Mammoth Federal Agency Threatens Local Banks and Businesses

 

By Rod Hirsch

 

Already reeling from a crippled economy, local banks and businesses are looking down the barrel at another layer of regulation and bureaucracy that industry experts warn could cripple small businesses and stifle the availability of capital to finance expansion, replace inventory, purchase supplies or cover payroll.

 

A far reaching piece of legislation weaving its way through Congress intended to protect the American consumer from unfair financial products and practices could further tie the hands of banks currently accused of closing the lending tap and paralyze small businesses,  the nation’s largest employment sector, according to bankers and business leaders in Washington and New Jersey.

 

 

The Consumer Financial Protection Agency Act pending in Congress reportedly will make it more difficult for small businesses like printing company AJ Images of Roselle to secure credit and financing.

 

 

The Consumer Financial Protection Agency Act (CFPA) is a goliath package of regulatory reform prompted by the colossal meltdown of Wall Street and the nation’s

banking and financing system. The legislation, which would create the Consumer Financial Protection Agency, was passed by the House of Representatives in December and is pending in the Senate.

 

The CFPA will protect consumers from dangerous and usurious financial products and services, according to the bills’ sponsors. It would have the power to set basic standards for financial products, ban practices such as teaser rates on loans, and require easy-tounderstand contracts for credit cards and mortgages.

 

The U.S. Chamber of Commerce, representing more than 3 million businesses and organizations, strongly opposes the CFPA and has mounted a national lobbying effort against the bill. The chamber maintains the agency would add an unnecessary layer of regulation on banks, reduce choices of financial products, stifle innovation and make credit even harder to get.

 

“The CFPA is the wrong approach to consumer protection,” said David Hirschmann, president and CEO of the chamber’s Center for Capital Markets Competitiveness. “Rather than directly addressing the failures in regulation that contributed to the current economic crisis, the CFPA simply adds a new agency with unprecedented power on top of a broken regulatory system.”

 

According to the chamber, many suppliers of consumer financial service products are small firms such as community banks. It contends the CFPA would harm these smaller suppliers by imposing fixed costs of compliance that weigh disproportionately on smaller firms and encouraging product standardization that benefits larger entities.

 

In addition, only larger firms have the sophisticated legal staff to cope with waves of

new regulations. The CFPA will hurt small businesses, as well, the chamber maintains. Many rely on credit cards, home equity loans, auto title loans and other sources of consumer lending to finance their businesses. The CFPA would likely reduce an important source of credit to small businesses, creating a credit squeeze that would likely result in business closures, fewer startups and slower growth.

 

In addition, the CFPA will adopt a one-size-fits-all approach to consumer protection

that ignores the fact that small businesses use consumer financial products differently than the average consumer, according to the chamber.

 

“This would create such uncertainty that banks would begin offering only plain vanilla

financial products to protect themselves from liability and more visits from the regulators,” Hirschmann said. “Proponents think that’s a good thing. What we know is that as a small business, plain vanilla simply isn’t available. If the small business owner can’t get loans based on title loans, home equity, a personal credit card, they wouldn’t be able to keep their doors open.”

 

In addition, the CFPA will have unprecedented power to regulate industries across a vast spectrum – not just financial institutions, but hundreds of thousands of other businesses such as retailers that sell gift cards, high schools and colleges that provide financial literacy courses, technology companies, media companies, lawyers who advise consumers on tax or debt matters, and many retailers, utilities and doctors that let consumers pay their bills over time, according to the chamber.

 

“Consumer protection is a fundamental part of financial regulation. How to do it the right way is our concern,” Hirschmann said. “Consumer protection failed under the current structure. You only need to look at sub-prime loans, Bernie Madoff and other things.

 

“From our perspective, creation of yet another stand-alone regulator with sweeping powers is the wrong way to do it. The current structure already suffers from too many layers…Our beef with the CFPA is that it is overly broad and seeks to regulate those who had nothing to do with the regulatory crisis.”

 

There are seven regulatory agencies already responsible for protecting consumers that have the authority to prevent most, if not all, the abuses that brought harm to consumers, including the Federal Trade Commission, the Federal Reserve, the Federal Deposit Insurance Corporation and others, according to the chamber’s analysis.

