Ga Young (Gina) Jeon
Blog post Topic: Quelle Surprise! Credit Card Companies Opposed to Proposed Regulation
Author: Yves Smith
To whom does the power belong? The tables have turned as the push for power has shifted.
A continuous imbalance in the financial sector has brought upon greater burden on the financial life cycle as a whole. As a matter of a fact, its creditability was clearly on the risk of becoming endangered. Foreseeing the detriments of their choices the credit card companies continued to savagely eat away at everything that they were able to lay their hands on. It was a war where every weapon of destruction was used to destroy its enemy; in our case, hidden charges, bumped interest rates, “gotcha” fees, and much more. This destructive pattern continued to wrap its complacent citizens under their web. It continued on and on… eventually showing some of the financial sector’s major weaknesses. It was time for the government to intervene. “Gee, I wonder what took them so long.” In every effort to construct a method in which they could save the financial sector, the government began “imposing stringent controls” ( so they say…..). I’ve come to reach the conclusion that ultimately, money is power.. and those who have it have full leverage to control. That being said, changes and implements made by the government that seemingly targeted the credit issuers actually targeted low and middle class consumers. But it became a different situation this time, because those who have once held hands realized that the downfall was soon to come. Smith mentions the MBNA bankruptcy law that was imposed on 2005, which actually drained another $100.00 out of the people who filed for bankruptcy, making another profit of $85 million per year. He said that this time, maybe the credit card companies will be at their knees giving back the money collected during this time frame. This way, the government is hoping for a more strict regulatory policy on credit lenders from lending carelessly to those who cannot afford it.
In addition, the frequent flyer offers that the credit card companies have promised are very close to dying due to the imbalance of oil prices. (Many customers who were in for this treat will no longer stay.)
Smith quotes the New York Times (June, 2008) that now card holders are beginning to recognize their inability to pay back such large amounts of money that have accumulated over time from fees and high interest rates that the financial industry received a smack in the face. Now, they foresee many more regulatory changes on which they had never enforced before.
Before, credit card companies and banks literally pulled interest rates and fees out of their butts. However, this is the reason that our economy has plunged. Many have been pushing for government regulations in which the government would spell the specific regulatory standards for all the banks. Smith mentions that the two regulatory branches: the Office of Thrift Supervision and National Credit Union Administration (Federal Reserve) to formalize the legislation and bring these measures to the table.
The few solutions have been at hand; (and Smith quotes):
1. The “double-cycle” billing, in which interest is charged on some already repaid debt, and all would extend the time required.
2. Lenders may only increase interest rates if payments are more than 30 days late.
3. Protecting younger consumers by not offering loans to them, unless they are fully capable of paying it off.
The problem is recognized, but the credit companies refuse to comply. In the following, I will discuss a few of the credit card company’s argument against legislation, and express my reasoning to why they are flawed: (the following content will be directly quoted followed by my personal opinion.)
1. Capital One Financial Corporation testified in House hearings in March that “it would be unwise-especially at this time- to enact broad legislation that sets payment formulas in statute, redefines critical product features and limits the tools of risk management for consumer credit.”
My analysis:
Long-term solution is not generally sought after, but regulation is needed in order to stabilize the financial sector as a whole. Because we need consumers to be stable just as much as any credit card company, it is necessary to promote safe market conditions; not risky ones. Surely, the term “risk free” does not exist in our market today; however, the term and conditions of “low risk” must come into play, even if it means short-term losses on the bank’s behalf. Thus, I feel that is the best, if not the wisest of all times to enact laws that would promote stability.
2. Ken Clayton, senior vice president for card policy at the American Bankers Association, in Washington, contended in an interview that “regulation can have unintended consequences, including reductions of popular low introductory-rate balance transfer offers and higher prices for prime borrowers.” Fewer balance transfer offers could stifle job creation by entrepreneurs who use credit cards to borrow at the lowest possible cost.
My analysis:
In response to this, firstly, we would not be feeding off of fictitious capital as we are now; and secondly, regulation will only bring about “unintended consequences” if the federal government leaves margins for the banks to make unstable market decisions of their own. Nevertheless, credit card companies will be making money; and in enacting these regulations, we will see an overall change in the stability of the market.
( A Different Perspective)
On the contrary, a professor at the University of Maryland and a bankruptcy expert, called lenders’ warnings about unintended consequences “severely overblown.” Nothing in the proposed legislation would prevent the card industry from continuing to be profitable, Professor Ausubel said: “One can even tell stories where it enables more consumers to emerge from one financial trouble without declaring bankruptcy, so collections might go up and profits improve,” he said.
BUT. . . Those Stinky Selfish credit card companies are SNEAKY SNEAKY!!
Adam J. Levitin, an associate professor of law and credit specialist at Georgetown University, said the proposed rules don’t go far enough. He continues by saying that credit card companies will find a way out of it. Here’s the funny metaphor he uses: he says it becomes a game of Whack-A-Mole, where they put the kibosh on one, the industry finds another way out.
Mr. Levitin continues by saying that they impose certain regulations upon them, and then let them compete their hearts out. The flaw is here. Where they don’t propose enough legislation upon the banks and credit companies… and they DO NOT intend to do so any time soon.