Thu, 24 May, 2012, 4:45 PM EDT - Canadian Markets closed

Why Big Banks Deserve to Get Slammed

They're rolling their eyes on Wall Street yet again.

[See how to reclaim the American Dream.]

The latest affront to the nation's big banks comes from Richard Cordray, head of the new Consumer Financial Protection Bureau, who said recently that he plans to investigate bank overdraft fees and perhaps issue new rules to rein in bank practices that could be misleading or even abusive. Banks have increasingly turned to such fees to help offset losses they've suffered through bad loans, poor investments, and new restrictions meant to limit risk-taking.

To the banks, the latest news from Washington represents a continued assault on the livelihood of fine working Americans, and on free enterprise itself. Since the 2008 financial crisis, banks have had to endure all manner of indignity, including limits on bonuses paid to executives, congressional hearings meant merely to embarrass them, strict new rules that limit profitability, and a grandiose 49-state investigation into foreclosure practices that served largely as a grandstanding opportunity for politicians. That's in addition to finicky shareholders who sell their holdings and push bank stocks down every time there's a wobble in the financial markets.

The banks, however, seem not to have learned a vital and simple lesson: They have become their own worst enemy. Big banks have become so corporatized and inhumane that taking potshots at them is like criticizing Iran or swatting flies: Practically nobody in America objects.

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Before discussing why, it's important to point out that the financial industry is a key part of the U.S. economy. The financial sector accounts for about 6 percent of all jobs in the United States, and a much higher share of income, since banking jobs tend to be high-paying ones. That's a good thing: Finance is precisely the kind sophisticated, highly skilled work the U.S. economy needs more of. Protesters who call for dismantling the banks and seizing their profits are targeting one of the key advantages the U.S. economy still has over upstarts like China and the more highly regulated and static economies of Europe.

Yet the global banking business has become so obsessed with efficiency and profits that it has disconnected itself from the people who form its customer base. Virtually everything about banking has become aggregated and synthesized. Mortgages and car loans are no longer held by the bank that originated them, but are instead rolled into complex financial products that are sold off to investors anywhere in the world. There's far more emphasis on trading huge blocks of securities than in servicing local customers. To save money, banks are now encouraging customers to use ATMs and online banking to do nearly everything a teller used to handle, with long lines at the local branch the punishment for cretins who don't comply.

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The modern banking model blew up during the 2008 financial crisis, when the banks needed billions of dollars of bailout money from Washington to prevent a run on the entire financial system. That's well known by now. What's remarkable is that the banks have done practically nothing since then to rehabilitate their image or make nice with the taxpayers who bailed them out. In fact, banks have arguably become even more reprehensible since then, on account of new efforts to dun consumers--especially low-balance customers who are the most vulnerable.

One particularly obnoxious practice is the way some banks deduct bigger payments from a customer's account before smaller ones--regardless of chronological order--which is a deliberate effort to drain the account and then charge fees for overdraft "protection." It sounds like some kind of mob shakedown, and it's one of the practices Cordray is supposedly going after.

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Banks also charge fees for a mind-boggling number of things that make it hard or impossible for consumers to keep track of what they're being charged for. Some banks levy something called a "foreign transaction fee," which has nothing to do with overseas charges but relates to withdrawals from another bank's ATMs. There are sometimes fees for using a teller, contacting a bank representative on the phone, transferring money between accounts, or making too many transactions in a given month. Banks are required to list all these fees on a fee schedule that they must provide to customers who ask for it, but banks rarely advertise all the fees they charge and obviously they hope customers won't notice.

This is completely out of step with customer service in the Internet era. There are countless examples of companies that get dinged for trying to put one over on their customers. Netflix, once beloved, faced a revolt by its customers last year when it tried to split its streaming and DVD-by-mail services into two separate plans, requiring separate accounts for each. The company reversed itself, but still suffered a punishing plunge in its stock price. Even Apple provokes the ire of its fanatically loyal customers if a software upgrade goes awry or iPhone reception is sub-par.

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Banks, meanwhile, continue to try out new policies that seem to be designed by computerized executrons who view every customer as an entry on a spreadsheet. It didn't take consultants from McKinsey to predict, for instance, that Bank of America's ill-fated idea last year to charge debit card holders $5 per month for the privilege of accessing their own money would provoke outrage. All it took was somebody with common sense who knows what it's like to try to make the family budget add up when times are tough. Apparently there are no people like that running banks.

