Banks Balk at New Consumer Protection Agency

This post first appeared on Minyanville.

Echoes ripple from the lonely barn, its doors agape, the music of rusty hinges piercing the silence. The horses, long gone, are nowhere to be seen. Yet on the dusty horizon, one can barely make out the silhouettes of badge-wielding regulators astride their trusty steeds, racing in to slam shut those hideous, open doors.

After ignoring repeated warnings about the looming dangers of predatory subprime-mortgage lending, turning a deaf ear to consumer complaints about obscenely high credit-card fees, and generally allowing the financial industry to run amok during decades of wild profiteering and debt-fueled excess, Congress is hastily piecing together a plan to protect consumers from Wall Street.

The Wall Street Journal reports that lawmakers are reviewing draft legislation proposed by the Treasury Department that would create the Consumer Financial Protection Agency, or CFPA, whose sole aim would be to protect consumers from the financial industry. The new agency wouldn't oversee securities under the ever-shrinking umbrella of the Securities and Exchange Commission (SEC) or most insurance products, but instead would play an active role in drawing up federal mortgage-disclosure requirements, as well as enforcing newly enacted credit-card rules.

And in what should come as no surprise, bankers are up in arms.

The American Bankers Association, a trade association, complained that the new agency would "stifle product innovation." According to the ABA's president Ed Yingling, "Basically, the government is deciding what every bank in every circumstance should offer." (Pssst, Ed, that's because bankers proved downright unable to decide what to do on their own without blowing up the lab.)

While one can hardly blame lobbyists for doing what they're paid to do -- lobby -- it's not likely that complaints from the likes of Citigroup (C), Wells Fargo (WFC), and Bank of America (BAC) are going to find a lot of sympathy in Washington. When an industry displays an abject inability to make good decisions to the extent that its blunders nearly bring down the entire world economy, it should take its regulatory medicine and move on.

To be sure, the agency is likely to be tough on mandate, light on enforcement. But that doesn't mean banks can't still whine about it. After all, the CFPA will be partly funded by the financial industry, so really, how tough can it be expected to be on the very firms that pay its salaries?

The new agency's task of designing regulation in our post-crisis world will be tricky. Indeed, mostly because the crisis hasn't passed.

As noted by Minyanville's Kevin Depew, although the worst of the credit crisis is likely behind us, the debt crisis remains in full swing. Washington doesn't seem to understand this, and is acting as if systemic risk is a term we won't be hearing again. Their focus then, will be to legislate aggressively until the next election cycle, in the hopes of proving to their constituency that they were tough on those Wall Street fat cats -- the AIGs (AIG) of the world that stole from the pockets of ordinary Americans.

This is a typical political response, and will likely result in a period of over-regulation --which will stifle advancements, but will do so in an industry where an overabundance of unchecked innovation ran well beyond its usefulness.

The upshot is that for the few small firms nimble enough to dance around the new rules and step in where behemoth banks are unable to tread, opportunities will be plentiful. Indeed, in the void left when banks went running from all loans that even sniffed of real estate, private lenders are reaping huge rewards.

That's as it should be: Recessions are breeding grounds for opportunity. That is, of course, if you know where to look.