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<a href="http://www.nytimes.com/"><img src="http://graphics8.nytimes.com/images/misc/nytlogo153x23.gif" alt="The New York Times" align="left" border="0" hspace="0" vspace="0"></a>
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<div class="">February 10, 2013</div>
<h1>Quietly Killing a Consumer Watchdog</h1>
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If you’d like to know why Republicans are trying to shut down the <a href="http://www.consumerfinance.gov/">Consumer Financial Protection Bureau</a>, take a look at three things the agency has already accomplished in its first 18 months: </p>
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¶It called <a href="http://www.nytimes.com/2013/01/10/business/consumers-win-some-mortgage-safety-in-new-rules.html">a halt to predatory practices by mortgage lenders</a>,
ensuring that borrowers are not saddled with loans they can’t afford
and preventing brokers from earning higher commissions for higher
interest rates. </p>
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¶It won <a href="http://www.nytimes.com/2012/10/02/business/american-express-to-refund-85-million.html">an $85 million settlement from American Express</a>, which it accused of deceptive and discriminatory marketing and billing practices. </p>
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¶It <a href="http://www.huffingtonpost.com/2013/01/31/cfpb-college-debit-cards_n_2590611.html">opened an investigation</a>
into questionable marketing practices by banks and credit card
companies on college campuses, which often take place after undisclosed
financial arrangements are made with universities. </p>
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The consumer bureau has taken seriously its mandate to protect the
public from the kinds of abuses that helped lead to the 2009 recession,
and it has not been intimidated by the financial industry’s army of
lobbyists. That’s what worries Republicans. They can’t prevent the
bureau from regulating their financial supporters. Having failed to
block the creation of the bureau in the 2010 Dodd-Frank financial reform
bill, they are now trying to take away its power by filibuster, and
they may well succeed. </p>
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The bureau cannot operate without a director. Under the Dodd-Frank law,
most of its regulatory powers — particularly its authority over nonbanks
like finance companies, debt collectors, payday lenders and credit
agencies — can be exercised only by a director. Knowing that,
Republicans used a filibuster to prevent President Obama’s nominee for
director, Richard Cordray, from reaching a vote in 2011. Mr. Obama then
gave Mr. Cordray a recess appointment, but a federal appeals court
recently ruled in another case that the Senate was not in recess at that
time because Republicans had arranged for sham sessions. </p>
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That opinion, if upheld by the Supreme Court, is likely to apply to Mr.
Cordray as well, which could invalidate the rules the bureau has already
enacted. The president has renominated Mr. Cordray, but Republicans
have made it clear that they will continue to filibuster, using phony
arguments to keep the agency from operating. </p>
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Earlier this month, 43 Senate Republicans <a href="http://big.assets.huffingtonpost.com/February2013LettertoPresidentObama.pdf">wrote a letter</a>
to the president, vowing to block any nominee until “key structural
changes” are made, including a bipartisan commission to run the bureau
instead of one director, and Congressional control of its
appropriations. (It is now financed with bank fees paid to the Federal
Reserve.) </p>
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These arguments are designed solely to give Congress more opportunities
to stop financial regulation. A board evenly divided between the parties
would quickly reach a stalemate and become inoperative, much as the
Federal Election Commission has become. Besides, board members can be
filibustered as easily as a director. </p>
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Other bank regulators, like the Federal Deposit Insurance Corporation
and the Office of the Comptroller of the Currency, are not subject to
the appropriations process, as a shield against political interference.
Congress does, however, control the budgets of the Securities and
Exchange Commission and the Commodity Futures Trading Commission, and
House Republicans <a href="http://www.nytimes.com/2012/06/10/opinion/sunday/lost-the-vote-deny-the-money.html">have voted to strip those agencies</a>
of money needed to regulate derivatives and curb abuses. The consumer
bureau was enacted by law, and now Republicans are using backdoor
methods to destroy it. There is no greater argument for Senate Democrats
to <a href="http://www.nytimes.com/2012/01/29/opinion/sunday/filibustering-nominees-must-end.html">ban filibusters of presidential nominees</a>, particularly when the future of an entire agency is at stake. </p>
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<br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br><br><img src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><br>
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