Consumers, for their part, need to realize that banking is a service that has value, and not an automatic birthright. Yeah, it's tough to adjust to paying for something that used to be free, like a low-balance checking account or the use of ATMs anywhere in the country. But banks do have a right to make money, and to charge for the services they provide. The key is to be upfront about those charges and give consumers a fair chance to make a different choice. That's what airlines have done, by lowering airfares but imposing new fees for meals or checked bags. Fliers grumble, but they know what they're getting into ahead of time, and they have the option to find a different airline or take a bus.

To make right with consumers, banks could do the same thing that fast-food restaurants or gas stations do: publish their prices prominently and go out of their way to avoid fine-print fees that are sure to enrage customers. But for some reason, a sneaky mindset prevails and banks are more inclined to treat their customers like captives they're able to exploit. Until that changes, banks deserve whatever hammer regulators use to encourage better behavior.

Rick Newman is the author of Rebounders: How Winners Pivot From Setback to Success, to be published in May. Follow him on Twitter: @rickjnewman

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  • Mark  •  Peoria, United States  •  2 months ago
    Put your money in your local credit union, let the banks suck blood from each other, if you
    do not have your money in a bank they can not charge you a fee, but transfer your credit card debt first to the credit union you choose to do business with or your bank will raise your APR on your balance when they see you transfer your checking and savings to the credit union, do not think for a minute your bank will honor what they have led you to believe is a locked in rate on your credit card balance. Remember there is no honor among THIEVES.
    • A Yahoo! User 2 months ago
      Credit Unions and small local banks are the way to go. No More TOO BIG TO FAIL, joker banks , with their million dollar FAILURE BONUSES for their feckless CEO's. Bail outs paid for by hard working, honest , Private Sector Middle-class Tax Payers.
  • Edward  •  New York, United States  •  3 months ago
    When my parents paid off their home mortgage 20 years ago, they were asked to make their last payment at their local bank in person. When they went in to make that payment, they were treated to a small party and a cake for not having missed a single payment in nearly 30 years. No bank even notices that anymore.
    • Satyr 3 months ago
      I'm not sure that people hold mortages for 30 years any more, either. They refinance every 3 years, and nowadays, many simply stop making payments. The world has changed.
    • TheOpinionatedBoomer 3 months ago
      Edward: What a wonderful memory to have. Thanks for sharing it with us. I can just imagine how proud, and happy that made your parents feel on that special day. It's sad that in today's world, banks have become the enemy, instead of institutions that we could trust, and depend on.
    • Madcity 3 months ago
      Fantastic story! As disappointing as the current environment is we've got to try and keep the faith things will get better. The problems seem a little deeper but the economy and national mood wasn't very rosy in the late 70's. Eventually things improved by the middle 80's and America was back.

