Blog Posts By:

Ed Mierzwinski,
Senior Director, Federal Consumer Program

Last month the House canceled floor consideration of the Financial Services and General Government Appropriations bill. FSGG is back on the floor today and tomorrow. We urge support of amendments to protect the Consumer Financial Protection Bureau (CFPB) but, since they won't pass, we urge a no vote on the bill. Here's an updated excerpt from my previous blog.

Today, a panel of the U.S. Court of Appeals for the Second Circuit threw out a preliminary $7.25 billion settlement between Visa and Mastercard and any merchant accepting credit cards (including U.S. PIRG), ruling that despite that seemingly massive payment for past practices that the settlement gave inadequate relief to merchants going forward, as it essentially immunized the networks for any future illegal conduct while providing mostly illusory benefits. Since we accept credit cards from our members, we, joined by Consumer Reports, had formally objected to the settlement as consumer advocates who also happen to be merchant class members (most merchant associations also objected).

Today and tomorrow the House floor showcases a variety of special-interest backed bills designed to eliminate public protections and weaken financial reform. Action starts soon with an attempt to override the President's veto of legislation to wipe away a new Department of Labor rule designed to protect hard-earned retirement savings from Wall Streeters seeking their "share" of your own share. Then, the House will consider the massive FSGG Appropriations bill, which rolls back the independence and authority of the CFPB and other financial reforms. Finally, they've teed up a bill to eliminate the Supreme Court's long-standing "Chevron doctrine," which says that courts must defer to expert agencies in certain circumstances. Without the doctrine in place, polluters and wrongdoers will have more opportunities to challenge public protections.

This month the CFPB issued its proposed rule prohibiting class action bans in small-print mandatory arbitration clauses; in June it is expected to release its high-cost small dollar lending (payday and auto title loan) proposed rule. Meanwhile, as CFPB's industry opponents hide behind astroturf front groups and Congressional opponents use backdoor attacks, a law professor has released a major report finding that "from its inception [in 2011] through 2015 the agency had a 122-and-0 track record in its publicly announced enforcement actions" and that 93% (over $10.5 billion) of funds recovered for consumers have been for deceptive practices -- "[f]ar from a novel legal theory."

Please like and share our new video short (it's less than a minute) letting consumers know how the "CFPB can help." The CFPB, of course, is the Consumer Financial Protection Bureau, established as part of the Wall Street Reform and Consumer Protection Act of 2010.

UPDATED 12 April: The Senate Banking Committee held a stacked hearing on "Assessing Consumer Regulations" yesterday (5 April), although our one pro-consumer witness and pro-CFPB Senators defended consumer protection ably as three industry-backed witnesses and their supporters on the committee had a great deal of trouble proving their case that the CFPB should be dismantled. Tomorrow morning, (7 April) CFPB Director Richard Cordray will present the statutory "Semi-Annual Report of the CFPB" to the committee. We submitted a statement to be entered into the hearing record, as did other Americans for Financial Reform coalition members.

Today, the House Financial Services Committee holds its latest cattle-call markup of a package of industry-backed bills designed to weaken consumer, taxpayer, depositor and investor protections. We've signed a letter opposing the so-called TAILOR (Taking Account of Institutions with Low Operation Risk) Act, which piles redundant requirements onto the Consumer Financial Protection Bureau and other regulators to do what they already do by existing law--treat small banks and credit unions differently than mega-banks. Also, the PIRG-backed Americans for Financial Reform sent up a letter opposing the TAILOR Act and 6 more of the 10 bills on the agenda because they are designed to weaken consumer, taxpayer, depositor and investor protections.

Today, the CFPB is holding a field hearing in Louisville on problems consumers face when opening bank accounts. It finds that big banks frequently offer consumers expensive accounts where they risk overdraft fees instead of affordable accounts. Further, the CFPB finds that the practices of specialty "bad check" credit bureaus make it harder to open accounts. The CFPB issued warnings to both the banks and credit bureaus while providing consumers with new tips and advice.

I am in Brussels today debating consumer protection and the proposed US-European trade treaty known as the TransAtlantic Trade and Investment Partnership or TTIP. Today's public event, and a second public meeting tomorrow (Wednesday with live webstream 9am-noon DC time) comparing the CFPB to its European counterparts, are sponsored by the PIRG-backed TransAtlantic Consumer Dialogue.

(Updated 8 January to add vote results): You've probably heard that the House is soon planning to again repeal the Affordable Care Act (Obamacare). That bill will certainly be vetoed. But the House has other anti-consumer, anti-environmental bills scheduled for floor action this week and next. The bills take aim at agency health, financial and safety regulations and also consumer rights to band together as a class to take their grievances against corporate wrongdoers to court. That last bill would immunize Volkswagen from having to compensate VW Diesel owners for being deceptively sold cars designed to "defeat" air pollution requirements.