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Tim Chen

Tim Chen

Posted: January 26, 2011 03:33 PM

The past two years have been chock full of financial industry regulation. It all started with the CARD Act in 2009, followed closely by the Frank-Dodd Financial Reform Bill and the much-debated Durbin Amendment. We've been tracking all the changes closely, and went on record in back in May 2010 to say that the Durbin Amendment would no doubt create new fees for consumers.

A few months later, we argued that efforts to regulate the profit margins of big banks will be futile, and that a greater regulatory burden for financial services firms would result in the widespread elimination of free checking accounts. We pointed out that there's nothing in any of the recent regulations that prevents banks from simply moving fee revenue around to other products.

And then in August, when most big financial institutions reported their earnings and held investor calls, their CEOs and CFOs came right out and said all the same things that we'd been warning about. They all said unequivocally that were planning on passing on the costs of regulation through additional fees on services like debit cards, checking accounts, and charge cards. Jamie Dimon, CEO of JPMorganChase even quipped, "If you can't charge for the soda, you're going to charge more for the burger."

The final stage of Congress's hair-trigger bacchanalia of regulation is unfolding right now, as the Federal Reserve fulfills their new mandate and tries to figure out exactly what they are going to do about debit interchange. At the moment they are soliciting comment on a few proposals, such as capping debit interchange rates at 7-12 cents per transaction, and requiring cards to allow two to four possible unaffiliated networks for routing transaction. Any of these proposals would mean substantial reductions in profit margins for credit card issuers.

The wait is over

These issuers aren't sitting around waiting to see how it's going to turn out. All the predictions and rhetoric from the last couple of years are starting to come to life, and it's not looking good for consumers, especially those at the low-income end of the spectrum.

As the WSJ reports, banks all over the country have already started adding new fees to services that most of us have long taken for granted as free. Their first target is debit cards, with some banks starting to charge annual fees of $25-30. Bear in mind that they've spent the last few decades steering their customers towards debit cards as a cheaper alternative to checks.

Some are also considering limited the number of transactions that debit cardholders are allowed in any given month, and even limiting the maximum size of any single purchase. Plus the debit rewards programs that many have grown accustomed to over the past few years will likely come to an end. So all those consumers who cut up their credit cards during the crisis, and vowed to stick with debit, will now have to face paying for their discipline with absurd fees.

The Journal also warns that ATM fees are likely to rise, along with checking account fees. Minimum required balances to avoid monthly fees are rising at banks like Chase, where customers now have to maintain balances of $1,500 to avoid fees, as well as making at least one direct deposit of $500 or more. And Commerce Bancshares has started instituting a $2 fee for every check that customers write, trying to push more of them towards electronic banking.

This just covers checking accounts and debit cards, and doesn't even account for the higher annual fees and greater restrictions these same banks have been imposing on premium rewards credit cards for the past year or so.

Will this create more unbanked Americans?

The biggest problem with these changes is that they fly right in the face of low-income Americans. These are the people who have typically been forced to rely on prohibitively expensive alternative financial services, like prepaid debit cards, payday loans, and check cashing services. Now, they will no longer have any cheaper alternatives in the traditional banking industry.

Increasing fees and minimum required account balances is a way of saying that only those with a lot of money should be allowed the convenience and security of using a bank. And raising the bar just means that more and more will fall under the heading of "unbanked." This is a problem that the FDIC has lobbied against for a while now, as they feel the banking industry doesn't do enough to reach out to and help the unbanked. And now Congress has made their job that much harder.

 

Follow Tim Chen on Twitter: www.twitter.com/nerdwallet

The past two years have been chock full of financial industry regulation. It all started with the CARD Act in 2009, followed closely by the Frank-Dodd Financial Reform Bill and the much-debated Durbi...
The past two years have been chock full of financial industry regulation. It all started with the CARD Act in 2009, followed closely by the Frank-Dodd Financial Reform Bill and the much-debated Durbi...
 
