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Mike Lux

Mike Lux

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Against Their Own Interests

Posted: 06/ 3/11 12:33 PM ET

One of the saddest stories in American politics, which happens all too often, is when small- and medium-sized community-based businesses lobby against common-sense regulations that would help them compete against the big business conglomerates that dominate their industry. Because of a knee-jerk fear of any regulation, a lot of times the big companies will convince their smaller brethren to be the lead lobbyists fighting something that would actually go a long ways in helping the small guys have a more level playing field with the big dogs.

The classic example lately is on banking policy. The six biggest banks in America control assets equaling more than 64 percent of our national GDP, and because they are Too Big To Fail, they end up getting major market advantages over smaller financial institutions. These Wall Street behemoths' economic clout is making it harder and harder for credit unions and smaller community banks to survive, which is a terrible shame because they are the ones who do most investing in small businesses at the local level. In the financial reform bill that was passed last year, most of the regulations that were passed were designed to create oversight of these biggest banks and leave the smaller ones alone, since the problems that caused the financial collapse were all centered in what the big banks were doing, yet the smaller banks and credit unions frequently sided with the big banks out of a mindless fear of any regulation at all.

One important aspect of this is an issue I have been working on a lot with a coalition of retail businesses and consumer groups, swipe fee reform. If you live in D.C. or in a state or congressional district targeted by the bankers, it's tough to miss the ubiquitous and alarming ads about how Congress wants to take away your debit card. These confusing advertisements -- sponsored by the Electronic Payments Coalition (read: Bank of America, Capital One, Citi, JPMorgan Chase, MasterCard, Visa, et al.) -- imply that banks will be so robbed by the swipe fee cap in the 2010 Wall Street reform law that their customers will have to do without things like free checking and debit cards.

A debit card "swipe fee" is what Visa and MasterCard charge retailers, and in turn consumers, for every transaction made with a card. The fees generally cost businesses 1 to 2 percent of every transaction, and handed $16.2 billion to the big banks in 2009. (Banks and credit unions themselves have admitted the per transaction fees far exceed the actual cost of service.) Sen. Durbin offered an amendment to the Dodd-Frank Wall Street Reform and Consumer Protection Act that required the Federal Reserve to provide some regulation of debit card swipe fees so that the big banks who thoroughly dominate this market (Visa and MasterCard, which are subsidiaries of the big banks, represent more than 80 percent of the debit card market) couldn't just charge any outrageous swipe fees.

When Durbin offered his amendment 63 Senators voted for it, including some Republicans. But the big banks have plenty of money, lobbyists, and influence -- and they keep chipping away at this. The Senate is expected to vote on an amendment to delay any swipe fee reform when they return from recess June 6.

Small banks and credit unions have been convinced to help out their big Wall Street competitors, even though the Durbin Amendment exempts small banks by only applying the fee cap to banks and credit unions with $10 billion or more in assets. In fact, it is clear that small banks and credit unions would actually benefit from the Durbin Amendment .

In its suit challenging the swipe fee cap in the U.S. District Court in South Dakota, TCF Bank shed some real light on how well the small bank exemption will work and help small banks compete with the previously unchecked Wall Street giants:

If TCF begins charging its customers a "swipe fee" or a monthly fee for services, customers will switch to one of the 99 percent of banks not affected by the Durbin Amendment, which can continue to offer free checking/debit account and recover all related costs as they do today. Each TCF branch is surrounded by branches of competitors who are exempt from the Durbin Amendment. Indeed, in Minnesota, for example, only seven banks that accept deposits will be subject to the forthcoming Durbin Amendment regulations, while over 400 exempt banks and savings institutions (not counting credit unions) compete with TCF branches in Minnesota.


Readers of American Banker, an industry publication, also agreed that small banks win under the Durbin Amendment:

(T)here's a healthy dose of skepticism, at least among American Banker readers, that some of the doomsday scenarios bankers are predicting (such as merchants pitching big-bank cards at the point of sale) will come to pass, according to the recent online poll.

