Consumer Financial Protection

by Elaine Schwartz    •    Jul 27, 2010    •    750 Views

I have been curious about why the new Bureau of Consumer Financial Protection (BCFP), established by the Dodd-Frank financial reform bill, is an independent bureau within the Federal Reserve. While I have not discovered a satisfactory answer, I have learned several interesting facts.

There already is a Consumer Advisory Council (CAC) housed within the Fed. According to its website, the council advises the Federal Reserve Board “on the exercise of its responsibilities under the Consumer Protection Act…” Noting that the CAC had not been effectual, several past and present members suggested that any new consumer protection agency reside elsewhere. Barney Frank, during March, said that a consumer protection council would be a second or third rate group if it were inside the Fed. 

In addition, there already is another Bureau of Consumer Protection in the Federal Trade Commission. Its website says that, “The Bureau of Consumer Protection works to protect consumers against unfair, deceptive, or fraudulent practices in the marketplace.” Through its Financial Practices authority, the FTC “protects consumers from deceptive and unfair practices in the financial services industry.”


The Economic Lesson

A WSJ article noted general facts about the BCFP. Funded by the Federal Reserve, it will create and enforce rules about how financial products ranging from mortgages to credit card fees affect consumers. Its enforcement authority, though, extends only to such large financial institutions as banks with more than $10 billion of assets. Other federal regulators will keep an eye on smaller institutions. Nothing, however, was said about the hierarchy. Does the Fed Chairman have any power over the agency if they provide the funding? 

The FDIC (1933) and the SEC (1934) emerged through the turmoil of the Great Depression. With 19th century panics in mind, the Federal Reserve (1913) was created specifically in response to the Panic of 1907.

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