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Overdraft fees would be slashed under new Biden administration rule. What you need to know

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Overdraft fees would be slashed under new Biden administration rule. What you need to know

If your bank account regularly flirts with negative balances, or you’re just bad at keeping track of your debit card swipes, you’ve probably felt the sting of one of the banking industry’s favorite charges: overdraft fees.

Thanks to a rule finalized Thursday by the federal Consumer Financial Protection Bureau, those fees could drop sharply next year — provided the rule isn’t overturned by Congress or the courts before it goes into effect Oct. 1.

U.S. banks and credit unions opposed the rule, and four of their trade groups filed suit to block it hours after the final rule was announced. One of the groups, the American Bankers Assn., asserted the rule will prompt banks to offer less overdraft protection, which prevents overdrawn checks from bouncing and debit card transactions from being declined.

That protection comes at a price, though, in the form of overdraft fees of about $27 each time a customer withdraws more than their checking account could bear, Bankrate.com reported in August. Last year, according to the CFPB, banks collected about $5.8 billion worth of fees for overdrafts and non-sufficient funds — that is, when a check bounces or a payment is declined.

The CFPB rule is one of several efforts by the Biden administration to attack the estimated $90 billion collected annually in “junk” fees, or hidden charges that have no relation to the costs incurred. Others include a CFPB rule to cut late fees on credit card payments, a Transportation Department rule limiting fees on airline tickets and a Federal Trade Commission proposal taking broad aim at fees charged by ticketing companies, hotels and other service providers.

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Under the overdraft rule, large banks and credit unions would have three options when setting fees: They could charge an amount based on the cost of the service, including losses from it; they could charge $5 per overdraft; or they could charge an amount that would generate a profit, but only if they disclosed the interest rate and other terms in advance and sent periodic statements to customers. The third option treats overdraft protection as a form of short-term lending, which technically it is.

Banks and credit unions with $10 billion or less in assets are exempt from the rule.

According to the CFPB, overdraft protection began decades ago as a courtesy that banks offered to customers who had to wait days for paper checks to clear. But as debit cards became more prevalent, banks and credit unions started generating significant profits from those charges. In California, state data show that some credit unions generate more than half their net income from overdraft fees.

A view of the U.S. Consumer Financial Protection Bureau in Washington, D.C., on April 3, 2021.

(Graeme Sloan / Associated Press)

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Consumer advocates have been pushing for limits on “predatory” overdraft fees for decades. The fees are coming “overwhelmingly from low-income and a little bit from moderate-income consumers,” who are “by and large living paycheck to paycheck,” said Robert Herrell, executive director of the Consumer Federation of California. “That’s what we find just wholly unacceptable.”

The CFPB has found that less than 10% of consumers pay nearly 80% of the fees, incurring 10 or more charges a year. Since the pandemic began in 2020, though, banks’ revenue from those fees and “non-sufficient funds” charges — incurred when a bank refuses to cover an overdraft — has dropped sharply, partly because of regulators’ scrutiny.

All the same, the bureau estimates that the rule could save consumers up to $5 billion a year, or $225 per household that incurs overdraft fees.

“In practice, overdraft fees have functioned as high-cost credit, so it only makes sense to regulate excessive fees as such,” said Mike Litt, director of the Public Interest Research Group’s consumer campaign. “The CFPB’s rule makes overdraft fees more reasonable and in line with the actual costs to banks.”

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The bankers association was not so sanguine, saying the bureau should have held off until the Trump administration takes over. In former President Trump’s first term, his appointees at the CFPB vastly scaled back its rulemaking efforts.

“By taking this action, the Bureau has once again chosen to prioritize demonizing highly regulated and transparent bank fees over its mission to help consumers,” Rob Nichols, president and chief executive of the American Bankers Assn., said in a statement. “This rule, and the government price controls that accompany it, will make it significantly harder for banks to offer this valuable service to their customers, including those who have few other options to cover essential payments.”

Two seated people speak on a stage.

Treasury Secretary Janet Yellen speaks to American Bankers Assn. President and Chief Executive Rob Nichols on March 21, 2023.