 

“The right approach to improving consumer protection is to first take immediate steps to address the agencies’ failure to use their authority to monitor potential abuses and take the necessary actions to stop them,” Hirschmann said. “Where there are gaps in regulatory authority, Congress should fill them.”

 

Specifically, the chamber recommends creating a Consumer Protection Council to ensure coordination of regulatory and enforcement actions among the federal financial regulators.

 

Locally the CFPA is opposed by the New Jersey Bankers Association (NJBA).

 

“One of our primary objections to the CFPA is setting up an agency to regulate banks as well as others,” said Jim Silkensen, co-president of the association. “We wouldn’t care if it were set up to regulate mortgage bankers and those more lightly regulated industries that were part of the problem with what happened with the economy.”

 

Silkensen cited the sub-prime mortgage fiasco that triggered the financial meltdown.

 

“Traditional banks like those in the NJBA have been very tightly regulated by the FDIC and other agencies and continue to be,” Silkensen added. “There is no need to create yet another bureaucracy to govern consumer protection.”

 

Silkensen also is concerned that the proposed agency would wield too much power.

 

 “The agency has extraordinary powers as written,” he said. “It’s able to dictate almost anything – what products banks could offer, how they were to advertise. That’s just not necessary for banks. New Jersey banks are very conservative in how they underwrite loans. I’m not aware of any bank in New Jersey that was marketing sub-prime mortgages.”

 

The Independent Community Bankers Association opposes the CFPA, as well.

 

“The impact of the CFPA on community banks is that it would impose additional burdens which would further divert the banks’ attention from serving their core business and having to focus more and more attention on additional regulations,” said Steve Verdier, executive vice president & director of congressional affairs for the association.

 

“One thing we’re trying to do is redirect this effort towards financial providers that have not been examined the way community banks have been examined…We want to make sure the big banks are under tougher scrutiny and that brokers don’t continue to engage in wild practices. The mortgage story had fundamental problems. Non-bank lenders persuaded people to take out mortgages that were absolutely ridiculous so they could then sell those mortgages to other banks on Wall Street. We know what those results are.”

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Health Care Reform Old Hat for

Union County Non-Profit

 

By Gina Diorio

As health care costs skyrocket and companies look to limit or even cut employee coverage, offering comprehensive benefits, keeping costs well below national levels and saving money in the process seems more like a carnival elixir than a real prescription.

 

Yet one Union County non-profit is doing just that and has the record to prove it.

 

For 20 years Community Access Unlimited (CAU), an Elizabeth-based human services organization serving people with disabilities and at-risk youth, has been bucking the trend of ballooning health insurance costs and setting a standard for organizations nationwide.

 

“Back in the late 1980s, we had…the typical major medical and catastrophic insurance,” said Sid Blanchard, CAU executive director. When Blanchard learned CAU’s health insurance costs were poised to spike 50 percent, the typical approach went out the window.

 

“I said this is unacceptable. There’s got to be a better way,” he recalls.

 

Blanchard chose to tackle health care with the same entrepreneurial mindset he used in growing CAU from a limited venture funded by a one-year, $90,000 grant and operated out of his car to a $30 million agency with 500 full- and part-time employees. He researched health care options, consulted experts in various fields and chose to self-insure the agency in 1990.

 

CAU has been enjoying below-average health insurance increases ever since.

 

In 1999 CAU adopted a Voluntary Employee Beneficiary Association (VEBA) to further help contain costs. Established by the IRS under section 501(c)(9) of the Internal Revenue Code, a VEBA is an association created to provide life, sick, accident, and other benefits to members or their dependents or beneficiaries.

 

Initially CAU’s self-funded plan mirrored the benefits of a traditional plan. Today, however, the advantages of the agency’s chosen path are striking.

 

For example, according to the National Small Business Association, 10 percent of

small businesses are considering canceling health care coverage. Conversely, CAU offers comprehensive coverage to nearly 300 enrolled individuals and will even be adding benefits in 2010 – all with no employee premium payments.

 

Moreover, while a report by the Johns Hopkins University shows more than 35 percent of U.S. non-profits saw health insurance costs jump by 11 percent or more during the past year, CAU has held increases to just 3.3 percent in each of the last five years, and Blanchard projects no increase at all for 2010. The agency’s monthly cost for base coverage is about $460 for an individual and $1,150 for a family.