Sixty percent of online voters took the side of industry consultant Andrew Kahr, who wrote in a recent Viewpoint that the Durbin amendment will actually help banks under $10 billion in assets because the regulation exempts them from a pending 12-cent cap on interchange fees.


The problem here is that those who oppose the Durbin Amendment can't even get their story straight. It's unfortunate that some community bankers have gotten caught up on the wrong side of this battle, but the bottom line still couldn't be clearer. This is a straightforward fight between Main Street retailers/community banks/consumers and the Wall Street/big bank set. The community bankers and credit unions should be smart and get on the correct side of the issue. And Democrats who are helping the big banks over small Main Street businesses should have their heads examined, because those kind of politics make no sense.

One final point: with the bad news today on jobs, and the Republicans' determination that no new jobs legislation should pass through Congress, it is very clear that the only chance we have for making big improvements in the economy in the short term is by taking on these big Wall Street banks that are hoarding so much money. Swipe fee regulation injects money straight into the economy through lower retail prices and more money for struggling small businesses, so that is one important thing we can do. And we need to force these banks to start writing down mortgages on underwater loans, which would help revive the housing market and inject a major amount of new money into the economy because of lowered monthly house payments. The big banks have way too much of our money, and they aren't making the loans that would create more jobs, so let's free up some of that money to help the economy.

 
One of the saddest stories in American politics, which happens all too often, is when small- and medium-sized community-based businesses lobby against common-sense regulations that would help them com...
One of the saddest stories in American politics, which happens all too often, is when small- and medium-sized community-based businesses lobby against common-sense regulations that would help them com...
 
 
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10:53 PM on 06/06/2011
My credit union wants me to tell my reps to vote against the Durbin Amendment . . . see what they're saying https://www.mhvfcu.com/interchange/.
10:38 AM on 06/06/2011
Ok, I got it. Congress has deemed that its ok for small banks to gouge customers, but not ok for big banks. How is this somehow sound ok to anyone?
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Drdemocrat
08:25 PM on 06/05/2011
If Obama wanted to he would just veto any bill that delays enacting this provision in the Dodd-Frank bill. That would mean that there would need to be 67 Senators and there aren't 67 Senators that would vote for this thing.
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Drdemocrat
08:23 PM on 06/05/2011
Obama can veto any of those bills if he wants to. That would mean that there would have to be 67 Senators to override his veto.
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Jody Dobis
12:16 PM on 06/05/2011
Businesses that create products and services are also consumers of products and services. What additional products and services does a bank or credit card company contribute to the economy? As a result of it's automated processing systems, it probebly ranks very low. The production of a car or refrigerator requires many human workers to complete the product assembly. How much human time is required to process a single transaction at Sears?
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Just19Percent
The People's Cube: Guaranteed Equality of Results
01:13 PM on 06/04/2011
In economic news this morning:

"The ailing US housing market passed a grim milestone in the first quarter of this year, posting a further deterioration that means the fall in house prices is now greater than that suffered during the Great Depression."

Congratulations, Obama; you have redistributed us past the Great Depression. Hoo-ray; Social Justice for all.

Next November cannot come soon enough...
12:17 PM on 06/06/2011
You know phil gramm is a republican, right?

He's way more responsible for this mess than the president.
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Drew Sargent
Born-again human here
12:06 PM on 06/04/2011
Once you accept the reality that big banks are the blood-sucking enemy, you can get very creative to deal with them. The bottom line is they need our buisiness. I recently switched my business to a public credit union and it feels great.

