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07/11/2010

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Pandora Bracelet

From discussions with Fed officials, I gather that market concentration is leading to rising interchange fees, which are being used to shift liability for fraud from acquirers to issuers. I am happy to defer to their expertise about the markets they regulate. In addition, the Fed will soon have to take a decision on whether to allow US banks to deploy the EMV "Chip and PIN" card payment system that's used in Europe and is currently being rolled out in Canada. That has been bad news for both customer protection and overall fraud levels, as it was engineered from the start to facilitate liability shifting. (If you dispute a transaction with your bank, then if a signature was used the bank blames the merchant; if a PIN was used, the bank blames you.) I can well understand the Fed's desire to have regulatory tools to cope with the likely consequences. And if there's only going to be one bank regulation bill this decade, it's quite rational for the Fed to use it to acquire the powers it feels it needs.

Pandora Bracelet

In addition, regulators are often “captured” by the firms they are regulating, not necessarily because the regulators are corrupt, but because they are mainly exposed to arguments made by the banks and other groups they are regulating.


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Mortgage lenders point of view, which have affected consumers in the new rules put into the loan originators. The bill would make it even more difficult for brokers and correspondent lenders to compete with banks regulated by the federal government and are exempt from licensing requirements that were established.

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According to Gary Becker, University Professor Department of Economics and Sociology and Professor Graduate School of Business, The University of Chicago, the Dodd-Frank Wall Street Reform and Consumer Protection Act has five “major defects.” While commenting that not everything about the bill is bad—bringing derivatives trades onto exchanges is one example of what Becker thinks is good in the bill—Becker noted that the “disturbing parts of the bill are more important.”

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Further, even if there were potential appearance issues regarding the timing of the fundraising events at issue, the nature and duration of these events were dramatically different from the DeLay matter and exhibited no characteristics of special access.

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