Showing posts with label Consumer Financial Protection Agency. Show all posts
Showing posts with label Consumer Financial Protection Agency. Show all posts

Saturday, June 20, 2009

then promptly shot full of holes by promoters who understand how real human beings think and behave

TO BE NOTED: From the WSJ:

"
About Time: Regulation Based On Human Nature

Franklin D. Roosevelt sent Wall Street to the torture rack. Barack Obama is sending Wall Street to the psychology lab.

A key component of President Obama's financial-reform package is its proposed Consumer Financial Protection Agency, which would apply findings from the science of human behavior to ensure "transparency, simplicity, fairness, and access" for borrowers, savers and other financial consumers.

That could make it a lot harder for a part-time worker to end up with an exploding mortgage that eats all her take-home pay. It might even mean that regulators will finally pay attention to the visual presentation of financial data -- color, graphics and other factors that exert powerful sway over your decisions.

Heath Hinegardner

The proposal is an outgrowth of "Nudge," the brilliant book published last year by two University of Chicago scholars, economist Richard H. Thaler and law professor Cass R. Sunstein. A longtime friend of President Obama, Prof. Sunstein has been nominated to head the White House's Office of Information and Regulatory Affairs, a job often described as "the regulation czar."

In my view, a behavioral approach is decades overdue. Financial regulations always have been written mainly by lawyers and legislators -- then promptly shot full of holes by promoters who understand how real human beings think and behave.

Lawyers think that the mere disclosure of risks and conflicts of interest provides the information that investors or consumers need. That is a fantasy. Faced with 47 pages' worth of "Risk Factors," investors come away with a warm glow of safety; risks that seem hard to understand appear unlikely to happen, and people who provide you with lots of detail seem likely to be honest.

To inform anyone, information has to be accessible. The central idea in "Nudge" is what Profs. Thaler and Sunstein call "choice architecture" -- the context, format and framing of how decisions are presented to consumers. You will eat more nuts from a big bowl than from a small bowl. You will choose surgery if you are told it offers a 90% chance of survival; you will reject it if you are told there is a 10% chance it will kill you. The same people who would skip investing in a 401(k) if they had to "opt in" to the plan will participate if they have to "opt out" in order to skip it.

Prof. Sunstein, who is awaiting Senate confirmation in his post, declined to be interviewed. Cautioning that he can't speak for the Obama administration or Prof. Sunstein, Prof. Thaler discussed the new regulatory model. "The standard beer can is 12 ounces," he said. "That makes it pretty easy to compare beer prices. So now consider mortgages. It's not that you regulate the interest rates or the fees. But one way to make shopping easier is to make comparing the products simpler."

Thus, suggested Prof. Thaler, every bank or mortgage broker would have to offer two "safe-harbor" products with "standard terms that are easy to understand": a 30-year fixed mortgage with no points or prepayment penalties, and a five-year adjustable-rate mortgage. The market would set the interest rates. "By having these generic, simple mortgages," said Prof. Thaler, "you make everything else comparable."

Banks and mortgage brokers would remain free to offer more complex kinds of loans. However, added Prof. Thaler, "If the broker sells you a teaser-rate mortgage that you can't possibly afford once it resets, then as Ricky Ricardo used to say, he's got some 'splainin' to do" -- including greater potential penalties from regulators. Mutual funds, 401(k)s and brokerage accounts wouldn't be regulated by the new agency but might well be influenced by its rules.

The proposal is about making regulation intelligent, not intrusive, said Eric Johnson, an expert on decision-making who teaches at Columbia Business School. "If you really do want a complicated, high-cost, high-risk mutual fund, you'll still be able to get it. But making sure that at least one option is not a disaster gives people an anchor."

Regulation that recognizes the limits of human rationality is an idea whose time has come. Like any good psychology lab, the proposed new agency will gather reams of data on how real people actually behave and adjust its rules accordingly, in real time. Of course, the financial industry will adjust its own behavior, trying to outsmart the new rules as fast as they are printed. But the war between the regulators and the regulated might finally be based on a realistic view of human nature, not fantasy.