On the other hand, if one complains and whines, but does not take action, big banks win. Let's use our leverage in big numbers before it is too late.
11:34 AM on 06/04/2011
Thank goodness for Senator Tester, the voice of reason in the debate about Durbin's amendment. We need to delay Durbin and study the impact on banks, consumers, and the merchant community. There's nothing wrong with that; make sure it works before it becomes law. Community bankers know that the Durbin amendment, as written, will harm community banks and credit unions. That's why they oppose Durbin.
CarmanK
democrat, retired tax acct
11:12 AM on 06/04/2011
Want to hear a new one! The latest for some restaurant servers. The management takes the SWIPE FEES out of the servers tips/wages. So here we have a new scheme to cheat workers! We really do need protections from the vultures and they are across the spectrum of business transactions not confined to WALL STREET, the king of vultures. Hell, if they get away with stealing billions, why not take a dollar here, a dollar there, a dollar everywhere. White collar crime, victimless?? Unless your kids are hungry, or die, or your home is foreclosed. Not victimless any more.
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frank day
Republican = FAIL
11:55 AM on 06/04/2011
Faved already fanned.
07:31 PM on 06/04/2011
I doubt if that is legal. The federal wage and hour people wouldn't allow it. 'course, some companies will do anything they can get away with.
Here's a fun fact: When a company that has a hazardous wase disposal permit, fails, The thing that actually triggers a plant shut-down by the EPA is failing to meet payroll. EPA waits for that. The wage and hour people go in immediately, and literally remove the workforce, because they are technically working for no wages. This then is deemed to be an "immediate hazard", and EPA enters the site, and physically shuts down the operation.
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09:41 AM on 06/04/2011
I think our problems are a little larger than fees on debit cards.
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satanlite
If ur neibor wtchs Fox Nws wtch ur neibor
10:19 PM on 06/04/2011
Keep thinking that way and those "little things" will soon devour you.
02:40 AM on 06/04/2011
Just thinking out loud:

I like having a debit card....but I still have checks.

What is so terrible about checks anyway?

They take a little more time, you need ID, and the money is not taken out of your account immediately.
However, there is such a thing as keeping a checkbook.

We may not like it, but we can survive without a debit card.

Not to worry, the banks are NOT about to give them up.

As to checking, we can shop around for a bank with the lowest or no fees.
And there are credit unions (which I don't use one ONLY due to distance).
-------------------------------
I just do NOT like to be threatened by a bank.
There are plenty of competitors.
06:06 AM on 06/04/2011
When I write a check, the money is immediately taken from my account and the check returned to me at the counter without swipe fees. The bank is the citizens worst enemy.
03:06 PM on 06/04/2011
nonsense.
07:33 PM on 06/04/2011
So, you don't have a mortgage, or a car payment, or a savings account?
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satanlite
If ur neibor wtchs Fox Nws wtch ur neibor
10:21 PM on 06/04/2011
Look for check fees to be charged next.
01:14 AM on 06/04/2011
Just one more reason why TBTF is TBTS(ave).

It's past time to put TBTF in proper RECEIVERSHIP/BANKRUPTCY so the United States can restructure its economy.

Platform-currencies, such as Visa and Mastercard should not be private monopolies, rather, nationalized so that no one profiteer is excercising SOVEREIGN powers to tax consumption.
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arkymorgan
Nobody knows the trouble I've been...
07:33 PM on 06/03/2011
Of course, there is a remedy: stop (or at least severely limit) our use of bank cards. Line up for tellers - and complain about how there aren't enough of them. Write letters explaining that you are using tellers again because you don't want to be charged fees for electronic banking. Use cash, not credit cards.

My guess is that if a really significant percentage of te population did this, fees would disappear.
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arkymorgan
Nobody knows the trouble I've been...
07:29 PM on 06/03/2011
In the UK, there are essentially no swipe fees at all (In the two years I lived there, I saw two machines charging fees, both in bars catering to the young and drunk.). Apparently, the Brits were smarter than we are and simply refused to use machines/banks that stole their money. So - no fees.

Their banks are still in business.
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allwarisbad
08:34 PM on 06/03/2011
Bailed out by the Fed like ours ...
02:55 PM on 06/03/2011
Mike, maybe you should be asking what it is that stinks so bad that people (or banks or whatever) feel that they are better off voting against their own interests.