 

Furthermore, as a side benefit of controlling health care costs, CAU is able to pay

employees slightly more than most non-profits.

 

“We’re able to take the money that would normally pay for typical industry rate increases of 10 to 15 percent per year (and) utilize that money to invest back in our employees,” Blanchard said.

 

According to Eric Burckhardt, senior consultant at Meritain Health – CAU’s plan administrator and the nation’s largest independent service provider for self-funded health plans – the key to successful self-insuring and cost containment is understanding past experience and where claims dollars are going.

 

“You’re paying for what you use as opposed to paying for what everyone else in the pool is using,” he said. “You’re really buying (coverage) a la carte…The end user sees they have insurance coverage, but if any one component … doesn’t work or needs to be changed, we can swap in a different component.”

 

In short, Burckhardt notes, it is not one size fits all.

 

Although CAU has saved approximately $1 million in health care costs over the last five years and currently enjoys a VEBA funded to $2 million, for Blanchard the story is really about people.

 

“It’s a matter of caring and caring about doing the right thing,” he said, noting most of CAU’s employees are single heads of households and many are women and minorities. “The people who work here tend to be moderate-income people…Health benefits are essential.”

 

CAU’s success does not mean the journey has always been easy. Not only does self-funding require added effort but it also demands the courage to do something different. Perhaps this is why CAU is currently the only non-profit in the nation to employ this model.

 

Blanchard would not have it any other way.

 

“It’s the golden rule: those who have the gold make the rules,” he said. “I knew that if we were going to be effective, we were going to have to be able to control our destiny.”

 

By taking an entrepreneurial approach to health care, CAU has overcome powerful trends to do the seemingly impossible: meld access with affordability and provide comprehensive and expanding health benefits to employees and their families. While the rest of the nation waited for Congress, health care reform has become a reality for at least one pioneering non-profit.

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By Andy Gole

Previously I have written of the three fatal flaws in designing a selling process:

 

   1. Assuming prospects enter conversation with serious intent – they won’t.

   2. Assuming prospects believe what we say – they don’t.

   3. Assuming prospects know how to make a decision – often they can’t,

particularly for infrequent decisions.

 

Management ignores these flaws at their peril.

 

Selling is further challenged by these self-inflicted wounds salespeople bring to the

selling process:

 

   1. Putting social values before business values – the major cause of salesperson failure.

   2. Refusing to accept the standard of “earning the right” to business.

   3. Operating on a “best efforts” vs. “do or die” basis.

 

Management and ownership too often ignore these flaws and self-inflicted wounds, itself another fatal flaw that dooms the selling effort. It’s an unintended negative consequence of proper risk management.

 

Risk Adjustment – system design failure

 

Consider what we learn from the article, “Is Your Risk System Too Good?” which appeared in Risk Management Association in October. The article describes how proper risk management often leads to overconfidence and, unintended, more risky behavior.

For instance: if your car has anti-lock breaks, four-wheel drive and passenger and side air bags, you might feel safe enough to drive 65 mph on ice. After all, you reason, there are safety systems protecting you. Your driving behavior is riskier than it would have been in the absence of these risk mitigants.

 

The article describes how Bankers Trust and Long Term Capital Management failed despite industry leadership in risk management. The strength of the risk management system led to top executive overconfidence.

 

Could a similar phenomenon occur with corporate sales management?

 

Companies invest in product development, facilities, branding, etc., to establish powerful market positions. Ownership’s reliance on successful corporate strategy leads to a risk adjustment, regarding both the importance and proper deployment of the sales team. Strategy is supreme, sales a hanger-on, perhaps a necessary evil.

 

By contrast, in a healthy company selling is embraced as a multiplier of successful strategy, helping provide the cash flow to fund the company’s next breakthrough.

 

Not surprisingly, ownership and management often allow salespeople to become order takers – having concluded they can rely on corporate strategy. The unholy alliance between salespeople and management is enshrined:

 

   • Salespeople don’t sell properly because of their value systems, putting social values before business values, and also because they don’t have a process to overcome the three fatal flaws.

   • Executives aid and abet these defects, relying on their risk mitigants, on corporate strategy. They aren’t motivated to solve the three fatal flaws, to teach salespeople to put business values first. (Perhaps they also put social values first).

 

Successful corporate strategy becomes a narcotic, numbing executives, causing them to ignore their sales management responsibilities.

