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July 24, 2008: PIRG, coalition release: Total Recall: The Need for CPSC Reform Now

Total-Recall-100-x-130.jpg [UPDATE: Below are links to Exxon Mobil phthalates lobbying reports, including payments to at least 5 K St. hired gun lobby firms.]

Yesterday we released a new report: Total Recall: The Need for CPSC Reform Now. The report's key finding: Recalls are up 22% in 2008, despite the toy industry's claims they've cleaned up the worldwide mess they made just last year. Meanwhile, 50 members of the House, led by Rules Chair Louise Slaughter and Chris Van Hollen (D-MD), sent conferees a strong new letter urging swift action to finish action on CPSC reform before the August recess. (Note: The current total is 50 signers, although this original letter had 37.)

While 95% of the conference is done, the Senate awaits an offer from the House on critical issues including the Senate bill's phthalate ban (we're for it and Exxon Mobil's against it) and the Senate bill's requirement that all toy hazards be subjected to the new third party testing requirements in both bills (we're for it). Yet, some House conferees are siding with the toy industry, which is demanding that a new provision (in neither bill now) be added that permanently preempts states from auditing or reviewing that new, untested third party testing requirement, or requiring new tests as new hazards arise. We are against that. These and other remaining conference issues, such as why whistleblower protection will improve product safety, are discussed in the report. Links to ExxonMobil lobby reports listing their phthalate lobbying efforts are after the "continue reading" jump:

Continue reading "PIRG, coalition release: Total Recall: The Need for CPSC Reform Now"

Posted by Ed Mierzwinski at 10:06 AM | Comments (0)


New credit card survey from Consumer Action

Our colleagues at Consumer Action have released their annual credit card survey. From the release:

Notable findings:
  • Four of the top ten credit card issuers cited factors beyond a consumer’s control that might cause an interest rate increase such as: "market conditions," "the economy," and "business strategies."
  • 77% of surveyed credit card issuers (17 of 22) answered "Yes" to the question "Can you increase my APR or change my terms 'any time for any reason'?" This includes all Top Ten issuers - even Citibank which pledges not to change a customer’s terms before the card's expiration date.
  • Five financial institutions told CA surveyors that they would reduce a cardholder's credit limit because of perceived customer risk. Factors include: a decline in credit scores, late payments and balances that go too close to the credit limit.
  • These are dismal findings, but buttress our demands for reform. Consumers should not be treated like sheep to be shorn for perpetual fees and interest income. Along with CA and other allies, we continue to push the Congress to enact meaningful credit card reform. Our best chance is that the House FInancial Services Committee will hold a vote on HR 5244, the Credit Cardholders Bill of Rights, before the August recess. More on our credit card work.

    Posted by Ed Mierzwinski at 09:27 AM | Comments (0)


    July 22, 2008: Clock ticking on CPSC bill

    USATodayAdsm.jpg We ran a full page ad in some editions of USA Today yesterday urging Congress to finish the CPSC Reform Act. ExxonMobil and the toy industry are pulling out all the stops to delay it or gut it. If they delay it until after the August recess, there's a chance Congress will not finish the job of protecting America's littlest consumers.

    You can see the ad, and if you like it, help defray its cost, by logging on here.

    ExxonMobil makes phthalates, the toxic chemicals that are endocrine disruptors linked to developmental disorders. The Senate version of the CPSC Reform Act would ban phthalates in children's products and toys to limit this risk. The House has so far refused to take the provision.

    The toy industry is insisting on adding a new harmful layer of preemption to the CPSC Reform Act's (both House and Senate) centerpiece requirement that all toys undergo independent third party testing. It is always a mistake to preempt the right of the states to solve consumer or environmental problems. Some mistakes are bigger than others, though. When you have a new, untested federal law provision -- such as third party testing -- that may not work and may not completely solve the problem addressed by Congress, it would be one of those big mistakes to tell the states they have no authority to to fix what Congress didn't fix.

    Why should Congress listen to the companies that created the mess that Congress is trying to clean up on this matter anyway? Shouldn't Congress listen instead to the state Attorneys General who've been leaders in protecting consumers and who oppose this provision, too?