(Manuel Balce Ceneta / Associated Press)

Nichols said Americans have made it clear in surveys that they don’t want overdraft protection to go away. He also argued that the bureau didn’t have the legal authority to cap the price of overdraft fees, adding that the rule “should not be allowed to go into effect.”

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Nadine Chabrier, senior policy and litigation counsel at the Center for Responsible Lending, responded that banks can continue offering overdraft protection as a form of credit, but they’ll have to comply with the same rules that apply to other types of credit. According to Chabrier, the new rule keeps pace with the change in overdraft protection as paper checks have been replaced with instant debits.

The lawsuit from the banks and credit unions, which was filed in Mississippi, claims the CFPB exceeded its statutory authority in applying the federal Truth in Lending Act to overdraft protection services. It also argues that several key aspects of the rule are arbitrary and capricious, and asks the court to declare the rule illegal in its entirety.

Another test for the CFPB rule is likely to be from the Republican-controlled Congress. Under the Congressional Review Act, members will have 60 days after the rule is formally submitted to introduce a resolution to disapprove it. The resolution cannot be filibustered, and needs just a simple majority in the House and Senate to pass.

Other protections previously adopted by the CFPB will remain in place regardless of what happens to the new rule. An important one is that consumers must opt in to overdraft protection, so they will know that overdrafts will be allowed — but will carry a fee. Another is guidance issued in 2022 instructing banks not to process debit-card transactions and deposits in an order that would generate unexpected overdrafts.

California lawmakers enacted two measures this year to provide further protection for consumers against overdraft and non-sufficient funds fees. Senate Bill 1075 limits state-chartered banks and credit unions from charging overdraft fees larger than the amount set by the CFPB or $14, whichever is lower. If the CFPB’s rule is blocked, that law will continue to apply to state-chartered institutions.

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Another law, Assembly Bill 2017, bars state-chartered banks and credit unions from charging non-sufficient funds fees on debit-card transactions that are declined because the account is overdrawn.

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How bits of Apple history can be yours

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How bits of Apple history can be yours

In March 1976, Apple cofounders Steve Jobs and Steve Wozniak both signed a $500 check weeks before the official creation of a California company that would transform personal computing and become a global powerhouse.

Now that historic Wells Fargo check could be sold for $500,000 at an auction that ends on Jan. 29. The sale, run by RR Auction, includes some of Apple’s early items and childhood belongings of Jobs, Apple’s cofounder and chief executive, who died in 2011 at 56, after battling pancreatic cancer.

Since its founding, the Cupertino tech giant has attracted millions of fans who buy its laptops, smartphones, headphones and smart watches. The auction gives the adoring public a chance to own part of the company’s history ahead of Apple’s 50th anniversary in April.

Apple’s first check from March 1976 predates the company’s official founding in April 1976. It also includes the signatures of Steve Jobs and Steve Wozniak.

(RR Auction)

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“Without a doubt, check number one is the most important piece of paper in Apple’s history,” said Corey Cohen, a computer historian and Apple-1 expert, in a video about the item. At the time, Apple’s cofounders, he added, were “putting everything on the line.”

Cohen said he’s known of a governor, entrepreneurs, award-winning filmmakers and musicians who own rare Apple collectibles. Jobs is a “cult of personality,” and people collect items tied to the tech mogul.

“This is a very important collection that’s being sold because there are a lot of personal items, a lot of things that weren’t generally available to the public before, because these things are coming right out of Jobs’ home,” he said in an interview.

RR Auction said it couldn’t share the names of the consignors on the check and some of the other auction items.

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As of Monday, bids on the check surpassed $200,000. Jobs typically didn’t sign autographs, so owning a document bearing his signature is rare.

Other items up for auction include Apple’s March 1976 Wells Fargo account statement — the company’s first financial document — and an Apple-1 computer prototype board used to validate Apple’s first computer.

The auction features a variety of memorabilia, including vintage Apple posters, Apple rainbow glasses, letters, magazines, older Apple computers, and other historic items.

Apple didn’t respond to a request for comment.