 

Fortunately, there is a solution. A change in system design is necessary. It has these components:

 

   1. Sales must be seen as a multiplier of successful strategy. Proper selling increases the rewards of successful strategy.

   2. To prevent the natural operation of risk adjustment, the positive impacts of corporate strategy must be divorced from selling.

 

No matter how strong the corporate strategies and results, the sales department must operate on the premise sales are declining or a decline is imminent. This will defeat the unintended consequences of risk adjustment.

 

The sales team must be developed into a team of warriors, constantly improving skills, in good times or bad.

 

There must be a permanent crusade.

 

Such a team can deliver a 20 percent increase in sales and prevent risk adjustment.

 

© Bombadil LLC 2010

_______________________________________________________________________________________________

Andy Gole has taught selling skills for 14 years. He started three businesses and has made approximately 4,000 sales calls, selling both B2B and B2C. He invented a selling process, Urgency Based Selling®, with which he can typically help companies double their closing or conversion ratio. Learn more about Andy’s method at www.bombadilllc.com or by calling him at 201.415.3447.

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By Joe Takash

 

As 2010 moves forward and we face another uncertain year in business, companies must equip themselves with smart practices to position themselves for greater opportunities as the year moves forward. These begin with those who lead the company. Here are four tips leaders must consider to keep performance and profit from going right back up the chimney.

 

Retain your top talent

 

Communicate with your people. In the absence of feedback, people will create their own and it’s usually negative. Your people must be informed about what is going on, why things are happening and how they contribute.

 

Make individual meetings a standard. The only way to truly get the best ideas and

perspectives out of people is in a trusting atmosphere. In business environments, group settings are not that atmosphere. Meeting with your folks individually, ask open-ended questions and listen. Companies are failing because they don’t practice this crucial leadership technique.

 

Compliment people. Do you remember how it feels when someone provides you

encouragement and positive feedback on your unique qualities? We all share the common need for appreciation. Be creative and courageous. While it’s important to state the needs for improvement and performance, be sure to express what people are doing right.

 

Determine what motivates your people

 

Think about a sports team that may be talented but doesn’t play with passion. They

place themselves in a far more vulnerable place, one that is susceptible to defeat. Similarly, leaders, like coaches, must find what motivates their staff members and intact teams. Doing so allows them to maximize their confidence, talent, performance and creativity.

 

Tapping into the motivations of your organization creates a winning energy. In a time when so many companies are operating from a place of of fear, you can differentiate yourself with a play-to-win approach because you have a motivated workforce.

 

Embrace a culture of teaching leadership

 

Business leaders have teaching moments every single day. By what they say and do they are influencing right and wrong, ineffective decisions and smart choices. A teaching leader is an individual who realizes this. They make educating and developing those around them a priority value.

 

The challenge around leaders who teach is they really don’t know how to do so. Teaching hasn’t occurred until learning has been confirmed. Telling isn’t teaching. Data dumping is not educating. Executives must practice focus and patience. They must be great listeners and understand that direct reports learn in different manners. Some are analytics who require visual repetition. Others need to be shown how to do things and physically practice them.

 

These components of business education are integral for establishing a culture of learning, teaching and constant development. The teaching leader is a rarity because it requires an others-centered ego while simultaneously accomplishing the complex responsibilities that many organizations require.

 

Pass the bucks(s)

 

As employees evolve into positions of management, responsibilities expand, necessitating leaders to lead people and get away from the daily tasks.

 

Unfortunately, many managers are either not comfortable with big picture leadership and the interpersonal requirements of higher leadership or they can’t let go because they feel like things will not get done the right way or fast enough if they don’t do it themselves.

 

Learning to let go is not easy, particularly for those who are high-controlled and very

organized. Yet it can be done and must be done if an individual is to go to a higher level in an organization. As importantly, not letting go can be disastrous for eroding trust and killing the motivation and development of emerging leaders.

 

Leaders should incrementally delegate responsibilities. In time, they’ll realize that their team members can accomplish more than they ever thought and (gulp!) can periodically do things better and faster than they can.

 

Letting go creates a culture of capable, talented team members who can contribute value and success to an organization from many different vantage points.

