CQ TODAY – BANKING & FINANCIAL SERVICES
May 7, 2007 – 9:49 p.m.
Advocates Wait for Lawmakers to Act on Consumer Protection Legislation

Congressional Democrats are focusing more than their predecessors on consumer issues such as predatory lending and abusive credit card practices, but consumer advocates are pressing for legislative action.

Lawmakers in both chambers have held hearings and made clear that they intend to recalibrate the balance between consumer and industry interests that prevailed during the years of GOP control. Several pieces of legislation have been introduced but have yet to go to the floor of the House or Senate.

“They’ve done a good job so far. They’ve set the table, but now it’s time for them to serve the food and eat the meal,” said Travis Plunkett, legislative director for the Consumer Federation of America.

Linda Sherry, a director of Consumer Action, said that for all the talk, consumer advocates have been “a bit disappointed” by the lack of consumer protection legislation originating from the Senate Banking, Housing and Urban Affairs Committee, chaired by Christopher J. Dodd, D-Conn., an aspirant for the Democratic presidential nomination.

“We would like to see something concrete,” Sherry said, although she acknowledged that “with Congress, it’s still like herding cats.”

Gail Hillebrand, senior attorney for Consumers Union and director of its financial-services campaign, praised the increased attention to consumer issues and said it’s too soon to expect legislation. She added, “The real measure of this Congress will be how those pieces of legislation do move.”

On financial issues, Democrats have made clear that they recognize the need to address consumer concerns. For example, Dodd focused on abusive practices by credit card companies during the second hearing held by his panel. In his opening statement, Dodd put the industry on notice: “If you currently engage in any business practice that you would be ashamed to discuss before this committee, I would strongly encourage you to cease and desist,” he said.

House Financial Services Chairman Barney Frank, D-Mass., has even more aggressively used his gavel to focus on consumer issues. Among a lengthy list of hearings have been sessions on credit card abuses and mortgage practices that have contributed to the rash of foreclosures roiling housing markets. Those efforts continue with a planned subcommittee hearing on subprime lending.

Neither Dodd nor Frank is considered anti-business. Both are supportive of free markets and have significant home-state ties to the financial services industry. And with their new chairmanships, both receive significant political contributions from the banking, finance and insurance industries. Dodd’s presidential effort also is expected to be well financed by Wall Street interests.

In the Last Congress

Consumer advocates say the Democrats’ focus on consumer financial issues represents a sharp change from the previous Republican-controlled Congress.

In the 109th Congress, the most significant piece of financial services legislation was the 2005 overhaul of federal bankruptcy laws (PL 109-8). That measure, pushed by the banking and credit card industries, made it more difficult for consumers to seek bankruptcy protection from creditors.

Plunkett said groups like his had little voice in the legislative process in the last Congress. Business interests were consulted early on and had a hand in drafting the bills. Things are different, he said, most notably in the oversight of consumer issues conducted by members on both sides of the aisle.

“Oversight was the first step that was absolutely necessary for Congress to eventually move legislation,” Plunkett said. “We give them high marks there.”

Much of that oversight has come from the committees chaired by Dodd and Frank, but other lawmakers also have focused on suspect business practices.

On March 7, the Senate Homeland Security and Governmental Affairs Permanent Investigations Subcommittee held a hearing on credit card practice. Carl Levin, D-Mich., the panel chairman, took credit card issuers to task for “abusive fees and excessive penalty interest rates.”

Even the bankruptcy bill is getting a review from Democrats. Last week a House Judiciary subcommittee held a hearing on the law and its effects on consumers.

“We have heard extensively from the consumer community that many of the consumer banking reforms were problematic,” said subcommittee chairwoman Linda T. Sánchez, D-Calif. “Bankruptcy . . . has become a minefield of ‘gotchas.’ ”

Now that lawmakers have an extensive record on these consumer issues, Hillebrand and others hope that legislation will follow quickly.

On May 3, consumer advocates helped unveil two pieces of consumer-focused legislation. The first, a Senate bill sponsored by Charles E. Schumer, D-N.Y., would set new standards for mortgage lenders and allow borrowers to pursue lawsuits for substandard lending practices.

On that issue, Dodd has advocated a softer approach than has Schumer, focusing more on pressuring lenders to agree to principles aimed at helping people facing foreclosure remain in their homes rather than requiring it through legislation.

The second bill, introduced by Rep. Keith Ellison, D-Minn., would prevent a common practice by credit card companies: raising a borrower’s interest rate for missing some other payment, such as on a utility bill or other credit card.

Source: CQ Today
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