediate past president of American Sheep Industry Association. Lamb numbers far outstrip those for mutton. In 2010 about 156 million pounds of lamb was slaughtered at federal and state inspected plants, compared with about 11 million pounds of mutton. About 30 percent of lamb is purchased near Easter and Christmas, and consumers this year likely have noticed the increased cost at supermarkets and nontraditional markets that cater to people of Hispanic decent and those from Middle Eastern and African countries who live in urban areas of the Midwest and Northeast. The price is so high that Abbas Ammar, whose family owns two restaurants and a meat market in Dearborn, Mich., won’t carry it in the market. And he tells the restaurant’s wait staff to steer customers away from lamb. “Eat something else, pay less, enjoy,” said Ammar, who refuses to sell it in his market at $7 a pound. “I want to give a quality product for a low price,” he said. “I know it sounds weird. It’s really difficult to keep our (high-quality) standard and keep it at a low price, so I prefer to say I’m just out of it.” Still, Mazen Munaser, who father owns the Islamic Village Market in Dearborn, said demand remains strong. “It’s the busiest thing that we have in the store,” said Munaser. “It’s at a point that it’s very, very big sales. About 5.5 million sheep are raised in all 50 states, with Texas and California leading the nation. Roughly 35 percent of lamb and mutton are imported to the U.S. About one-third of U.S. sales are through nontraditional markets, which use smaller processing plants, farmer’s markets, direct sales off farms and through local butcher shops. The other two-thirds go through larger commercial plants and supermarket chains. Lately, nontraditional markets have grown more quickly. “The growth of the nontraditional markets has surprised everybody,” said Robert Oreck, executive director of the American Sheep Industry Association. “And it hasn’t peaked.” Higher prices have put meatpackers in a bind, said Greg Ahart, director of producer relations for Superior Farms, one of the nation’s larger lamb processors. If Superior raises its prices, it runs the risk that stores won’t buy and sales could plummet. “We need more product in front of the consumer so if they’re thinking about it they can easily find it,” Ahart said. “There’s got to be a happy medium where everyone can make money and the consumer can still find it.” That increased demand has come amid a drop in supply, in part due to decreased production in Australia and New Zealand, two of the world leaders in production and large exporters to the U.S., Orwick said. Australia has about 70 million sheep, down from 170 million 20 years ago. The drop has been blamed on the ending of a government support program and extended drought followed by recent flooding, Orwick said. In New Zealand, sheep numbers have dropped from about 70 million to 40 million, and many producers have switched to dairies and beef production. Drought also has hurt some producers in Texas, but others in states such as Tennessee, Kentucky, Michigan and Ohio have picked up the slack, Orwick said. There also has been increased interest in buying from U.S. producers, most notably demonstrated by a decision by Super Wal-Mart to sell only domestic lamb for the next two years. “It’s great,” Fisher said. “It’s going to be significant and should tip the demand curve up.” The worldwide drop in sheep populations also has created a tighter supply of wool, which is sold in a separate commodity market. That comes amid near-record prices for cotton and synthetic fibers, which are oil-based. It’s combined to push wool prices to a 20-year high. The sheep association has developed a plan to increase sheep numbers by adding two ewes per operation or by two ewes per 100 by 2014. The group also wants producers to increase the average birthrate per ewe to two lambs per year, and to raise the lamb slaughter rate by 2 percent. The program would mean 315,000 more lambs and 2 million pounds of wool for the industry to market. It also would add $71 million in lamb sales and about $3 million for wool, according to the group’s website. “If we can achieve that that’s a lot,” Fisher said.

Read the full article →

Eric K. Clemons: The Need to Focus on the Correct Issues in Google, Power, and Antitrust