 

Joe Takash is a behavior strategist and founder of performance management firm Victory Consulting. He can be reached at 1-888-918-3999 or  www.victoryconsulting.com

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Inside Views

 

You Can't Always Get What You Want

 

The recent passage of health care legislation a couple weeks back by the U.S. Senate was really touch and go. Not because the passage was ever in doubt.

 

The difficulty was the ability to end debate and bring the motion to a vote.

 

While passing a piece of legislation requires a simple majority of 51 votes, ending debate requires 60 votes. These 60 votes were only garnered by serious changes to the legislation and huge bribes to a couple of western and southern senators.

 

Many think this oddly called cloture rule is unconstitutional and not what our founding fathers intended.

 

Cloture rules which end debate, sometimes called filibuster, are a tool of the minority. They are used to prevent important matters from being decided.

 

While it is true that the founding fathers did not include the cloture concept in the Constitution, I think they would see it as an important and useful rule. The Constitution was designed to provide checks and balances.

 

Its intent was to ensure that studious effort went into any decision, and that compromise was achieved. The thought of ramming something through would have been abhorrent to its framers.

 

The tyranny of the majority was a key concept to Alexander Hamilton and James Madison, the two major intellects behind the Constitution. They understood that for a democracy to succeed, the rights of the minorities had to be protected from the passions of the majority.

 

In fact, the Senate was set up primarily to ensure this. At the time the Constitution was written there were 13 states. Some like Virginia and New York had large populations. Others like Rhode Island and Vermont did not. The small states needed protection from the large states and a body that equally represented all states

would offset the power of population as represented in the House of Representatives. The Senate was to be another check on the passions of a majority faction.

 

Okay, so why wasn’t this enough? Why did someone come up with the idea of the filibuster and later the concept of cloture to bring filibusters to an end?

 

What Madison and Hamilton did not foresee was the ascendency of political parties, at least when they were framing the Constitution. Parties are by definition factions. Their power is their ability to get their members elected and then control them once they are in office. In this country for some reason we have always had two major parties, meaning a majority faction and a minority faction.

 

Interestingly, when Hamilton started running the government (he was Secretary of the Treasury in Washington’s administration), he did an about-face and created the first faction which ultimately became the Federalist Party. He did this so he could ram his agenda through Congress. Thomas Jefferson, his arch enemy, founded the Democratic-Republicans with James Madison to stymie Hamilton and push his own agenda.

 

Filibusters came along in the 1840s as a way for the minority to stop the majority from doing what it wanted. The idea of closing off debate, i.e. ending a filibuster, was a new rule added during the Wilson administration. Back then, it took 67 votes to end a debate.

 

The legislative strategy of using debate to prevent action is as old as this country. It has often been used to prevent or delay very admirable pieces of legislation. One of the most effective filibusters was Senator Robert Byrd from West Virginia using the technique in an attempt to prevent the passage of civil rights legislation by a coalition of northern Republican and Democratic senators.

 

More recently, when the Senate was controlled by Republicans during the Bush administration, there was a lot of talk about reforming the system of cloture. At that time the minority Democrats were using filibusters to block judicial appointments and prevent an earlier attempt at health care reform known as association-based

health plans.

 

So pray that we keep the present system. The health care bill that finally passed is a lot better than it would have been without cloture. You may not always get what you want, but this system prevents the tyranny of the majority.

 

James Coyle

President

Copyright James Coyle 2010

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Where The Chamber Stands

 

 

Time to Let Business Breathe

 

In the state of New Jersey it is illegal to sell spray paint without posting a notice of the penalties for graffiti by a juvenile. Really – look it up. In Newark it is against the law to sell ice cream after 6:00 p.m., unless the customer has a note from his or her doctor. In Ocean City diners may not slurp their soup. And there is an ordinance against throwing bad pickles in the street in Trenton.

 

Bad laws, it seems, are fine.

 

While these laws are comical and, one presumes, rarely if ever enforced, regulation f the business community in New Jersey is more of a tragedy than comedy. New Jersey is burdened with volumes of very real laws, regulations and red tape procedures that have been suffocating economic development for years. With a new administration taking up residence in the statehouse which promises to be business-friendly and streamline government, now is the ideal time to cleanse the state books of this paralysis-inducing death grip of regulation.

 

In 2007 the state Department of Environmental Protection (DEP) proposed 2,000 pages of new regulations that would be detrimental to both existing businesses and new business development – and by extension, employment and contribution to local and state tax rolls.