    Posted by Ed Mierzwinski at 12:31 PM | Comments (0)


    FCC holds "Future of Internet" hearing in Pittsburgh

    Tim Karr of SavetheInternet.com has a nice blog explaining the successful FCC hearing on the Internet held at Carnegie-Mellon University last night: Excerpt explaining the digital divide and need for expanded efforts to make broadband hookups available to everyone:

    America’s digital divide is delineated by class, location and race. Only 35 percent of American homes with less than $50,000 in annual income have broadband, according to the Census Bureau, while 76 percent of households earning more than $50,000 per year are connected. Meanwhile nearly 20 million Americans live in areas not served by a single broadband provider, while tens of millions more live in places with just a single source for high-speed Internet. Just 39 percent of rural households subscribe to broadband service, compared to 54 percent of urban dwellers.
    U.S. PIRG is ramping its efforts to ensure that national infrastructure funding programs include broadband as a necessary "road."

    Posted by Ed Mierzwinski at 09:37 AM | Comments (0)


    July 21, 2008: New York Times editorial board for CPSC reform now

    The New York Times editorial board just posted to its blog Can't We All Agree On This?: Toys Should Not Kill (Or Injure) Children. Excerpt:

    Industry lobbyists have been fighting some of the most critical reforms. The conferees need to stand strong.[...]C'mon, this is a battle between child-safety advocates and anti-breast cancer activists fighting for public health against the toy and chemical industries, who are fighting to protect their bottom line. Is it really so hard for members of Congress -- of both parties --to decide which side to come down on?
    Oh, and ExxonMobil, opponents of the key Senate provision banning the toxic chemical phthalates they happen to make, spent over $3 million on lobbying in the first quarter of 2008 alone, according to its recent lobby report describing its phthalates lobbying. Some of that money went to a web of law and lobby firms working for them. When we get time, we'll post links to their reports.

    Posted by Ed Mierzwinski at 04:24 PM | Comments (0)


    Offsetting "market disruptions," Bank of America buoyed by service charge income

    From today's earnings announcement from Bank of America:

    Kenneth D. Lewis, chairman and chief executive officer, said: "Outside of real estate-related products, our operating results were quite good [...] Record quarterly net revenue of $20.32 billion was driven by an expanded net interest yield, loan growth and higher income from service charges, mortgage banking and investment and brokerage services [...]
    Elsewhere in the release, BofA referred to those real-estate products as affected by "market disruptions."

    From Earnings Fall 44% at Bank of America by Eric Dash on the New York Times website:

    Continue reading "Offsetting "market disruptions," Bank of America buoyed by service charge income"

    Posted by Ed Mierzwinski at 03:12 PM | Comments (0)


    Court rejects FCC fine for Janet Jackson "wardrobe malfunction"

    The U.S. Third Circuit Court of Appeals today threw out the FCC indecency fine totaling $550,000 ($27,500 levied by the FCC on each of 20 FCC-licensed CBS affiliates) over the 2004 Super Bowl halftime show featuring Janet Jackson's infamous "wardrobe malfunction" in the company of Justin Timberlake. Story from the New York Times. Excerpt from a statement supporting the court's action issued by Jonathan Rintels of the Center for Creative Voices In Media:

    Continue reading "Court rejects FCC fine for Janet Jackson "wardrobe malfunction""

    Posted by Ed Mierzwinski at 02:13 PM | Comments (0)


    July 19, 2008: Morgenson: Owe my soul to the company store

    As she often does, Gretchen Morgenson of the New York Times has yet another story explaining how the banking system has gone awry, and now the economy itself is suffering. Her story in Sunday's paper explains how banks no longer merely earn money from reasonable interest, but instead have developed perpetual interest practices magnified by punitive fees to drive Americans deeper into debt. It's backfired as her story Given a Shovel, Digging Deeper Into Debt explains:

    While the circumstances surrounding these downfalls vary, one element is identical: the lucrative lending practices of America’s merchants of debt have led millions of Americans — young and old, native and immigrant, affluent and poor — to the brink. More and more, Americans can identify with miners of old: in debt to the company store with little chance of paying up. It is not just individuals but the entire economy that is now suffering. Practices that produced record profits for many banks have shaken the nation’s financial system to its foundation. As a growing number of Americans default, banks are recording hundreds of billions in losses, devastating their shareholders.
    She goes on to say how bank practices have changed over the last decade:
    Lenders have found new ways to squeeze more profit from borrowers. Though prevailing interest rates have fallen to the low single digits in recent years, for example, the rates that credit card issuers routinely charge even borrowers with good credit records have risen, to 19.1 percent last year from 17.7 percent in 2005 — a difference that adds billions of dollars in interest charges annually to credit card bills.