Write to Jason Zweig at intelligentinvestor@wsj.com"

Wednesday, June 17, 2009

For the next decade or two I imagine regulators will do a pretty good job of policing this. Eventually they won't.

From:

The Curious Capitalist – TIME.com

The financial regulation plan: Mixing the timid with the not so timid

The WSJ and Washington Post both appear to have gotten their hands on the Administration's financial regulation "white paper" (the Post even has a pdf of it). I'll write more on the subject tomorrow, but a couple of thoughts for now.

First, the new Consumer Financial Protection Agency seems like a big deal, and a good idea. It is also, reports the WaPo, already getting critics riled:

They ... are concerned that a consumer agency could be overly restrictive, limiting access to loans and constraining financial innovation.

"This consumer protection agency would be deciding how people get to live as opposed to people getting to decide for themselves," said Kelly King, chief executive of BB&T, a large commercial bank based in North Carolina.

What a load of hooey. We already have lots of regulations that decide how people get to live financially. It's just that right now they're all administered and in some cases written by agencies also charged with making sure banks are profitable. Guess what—protecting consumers and keeping banks profitable don't always go together. There's a lot to be said for separating the two tasks.

Another reasonably bold—and sensible—part of the proposal concerns over-the-counter derivatives. Reports the WSJ:

OTC derivatives that are considered "standard" will be required to be centrally cleared and executed on an exchange, according to the senior administration official. Customized contracts will face "high capital" charges, the official said, with additional transparency for all OTC derivatives either through depositories, clearing houses or exchanges. The move appears aimed at encouraging standardized OTC derivatives.

What's missing from the proposal is any kind of plan for breaking up too-big-to-fail institutions, or for dividing the financial sector between firms that take big risks and those that provide essential services (a modern-day version of Glass-Steagall). The Obama Administration would apparently prefer to keep dealing with the handful of big banks (among them a couple of former investment banks) that have survived the crisis, hoping that more stringent capital requirements will keep them from getting us all into trouble again. But gaming capital requirements is what banks do. For the next decade or two I imagine regulators will do a pretty good job of policing this. Eventually they won't."

Me:

  1. donthelibertariandemocrat Says:

    Maybe because I have a kidney stone, but, for whatever reason(s), I was surprised at how much I disliked this plan. Not so much the details, but the underlying assumptions. I could be wrong, but these seem to be:
    1) We could have had a Debt-Deflationary Spiral or Major Social Disruptions, but we didn't. Hence, the system is not in need of any underlying or fundamental reform. As well, to the extent that we have these occasional busts, they are acceptable given the "Goose That Laid The Golden Egg Theory", which says that we're better off with these busts than fiddling around with the underlying system.
    2) We have an interest based welfare state, and any political solutions should conform to that model.
    After reading it twice, the plan qualifies as fighting the last war, and on all fronts. In other words, they listed all the possible causes, and then proposed an interest based solution to each cause listed. So, I can see some good coming from these proposals. But as to the big picture, I have a view akin to Mr.Fox's view:

    The system of implicit guarantees and too/large powerful/to fail financial concerns will remain.

    The plan is wishful thinking where time and regulation are concerned.

    I could go on, or talk about other specific problems, but the fact that these two problems remain, as they did after the S & L Crisis, all but ensures another crisis that we will have another crisis needn't have occurred.

    I also agree that it's a good sign that they're taking Fraud, Negligence, Collusion, and Fiduciary Mismanagement, seriously, but, without serious investigations of the crimes involved in this current crisis, it will not have the desired potency of deterrence.

    I understand that my option, Narrow or Limited Banking, is going nowhere, but we can still do better than this to protect our financial system. From my point of view, the fact that we came so close to a Debt-Deflationary Spiral, shows that our system is not sound. It will remain unsound, I fear, until we consider the ideas of Simons,Knight,Fisher,Friedman,and Minsky, and construct an appropriately strong foundation for our system.