Some of Jobs’ personal items came from his stepbrother, John Chovanec, who had preserved them for decades.

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The items provide “a rare view” into Jobs’ “private world and formative years outside Apple’s corporate narrative,” a news release about the auction said.

Jobs’ bedroom desk from his family’s Los Altos home, which housed a garage where Apple-1 computers were put together, is also up for sale.

Papers from Jobs’ years before Apple are inside the desk and the highest bid on that item has surpassed $44,000.

An auction celebrating Apple's upcoming 50th anniversary includes late Apple co-founder Steve Jobs' belongings.

A bedroom desk that belonged to late Apple cofounder Steve Jobs provides a glimpse into his early years before he created the tech company.

(RR Auction)

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Bids on an Apple business card on which Jobs writes “Hi, I’m back” in black ink to his father reached more than $22,200. The card features Apple’s colorful logo alongside Jobs’ title as chairman, a role he returned to in 2011, according to the auction site.

Other items include 8-track tapes that featured music from artists such as Bob Dylan. Bids on a 1977 vintage poster featuring a red Apple that hung in Jobs family’s living room top $16,600, the auction site shows.

While Jobs is known for donning a black turtleneck, he also wore bow ties during high school and at Apple’s early events.

An auction to celebrate Apple's upcoming 50th anniversary includes bow ties worn by late Apple cofounder Steve Jobs.

A collection of bow ties that belonged to late Apple co-founder Steve Jobs.

(RR Auction)

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Some of Jobs’ bow ties have sold for thousands of dollars at other auctions.

Last year, a pink-and-green striped bow tie he wore when introducing the Macintosh computer in 1984 sold for more than $35,000 at a Julien’s Auctions event that highlighted technology and history.

The items on RR Auction feature colorful clip-on bow ties from Jobs’ bedroom closet.

“This brief fashion phase contrasted sharply with the minimalist black turtleneck and jeans that would later define his public image,” a description of the item states. “The shift reflected Jobs’ evolution from an ambitious young innovator to a visionary with a distinct and enduring personal brand.”

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Defiant independence from the Federal Reserve catches Trump off guard

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Defiant independence from the Federal Reserve catches Trump off guard

White House officials were caught by surprise when a post appeared Sunday night on the Federal Reserve’s official social media channel, with Jerome Powell, its chairman, delivering a plain and clear message.

President Trump was not only weaponizing the Justice Department to intimidate him, Powell said to the camera, standing before an American flag. This time, he added, it wasn’t going to work.

The lack of any warning for officials in the West Wing, confirmed to The Times, was yet another exertion of independence from a Fed chair whose stern resistance to presidential pressure has made him an outlier in Trump’s Washington.

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Powell was responding to grand jury subpoenas delivered to the Fed on Friday related to his congressional testimony over the summer regarding construction work at the Reserve.

“The threat of criminal charges is a consequence of the Federal Reserve setting interest rates based on our best assessment of what will serve the public, rather than following the preferences of the president,” Powell said.

“This is about whether the Fed will be able to continue to set interest rates based on evidence and economic conditions,” he added, “or whether instead monetary policy will be directed by political pressure or intimidation.”

For months, Trump and his aides have harshly criticized Powell for his decision-making on interest rates, which the president believes should be dropped faster. On various occasions, Trump has threatened to fire Powell — a move that legal experts, and Powell himself, have said would be illegal — before pulling back.

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The Trump administration is currently arguing before the Supreme Court that the president should have the ability to fire the heads of independent agencies at will, despite prior rulings from the high court underscoring the unique independence of the central bank.

The decision by the Justice Department to subpoena the Fed over the construction — a $2.5-billion project to overhaul two Fed buildings, operating unrenovated since the 1930s — comes at a critical juncture for the U.S. economy, which has been issuing conflicting signals over its health.

Employers added only 50,000 jobs last month, fewer than in November, even as the unemployment rate dipped a tenth of a point to 4.4%, for its first decline since June. The figures indicate that businesses aren’t hiring much despite inflation slowing down and growth picking up.