    Average late fees rose to $35 in 2007 from less than $13 in 1994, and fees charged when customers exceed their credit limits more than doubled to $26 a month from $11, according to CardWeb, an online publisher of information on payment and credit cards. Mortgage lenders similarly added or raised fees associated with borrowing to buy a home — like $75 e-mail charges, $100 document preparation costs and $70 courier fees — bringing the average to $700 a mortgage, according to the Department of Housing and Urban Development. These “junk fees” have risen 50 percent in recent years, said Michael A. Kratzer, president of FeeDisclosure.com, a Web site intended to help consumers reduce fees on mortgages.

    If you want to look to where this all started, look to unwise preemption of strong state consumer protection laws by federal agencies and lazy courts that failed to understand either the law or the implications of their lazy decisions, and look especially to the OCC (PIRG's OCCWatch) -- chief regulator of all national banks, as an enabler of these unfair practices. OCC will claim it was mortgage guys outside their regulatory sphere-- don't believe them. Their national banks were critical players. As Morgenson quotes:
    "Today the focus for lenders is not so much on consumer loans being repaid, but on the loan as a perpetual earning asset," said Julie L. Williams, chief counsel of the Comptroller of the Currency, in a March 2005 speech that received little notice at the time.

    Posted by Ed Mierzwinski at 07:54 PM | Comments (0)


    Paper says 2005 bankruptcy law making mortgage crisis worse

    From Professor Elizabeth Warren over at the Credit Slips blog (excerpt):

    A new academic paper, Bankruptcy Reform and Foreclosure, argues that the 2005 bankruptcy amendments are deepening the mortgage crisis. The article was written by David Bernstein, an economist at the U.S. Treasury who chose to post this analysis as private citizen listing only his home address and home e-mail address. Drawing on data from the Survey of Consumer Finance, he links credit card debt, access to bankruptcy, and mortgage foreclosures.
    Well, I guess if the credit card bankers "won" in 2005, and they did, against the views of every civil rights, consumer and labor organization, joined by independent economists and professors and the bankruptcy judges themselves, then Bernstein's paper is one more piece of evidence that consumers, homeowners, all banks and the economy all lost.

    Posted by Ed Mierzwinski at 03:58 PM | Comments (0)


    July 18, 2008: BW: The College Credit-Card Hustle

    Business Week reporters Ben Elgin and Jessica Silver-Greenberg have posted their investigative story on the relationship between colleges and credit card companies: The College Credit-Card Hustle. It should appear on newsstands Monday. Excerpt:

    Using state public disclosure laws, BusinessWeek has obtained more than two dozen confidential contracts between major schools and card-issuing banks keen to sign up undergraduates with mounting expenses for tuition, books, and travel. In some instances, universities and alumni groups receive larger payments from the banks if students use their school-branded cards more frequently.

    The growing financial alliance between schools and banks raises questions about whether universities are encouraging students to incur additional high-interest debt at a time when many young people graduate from college owing tens of thousands of dollars. Most undergraduates lack substantial income of their own and are especially vulnerable to late fees and other penalties if they fall behind on monthly payments.

    For more on our work in this area, and information on the fair marketing principles we are urging colleges to agree to, go to our website truthaboutcredit.org.

    Posted by Ed Mierzwinski at 03:51 PM | Comments (0)


    Ed Mierzwinski, U.S. PIRG Program Director
    Ed Mierzwinski, U.S. PIRG Consumer Program Director



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    Recent Entries
    PIRG, coalition release: Total Recall: The Need for CPSC Reform Now
    New credit card survey from Consumer Action
    Clock ticking on CPSC bill
    FCC holds "Future of Internet" hearing in Pittsburgh
    New York Times editorial board for CPSC reform now
    Offsetting "market disruptions," Bank of America buoyed by service charge income
    Court rejects FCC fine for Janet Jackson "wardrobe malfunction"
    Morgenson: Owe my soul to the company store
    Paper says 2005 bankruptcy law making mortgage crisis worse
    BW: The College Credit-Card Hustle

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