 

For example, New Jersey is riddled with contaminated sites that require remediation before they can be returned to economically productive use. Yet DEP regulations would require those performing remediation work to provide notice of the work to everyone who works, lives or recreates within 200 feet of the site – in their native language. Clean up the site but first find out if anyone nearby speaks Serbo-Croation.

 

The public access rule provides even more comic tragedy. In an effort to ensure that the public has adequate access to the state’s beaches, lakes, rivers and streams, New Jersey mandates that all private property owners along waterways provide public access – or in legalese, “the private owner may never interfere with the public’s right to access tidal waterways and their shores adjacent to their property.”

 

So anyone wishing to fish off the back of a refinery in Linden should just knock on the guard’s door at the front gate and ask for access.

 

It is no wonder that The Small Business Survival Index 2009 ranked New Jersey 50th out of 51, behind only the District of Columbia. The annual index is released by the Small Business & Entrepreneurship Council and measures 36 major government-imposed or -related costs impacting small businesses and entrepreneurs. The Tax Foundation ranks New Jersey as the second least business-friendly state in the nation. And a recent survey by the New Jersey Business and Industry Association found that just 11 percent of the state’s businesses consider New Jersey a good place for expansion, a record low.

 

As a candidate Gov. Chris Christie repeatedly called for a streamlining of state regulations and procedural requirements to ease the burden on the business community and help New Jersey strengthen its economy. While that is music to the ears of business owners and managers from Cape May to High Point, it should sound good to the state’s residents and workers, as well. The exit of businesses no longer able to tolerate the state’s onerous regulatory environment, combined with a reluctance of out-of-state businesses to relocate here, ultimately hurts both Main Street – with vacant store fronts and empty office buildings – and Elm Street – with lower employment and property taxes rising to cover lost ratables.

 

Plus it just makes sense.

 

For far too long the DEP and other state agencies and departments have treated New Jersey businesses as the enemy. Business owners and managers care about the environment, public health and the vibrancy of the state as much as everyone else. They live here too.

 

If New Jersey sinks, we all sink. It’s time to right the ship.

 

The current blanket of regulations and procedural red tape that is stifling business in New Jersey stinks like an old dusty comforter left too long on a guest bed. It is time to hang it outside and beat it clean. Better yet, let’s bring in fresh linen, open the drapes and windows and let the sunlight warm the air.

 

The Christie administration should clean the books of onerous and unproductive regulations and laws. Keep those that are appropriate to protect consumers and the environment, modify those that could work better and erase others altogether. Making New Jersey more business-friendly will help everyone. There will be more commerce, more taxes and more jobs.

 

We have more to worry about than graffiti, slurping soup and bad pickles in the street.

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U.S. Rep. Leonard Lance (R-7) House Financial Services Committee

New Federal Agency Bad News for Business and Consumers

 

There are many lessons to be learned from the economic crisis that has beset this nation over the past two years. We can all agree that one of those lessons is that the current consumer protection regulatory regime has failed. The current regime is too siloed and too territorial to ensure the safety and soundness of our financial institutions and ensure that American consumers are not taken advantage of by unscrupulous participants in the industry.

 

The disagreement between Republicans and the Democratic majority in the House of

Representatives is not over whether we should revamp our consumer protection regulatory regime, but over how we do it.

 

The Democrats in Congress recently took an anti-business and “government knows best” approach to this problem in approving legislation that could ultimately harm small businesses, slow job creation, reduce choice for American consumers and set back efforts to get our economy back on track.

 

The legislation would create a new federal bureaucracy called the Consumer Financial Protection Agency. While the name sounds good, a book should not be judged by its cover.

 

The majority’s approach would create a new unwieldy federal agency with authority over almost every consumer transaction involving a financial services company, loan or credit card in the United States. It would be headed by an unelected director with nearly unlimited power.

 

I wholeheartedly support revamping and strengthening the consumer protection regimes that oversee the financial sector but oppose the creation of an entirely new agency to accomplish this. The new consumer protection agency could ultimately do more harm than good to consumer credit, a component of our economy that is critical for economic recovery.

 

Creation of a new agency could harm the creation of small business in New Jersey, a state that is already experiencing one of the worse business climates in the nation with high taxes and excessive state regulations.