      We can do it again - keep the faith
  • etinarcadiaego  •  3 months ago
    I want reinstatement of the Glass-Steagall Act.
    • jim 3 months ago
      Do you even know what it was?
    • Daniel 3 months ago
      Yeah!!!!!!!!!!!!!!!!!!!!....the housing problem was not a bank problem , but a government intervention fiasco
    • rick 3 months ago
      I want people to repay their loans.
  • A Yahoo! User  •  Las Vegas, United States  •  2 months ago
    Recap: The criminal banks had to pay billions because of mortgage "fraud"...the fines will be paid and yet not one individual from the major fraud banks, Chase, Goldman Sachs, BAC, Morgan Stanley, Citi, will be prosecuted...mere individual citizens who commit mail and financial fraud are usually prosecuted...only the truly naive should have any doubt that the government is controlled in large part by the criminal banking cartel...
  • fixgvt  •  3 months ago
    Put your money in your local bank or better yet the credit unions.
    • Richard 3 months ago
      If your local bank can outlive you ... Lol!
    • Bill 3 months ago
      Outline? As opposed to what, large banks, like Washington Mutual, or maybe Continental Illinois, or maybe Lehman Brothers? Who do you work for, BOA? What difference does it make if the small bank fails? The FDIC insures the accounts, and the small banks are not trying to screw ya with new, partially hidden, fees every month.
    • FredB 2 months ago
      Does anyone realize that Credit Unions do not pay taxes?
  • Caellyn  •  2 months ago
    Don't you sometimes wish we could go back to tar and feathering conmen and kicking them out of town?
    • A Yahoo! User 2 months ago
      We need more BANK REGULATION..
    • Donald 2 months ago
      The first one to tar and feather should be Obama.The head of the con men.
  • RandallC  •  San Antonio, United States  •  2 months ago
    The banks fogot how to be bankers. They liked trading opaque financial instruments. They did not have to deal with people and small businesses that are the engine of the american economy. They continue to ACT like they are friends of the small business man- but they are just a bunch of phonies that don't even have Brooks Brothers suits anymore.
    I hope they all end up on the streets in dirty worn out shoes.
  • T B  •  Dublin, United States  •  2 months ago
    The article said: "Finance is precisely the kind sophisticated, highly skilled work the U.S. economy needs more of."What a complete and utter bunch of of #$%$ This author is a shill for the banking industry executives.
  • BG  •  Washington, United States  •  2 months ago
    "banks have arguably become even more reprehensible since then.." I think the huge bonuses for the executives were utterly reprehensible at a time when thousands had lost jobs or were being foreclosed. Certainly they deserve salaries, but not the sums they received. Didn't any of them think about how bad it looked to the general public? Well-educated, sophisticated, rich achievers, and no common sense?
  • M  •  2 months ago
    The Bail out of the banks and the auto industry only promoted failure. Why do we bail out failed business where everyone in the world was screwed buy it in 2008? They failed for a reason they where to greedy and incompetent. Everyone in the world knows this so why would they reinvest in a business that has failed? Fool me once shame on you Fool me twice shame on me. With that said these bailed out business will eventually fail because they are still run buy greedy overpaid idiots. They make transactions complicated so they can charge you more. Lawyer speak tricky contracts hidden fees atm charges.
  • A Yahoo! User  •  Fairfield, United States  •  2 months ago
    The Sheeple have had enough, End BANKSTER ENTITLEMENT BONUSES, they dont deserve them with all the taxpayer bailouts for been TOO BIG TO FAIL...Enough is enough..Time for change, Vote All Incumbands Out.
  • A Yahoo! User  •  Fairfield, United States  •  2 months ago
    The TOO BIG TO FAIL banks prove that the mega banks need more regulation to keep ther feckless OVER BONUSED CEO's from screwing up our country.
  • GP  •  3 months ago
    This is a simple issue really. Consumers need to take the time to ensure they go to a good bank. This is typically (but not always) a local bank or a credit union. There are plenty of banks that do treat people right. Likewise, people need to stop doing stupid stuff like overdrawing their account.
  • BreckChavante  •  3 months ago
    I used to work at BAC in the private bank under Moynihan... Shareholders were openly the most important (not clients?) All the loan guys were selling debt to those who didn't qualify because of commission... YOU DON'T PAY PEOPLE COMMISSION WHO SELL LOANS or you get what we have today. Also, charging big items in checking first so that people would be charged $35 on every small overdraft was a planned move. Overdraft fees were a huge profit center. It is terrible what they got away with... Well NOW YOU PAY shareholders... suck it at 7 bucks a share!!!!
  • TruthSerum  •  3 months ago
    By allowing the amount of consolidation to take place in the banking industry (and the oil industry) the US government knew, or should have known that this would be the outcome. Fewer competitors does not lead to great efficiency, it leads to fewer consumer choices and greater risk taking by the banks. There are two main steps that need to be taken to resolve this. 1) Break up the 5 biggest banks into at least 15 smaller entities. 2) Pass term limits for congress so that this doesn't happen again.
  • RickT  •  2 months ago
    Yes, banks have the right to make money, and do......but not to gouge their own customers. They borrow money from the Fed at 0%, pay CD holders 0.5% to take their money, and loan it back out at 3.5-19% (Credit cards). Isn't that enough profit that they shouldn't have to gouge us with excessive fees. Simply no respect for the customer at the corporate level of these banks anymore.
  • 1 American  •  3 months ago
    This article is crap. Banks are necessary for sure, but bank policies on how they extract money from customers are not. If every individual in America acted and performed like a bank no one would survive. Capitalism is fine, but morality and decency create a good society.
  • Honda Accord Driver  •  3 months ago
    "Finance is precisely the kind sophisticated, highly skilled work the U.S. economy needs more of."

    I couldn't read any more of the article after that sentence.
  • Michael  •  Memphis, United States  •  2 months ago
    Banks are for debt. Credit unions are for cash.
  • Rick  •  Milford, United States  •  2 months ago
    Buy a gun safe and keep your money in cash at home. Why would anybody keep their money in the bank. Get a rechargeable Visa debit card for 3 bucks from Wal Mart to pay your online bills, rent cars etc. Why go to the bank for anything? Can`t be for the interest they pay on your money. And when the #$%$ hits the fan and the ATM` s are shut down, you have cash.