In
the dead of night on October 24, Vice President Mike Pence struck a
blow against consumers, further empowering the banks and financial
institutions that he is beholden to. He is, no doubt, following the
direction of 45, who never met an Obama initiative that he didn’t
want to overturn, or an Obama program that he didn’t want to
abolish.
What
happened? The Consumer Financial Protection Bureau proposed a rule
that would allow individuals to sue banks, credit card companies, and
other financial institutions. It gave people the right to sue in
class action lawsuits, and effectively overturned the fine print you
find in your credit card bill, fine print that says that if you use
that particular card, you can’t sue, but instead must submit to
mandatory arbitration.
Theoretically,
arbitration saves court costs, but it also protects those bank and
credit card companies that exploit. Those who opposed the new CPFB
rule said that the costs of litigation would impose a burden on
financial institutions. What about the burden that is imposed on the
people who have been regularly ripped off by some of our nation’s
largest financial institutions?
Some
background – many Republicans abhor the Consumer Financial
Protection Bureau and the legislation, the Dodd-Frank Wall Street
Reform and Consumer Protection Act (2010) that created it. They have
been jockeying to amend Dodd-Frank to give banks and financial
institutions “some relief”, and if they had their way
they’d likely eliminate CFPB. The Department of Treasury,
which houses the CFPB (though it is an independent agency and is
funded by the Federal Reserve Bank), has accused the agency of
“regulatory overreach.” CPFB’s first director,
Richard Cordray, was appointed to a five-year term by President Obama
in 2013; his term expires in 2018. Then 45 will have the opportunity
to appoint his own director, someone who will likely be far less
zealous in protecting consumers than Cordray has been.
Only
two Republican senators, Lindsey Graham (SC) and John Kennedy (LA)
voted with Democrats to preserve the individual and class right to
bring lawsuits against predatory banks. But the Republican who have
been railing against 45, Flake (AZ) and Corker (TN) voted with the
status quo. And, disappointingly, the maverick Arizona Senator John
McCain, voted to curtail consumer rights. Still, the 50-50 vote
required the vice president to break the tie. And we certainly
wouldn’t expect him to stand up to his boss and cast a vote for
consumers!
According
to its website, the CFPB’s job is “to make consumer
financial markets work for consumers, responsible providers, and the
economy as a whole. We protect consumers from unfair, deceptive, or
abusive practices and take action against companies that break the
law. We arm people with the information, steps, and tools that they
need to make smart financial decisions.”
The
CPFB’s purpose seems solid and necessary, especially as its
director, Richard Cordray, says the Bureau’s priority is
mortgages, credit cards and student loans, all areas where
transparency and consumer protection are important. But Corday is
likely to leave his office early, some say to run for governor of
Ohio. When he walks out the door, so will consumer protections, as
45’s pattern is to appoint people to lead agencies although
they disagree with the agency purpose. He will probably find a
disgraced bank President, perhaps even one who is behind bars, to
lead CPFB!
The
vote to force arbitration and prevent lawsuits was the Senate’s
way of declaring war on consumers. The Republican focus on “free”
markets only reminds us that markets are not free when one party has
significantly more power than another. One consumer hardly has the
wherewithal to stand up to a large bank or credit card company, but a
class of consumers can collectively flex power in the fight for
fairness. 45 and his team have not only declared war on consumers,
but also war on the collective, as we see with their hostility to
organized labor, a hostility likely to be reflected in upcoming
Supreme Court decisions.
This
represents another victory for predatory capitalism and for
exploitative financial institutions, and another loss for consumers!
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