 

Scores of New Jersey small business owners have told me that this new agency would personally harm them. Gail Rosen, a CPA from Martinsville, recently said, “New Jersey small businesses are still struggling to access the credit they need to start, maintain and grow their businesses and the jobs they create. A new and massive federal agency like the CFPA will only cause further reductions in the availability and affordability of credit, which couldn’t come at a worse time.

Congress should work towards an alternative that will uphold consumer protection without harming New Jersey small businesses.”

 

The approach I supported, offered by the Republican minority on the Financial Services Committee, would create a new council of the existing prudential banking regulators and statutorily increase the regulators’ mandate for consumer protection. Apart from creating a new bureaucracy, the Democratic plan separates consumer protection regulation from the examination of the safety and soundness of our financial institutions. This would be a serious mistake. Our approach would ensure that these two important responsibilities are examined together. Only then can both truly be done effectively.

 

A study by the U.S. Chamber of Commerce found that the new agency would further

exacerbate the credit crunch for small businesses:

 

“The CFPA would likely reduce an important source of credit to small businesses. This induced credit squeeze comes at a time when it is likely that small business credit will be already highly restricted as the lending industry digs out of the current financial crisis....The CFPA credit squeeze would likely result in business closures, fewer startups, and slower growth. Overall, this would cost a significant number of jobs that would either be lost or not created. ...Many suppliers of consumer

financial services products are small firms such as community banks. The CFPA would harm these smaller suppliers because the new agency would impose fixed costs of compliance that weigh disproportionately on smaller firms, and because it would encourage product standardization that benefits larger firms.”

 

We can and must protect American consumers from the bad actors but we don’t need a new federal agency to do it.

 


U.S. Rep. Frank Pallone, Jr. (D-6) Senior Member House Energy and Commerce Committee

Wall Street Reforms to Safeguard Against Another Financial Collapse

Assessing the causes of the financial meltdown that ravaged Wall Street and left many of the largest banks in the world tilting toward bankruptcy, Ben Bernanke, the chairman of the Federal Reserve, said the most significant causes were the absence of regulation and the failure to keep high-risk financial maneuvers in check.

 

What he described was a decade of belief in free markets, wild economic growth and huge profits, a never-ending list of exotic investment schemes and other financial traits that blinded most people to the underlying fault lines. It was a combination that led to the worst recession since the Great Depression.

 

Proponents of an unfettered free market saw the decade as confirmation of their ideology and hoped the good times would continue. They didn’t. Instead, Wall Street imploded, extending to the entire banking community and threatening to take down the national economy. It started with drama and surprise, affecting a few investment firms. Then it spread quickly to the largest institutions with enormous threat.

 

Emphasizing the urgency of the circumstances was an emergency meeting among top regulators, the financial community and leaders in Congress, who were stunned with the news that without an immediate infusion of billions of dollars the economy could crash and burn within days. Even Bush administration officials who are philosophically opposed to government intervention knew that allowing them to fail wasn’t an option.

 

Not because these firms were “too big to fail” but because they represented the new

byproduct of a rapidly-evolving economy that was interconnected and intertwined at so many levels.

 

There were clear indications and causes to the events that led up to this catastrophe.

 

There were heavy investments in real estate fueled by sub-prime mortgages, new and exotic investment schemes and an unhealthy emphasis on short-term profits at the sacrifice of sustained profit making. Congress needed to not only rescue the economy from complete collapse but prevent any recurrence of market failure and lack of confidence.

 

The unregulated financial markets performed like casinos, making investments that resembled high-priced gambles. In the process, tremendous sums of money were “gambled away” in financial schemes that were so complicated that the bankers themselves didn’t understand how they worked. Yet that didn’t seem to matter. As long as they were making money easily and quickly, they didn’t care how.

 

Wall Street took terrible risks and exploited any loophole in what little regulation  existed. These excesses went unchecked, leaving the banking industry vulnerable to a meltdown and, more importantly, unable to effectively respond when it occurred.

 

The damage from Wall Street extended well beyond the investment community. Retirement assets dropped by 22 percent. Job losses created an unemployment rate of 10 percent. More than two million homes were forced into foreclosure. The value of home ownership fell by more than $14 billion.

 

The enormous government bailouts successfully stopped any further damage and we have already begun to see new bank profitability and repayment of taxpayer money. But the job of Congress isn’t done.