 
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12:35 PM on 02/02/2011
Congress has no business legislating private industry pricing and here's the effect when they try. The consumer is left holding the bag. Don't blame the banks for this one. And if you are considering moving to a credit union instead, they are in the same boat but worse, because they are non-profit entities. I look to see many of them, and small banks, close as a result of this crappy amendment. I suggest we all log on to the fed's website and comment on the Durbin Amendment. Tell them how horrible it is and that it will cost consumers millions in added bank fees. They are taking public comments until Feb 22.

www.interchange-fee-cap.org

This is unconstitutional and flies in the face of free enterprise. It was sold to an unwary congress as a way to save consumers, but it will have the opposite effect.
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HUFFPOST SUPER USER
few77
THE TIME IS NOW
12:54 AM on 01/27/2011
I went old school after Bank Of America and Wachovia robbed me. I cash my pay check. I make deposits and write checks to myself if I need cash. Keep a minimum balance for the free checking and pay some bills online and say hello credit union GoodBYE big Banka. balance is good to go...!!!::::))))
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HUFFPOST SUPER USER
Pearlswan
Born in Philly yet my heart's now in Frisco
08:13 PM on 01/26/2011
Who needs a bank anyway? A bank is a convenience, not a necessity. I thought my grandmother was merely a victim of the Great Depression when she cautioned us all to keep our money hidden at home, as she did, rather than put it in a bank. Now I'm thinking she was a soothsayer! She cautioned us to stay away from doctors and hospitals too. Great wisdom is found in common places and among common people. My grandmother lived to be 90 and bought her first house at age 70 and paid it off in 5 years with the money she kept in her drawers, literally. LOL.
12:41 AM on 01/27/2011
"I thought my grandmothe­r was merely a victim of the Great Depression when she cautioned us all to keep our money hidden at home, as she did, rather than put it in a bank. Now I'm thinking she was a soothsayer­!"

Keep the money at home? Such advice is only one disaster (fire, flood, etc.) away from being seen as devastating. Your grandmother was a fortunate woman. In addition, such advice is risky for people who like to travel. No bank accounts = no check cards = you have to carry around A LOT of money in a foreign location = enough people see you paying for everything with cash and suddenly you're a sitting duck with a target on its back.
12:19 PM on 02/09/2011
I agree MrUnlimited with your point. You will need bank accounts when traveling and such, but I also agree to an extent with Perlswan's grandma too. The reason she believed in that, is because she lived through the last "bank holiday" that the U.S. witnessed in 1933. If you had money in the bank during the four day bank holiday, and you returned after the holiday to get some money out, guess what? NO MONEY in your bank account. Many people were ripped off big time and people like Grandma lost lots of money. Yes, it can happen again, and probably will since we use fiat money and not real money that is backed by gold and silver. I think it's best to keep some money in bank/credit union accounts and some at home in a good secure safe, like a Liberty Safe. But since we use fiat paper money, and not real money, I'm not sure if that's even helpful or not! :-)
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HUFFPOST SUPER USER
getsit
good morning, I'm here
05:40 PM on 01/26/2011
Old fashioned cash is looking mighty good to me. My recommendation is a credit union where you are a member owner.
12:43 AM on 01/27/2011
I'm not a fan of large investment banks, but old fashioned cash is a risky proposition for people who like to travel a lot. Carrying exorbitant amounts on your person (and paying for everything with cash) in a foreign location is just asking for people to follow you and rob you.
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05:00 PM on 01/26/2011
When it comes to banks, things never look good for the consumers, especially those at the low-income end of the spectrum. There is a special circle of Dante's Inferno reserved for the moneychangers and usurers.
04:50 PM on 01/26/2011
I moved my money to a local bank that charges no fees on checking accounts if you have any ONE of these qualifying conditions-

1) direct deposit (which Social Security and disability both do)
2) 5 or more electronic bill pays per month
3) a minimum balance

They also refund all ATM tranaction fees from other banks.

Most credit unions also do this.

Divorce your bank. It feels great!
12:45 AM on 01/27/2011
"Divorce your bank. It feels great!"

Speak for yourself. Unlike the rest of us, you probably convinced YOUR ex-bank to sign a prenup before getting together.

Lol, seriously though, I still have free checking with my bank so there's no need to switch...yet.
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04:31 PM on 01/26/2011
I know that I surprised my local teller when I began to ... cash ... my paychecks.
04:31 PM on 01/26/2011
Puuhleease...on whose backs do you think the "traditional banking industry" made all that lucrative fee income? It was EXACTLY the group of people that you graciously describe as those that "Now, [snip] will no longer have any cheaper alternatives in the traditional banking industry." With the addition of fees -- everyone gets to pay for services they use. Such services were never free, just hidden in the avalanche of fees being dumped on the unlucky 5-10% that wasn't us. Let the other 90% of consumers decide if the fees to use debit are worth it.
12:46 AM on 01/27/2011
You just made an extremely unpopular (but fair) point. Well said. Hidden costs are everywhere in society.
12:29 PM on 02/09/2011
True. No such thing as a free lunch. I have to admit though, I think Visa and Mastercard, who are the big perpetrators passing these fees, make more than enough money and can very much afford to absorb the extra costs. The net profits these outfits make are otherworldly.