April 19, 2011

A proper discussion of the benefits and limitations of the recent Consent Decree between the Department of Justice and Google, concerning Google’s acquisition of ITA, needs to begin with a discussion of appropriate measures for consumer welfare, the ultimate objective of antitrust regulation, and with a discussion of the relationship between protecting the current competitive process and future consumer welfare. Misconceptions About Google and Antitrust The discussion of Google and antitrust has shifted in recent weeks from relevant market (is Google 65% of paid search, 32% of online advertising, or 3% of all advertising?) and anticompetitive behavior (is Google engaging in ” preemptive line extensions ,” unfairly squeezing out competition by pricing its non-search offerings below cost, or unfairly listing its own offerings above those of competitors?) to consumer happiness and consumer convenience. Mainstream publications have adopted the consumer happiness argument. Indeed, the consumer happiness argument has not only been adopted, but twisted out of all recognition. Bill Gurley writes about the unstoppable Android Freight Train , and describes how Adwords provides Google with an unassailable set of “Castles and Moats,” generating huge cash surpluses, which can then be used to destroy all competition by offering products free: One might yearn to suggest that there is a market unjust here that should be investigated by some government entity, but let us not forget that the consumer is not harmed here – in fact far from it. The consumer is getting great software at the cheapest price possible. Free. The consumer might be harmed if this activity were prevented. And as we just suggested above, the market is finally driving towards software pricing that represents “perfect competition.” How can the absence of competition be perfect competition? And yet, why should we care if the public does not understand competition or competition law? Antitrust really is about consumer welfare, right? It’s not about corporate welfare, right? How could consumers be happier than they are now, when they are getting great stuff free? And if consumers are happy now, shouldn’t regulators be happy as well? If consumers are happy, is there even a need for regulation? Mainstream publications have also argued that consumers are well informed and better able to counter monopolistic behavior than any regulatory agency. Harry McCracken at Time Magazine recently claimed : “Consumers, in other words, tend to be pretty good at figuring out what’s good for consumers. I trust their take on Google and its competitors more than that of any government agency.” There are three problems with this analysis: Consumers are not always the best judges of their own welfare. Happiness and convenience are not always the best measures of welfare. Current happiness and convenience are not always the best measures of long-term future welfare. It should be obvious that consumers are not always the best judges of their own welfare, and it should be obvious that consumers have extreme difficulty judging whether actions will improve their welfare if the results follow from complex interactions, occur after a significant delay, or both. The argument that government should help consumers through regulation sounds paternalistic, but if consumers were always the best judges of their long-term welfare, we would not have problems with smoking or obesity. We know that consumers often make bad decisions when an experience is immediately pleasurable and when harm is deferred or the relationship between cause and effect are complex and not immediately visible. Free software is pleasurable. This free software is funded through excessive charges imposed on companies that need to pay to be found through search; consumers cannot readily observe the harm that comes from these excessive charges because the complex mechanisms by which these charges are passed along to consumers are not directly observable. Again, it should be clear that consumer convenience not always best metric of consumer welfare. Fast food is convenient, but consumers who indulge excessively in fast food incur substantial medical problems and regulators are now arguing against easy access to fast food in public schools. Regulators can and do intervene when consumers over-value convenience and under-estimate the costs to themselves resulting from convenience. Michael Jacobson’s indictment of McDonald’s in the Huffington Post may seem a bit harsh, noting that “McDonald’s has coarsened our palates, expanded our waistlines, clogged our arteries, and brainwashed our children with toy-based marketing” and connecting it to the fact that we now spend over $270 million annually on heart disease; still our national love-affair with fast food suggests that we are not always the best judges of our own welfare, and that we do not always do the best job balancing immediate convenience with long term harm. Finally, it may not be obvious, but short-term consumer gains can still represent long-term harm to the competitive process and long-term harm to consumers. Indeed, antitrust laws are concerned with harm to the competitive process, not merely harm to consumers. Courts have long recognized this discrepancy and rejected any arguments that current consumer happiness is a valid measure of future antitrust concerns, or indeed that current consumer happiness is even a valid measure of present antitrust dangers. 1 Free or subsidized offerings can appear to offer additional choice, but they often kill competition, harming the competitive process. This inevitably reduces consumer choice, which often reduces the new player’s incentive to innovative and allows the new player to charge substantially higher prices. After Microsoft’s offerings destroyed Word Perfect, consumers were left only with Word, with some features (like footnoting and outlining) that remained bug-ridden and inferior for years; the absence of competition also allowed Microsoft to convert Office into a major cash cow. This is not merely an abstract discussion of future power, but a discussion of abuses that are already possible. Likewise, it is not an abstract discussion of consumers being unable to detect harm to the competitive process, but an example of undetected harm already occurring. Google’s revision to its search engine , code-named Panda, substantially reduced the visibility of low quality sites, which is definitely a good thing. But the Panda release also seems to have slammed Ciao.co.uk , a Microsoft-owned company, and a potential competitor as a pricing comparison site, which had been leading an EU competition case against Google. Reductions in visibility of between 81% and 94% have been report for Ciao.co.uk since the update. Not surprisingly, Google claims it is “almost absurd” that the reduction in visibility could have been rigged, although a convincing alternative explanation seems to be lacking. As importantly, as damaging as the changes may be to competitors and ultimately to consumers, consumers do at present appear pleased with the changes. Consumers are happy. And they are being harmed. While current consumer happiness is important, it is not and indeed cannot be the sole measure of antitrust abuse. Notes: 1 – See e.g., Fisherman v. Estate of Wirtz , 807 F.2d 520, 536 (7th Cir. 1986) (“The antitrust laws are concerned with the competitive process, and their application does not depend in each particular case upon the ultimate demonstrable consumer effect. A healthy and unimpaired competitive process is presumed to be in the consumer interest”); Key Enterprises of Del., Inc. v. Venice Hosp. , 919 F.2d 1550, 1560 (11th Cir. 1990) (“A court must consider the effect on competition and not simply the effect on the ultimate consumer.”) This is the first installment in a three-part series on the Department of Justice, Google, and the Consent Decree. Check back later this week for more.

Read the full article →