 

We need to ensure that bailouts won’t be needed again. More importantly, we need to protect college savings and retirement funds, prevent further home foreclosures, protect consumers from predatory lending and put reforms in place that allow for a broad economic recovery.

 

Those reforms include a Consumer Financial Protection Agency to protect families and small businesses from abusive financial practices. Tough new rules will be put in place to curtail the riskiest practices with the use of others’ money.

 

The Securities and Exchange Commission will be empowered to oversee hedge funds and private equity funds. Basic regulations will be enacted for credit default swaps and complex derivatives. Credit ratings agencies – which fell down on the job – will be held accountable for their work. And the “too big to fail” phenomena will be neutralized with ways of “unwinding” failing banks so they don’t take down others firms.

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Berkeley College made a $1,460 contribution to the Food Bank for Westchester to help those in need this past holiday season. The donation is given annually by the school’s Westchester Campus. Presenting the check to Christina Rohatynskyj (right), executive director, Food Bank for Westchester, is Cynthia Rubino, Berkeley College campus operating officer, Westchester Campus.

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Infineum USA L.P. recently was honored by the New Jersey Committee for Employer Support of the Guard and Reserve, an agency of the Department of Defense, with an Above and Beyond Award in recognition of the support the company provides to colleagues who serve in the New Jersey National Guard and Reserve. The award publicly recognizes American employers who provide outstanding patriotic support and cooperation to their employees serving in the National Guard and Reserve. An Infineum employee currently on duty overseas nominated Infineum.

 

 

John Englishman, Infineum Bayway Chemical Plant manager (center) accepts the Above and Beyond Award from representatives of the New Jersey Committee for Employer Support of the Guard and Reserve.

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Union County College (UCC) recently announced that Dr. Thomas Brown will be

retiring as president and that Dr. John Farrell, Jr., vice president of administrative services and executive assistant to the president, has been named interim president. Farrell began his career at UCC in 1965. During his tenure he coordinated and directed the college’s move from the Scotch Plains campus into the newly acquired Sidney F. Lessner Building in Elizabeth. He holds an Ed.M. and an Ed.D from Rutgers University.

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Employees at the law firm of Lindabury, McCormick, Estabrook & Cooper P.C.,

Westfield, recently donated 48 athletic bags of gifts to Bonnie Brae, a residential

treatment center in Bernards Township. The center, a client of the firm, provides

educational and therapeutic treatment for adolescent boys with behavioral disabilities. The bags were filled with clothes; i-Tunes cards, electronic games and DVDs; books and school supplies; and snacks. The project involved employees in the firm’s three New Jersey offices, located in Westfield, Summit and Rumson.

 

 

Firm employees pose with athletic bags on their way to the Bonnie Brae residential

treatment center.

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Trinitas Regional Medical Center recently broke ground for the new Center of Regional Education (CORE) building in Elizabeth that will allow Trinitas to create a state-of-the-art training facility for anyone seeking health, wellness and medical information, and professional training in the field of emergency response. Designed as a multipurpose center, the CORE building will provide assembly space for community events, classroom space for health education and facilities for paramedic and emergency medical technician (EMT) training. The building will also be home to the offices of the Trinitas Health Foundation and the medical center’s mobile intensive care unit and ambulance services. The building will be completed in early 2011.

 

In addition, Ronald McDonald House Charities of the New York Tri-State Area recently made a significant donation to Trinitas Regional Medical Center for construction of a basketball court for the Residential Treatment Center at the medical center’s New Point Campus in Elizabeth. Additional funds from the same grant were used to purchase computers, monitors and printers for use in the Child InPatient

Psychiatric units.

 

 

Gary Horan, Trinitas president and CEO, accepts the donation from Elke De La Cruz (left), owner/operator of several McDonald restaurants in Union County (left), as Yvonne Lopez, director of donor relations at Trinitas Health Foundation, looks on.

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March Special

The More you Take...

The More you Save!

 

 

 

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The Platform for Progress is a coalition of New Jersey businesses and organizations working in partnership with the New Jersey Chamber of Commerce. The coalition is dedicated to bringing solutions to long-term challenges our state is facing in six key areas, Economic Development, Education, Environment, Government Reform, Health Care and Transportation.  Follow the above link to find out more.

 

 

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