The government reported last month that inflation dropped to an annual rate of 2.7% in November, down from 3% in September, while economic growth rose unexpectedly to an annual rate of 4.3% in the third quarter.

However, the long government shutdown interrupted data collection, lending doubt to the numbers. At the same time, there is uncertainty about the legality of $150 billion or more in tariffs imposed on China and dozens of countries through the International Emergency Economic Powers Act, which has been challenged and is under review by the Supreme Court.

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As inflation has cooled, the Fed under Powell has incrementally cut the federal funds rate, the target interest rate at which banks lend to one another and the bank’s primary tool for influencing inflation and growth. The Fed held the rate steady at a range of 4.25% to 4.5% through August, before a series of fall cuts left it at 3.5% to 3.75%.

That hasn’t been enough for Trump, who has called for the rate to be lowered faster and to a nearly rock bottom 1%. The last time the central bank dropped the rate so low was in the dark days of the early pandemic in March 2020. It began raising rates in 2022 as inflation took off and proved stubborn despite the bank’s efforts to rein it in.

Mark Zandi, chief economist at Moody’s Analytics, said there is room to continue lowering the federal funds rate to 3%, where it should be in a “well functioning economy, neither supporting or restraining growth.”

However, muscling the Fed to lower rates and reduce or destroy its independence is another matter.

“There’s no upside to that. It’s all downside, different shades of gray and black, depending on how things unfold,” he said. “It ends in higher inflation and ultimately a much diminished economy and potentially a financial crisis.”

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Zandi said much will hinge on the Supreme Court’s decision on whether Trump can remove Federal Reserve Governor Lisa Cook, which he sought to do last year, citing allegations of mortgage fraud she denies.

While Powell’s term as chairman ends in May, his term as a governor — influencing interest-rate decisions — extends to January 2028. A criminal indictment over the construction project could provide Trump the legal justification he needs to remove him altogether.

“When he steps down in May, will he stay on the board or does he leave? That will make a difference,” Zandi said.

A key issue will be how much independence the Fed retains, he said, given the central bank’s role in establishing the U.S. as a safe haven for international bond investors who play a key role funding the federal deficit.

The investors rely on the bank to keep inflation under control, or they will demand the government pay more for its long term bonds — though the subpoenas had little effect so far Monday on bond prices.

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“There are scenarios where the bond market says, ‘Oh my gosh, we’re going to see much higher inflation, and there’s a bond sell-off and a spike in long-term rates,” he said. “That’s a crisis.”

Zandi said that even if the worst-case scenarios don’t play out, it will take time for the Federal Reserve to reestablish its reputation as an independent bank not influenced by politics.

“I’m not sure investors will ever forget this,” he said. “Most importantly, it depends on who Trump nominates to be the next chair of the Federal Reserve — and how that person views his or her job.”

Lawmakers from both parties have questioned the motivation behind the investigation.

North Carolina Sen. Thom Tillis, a Republican member of the Senate Committee on Banking, Housing and Urban Affairs, has said he plans to oppose the confirmation of any nominee for the Fed until the legal matter is “fully resolved.”

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“If there were any remaining doubt whether advisers within the Trump administration are actively pushing to end the independence of the Federal Reserve, there should now be none,” Tillis wrote in a social media post.

Sen. Elizabeth Warren, the top Democrat on that committee, accused Trump of trying to “install another sock puppet to complete his corrupt takeover of America’s central bank.”

“Trump is abusing the authorities of the Department of Justice like a wannabe dictator so the Fed serves his interests, along with his billionaire friends,” Warren said in a statement.

Rep. French Hill (R-Ark.), the chairman of the House Financial Services Committee, also expressed skepticism about the inquiry, which he characterized as an “unnecessary distraction.”

“The Federal Reserve is led by strong, capable individuals appointed by President Trump, and this action could undermine this and future Administrations’ ability to make sound monetary public decisions,” Hill wrote in a statement.

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As Hill raised concerns about the investigation, he added he personally knew Powell to be a “person of the highest integrity.”

House Speaker Mike Johnson (R-La.), meanwhile, dismissed the idea that the Justice Department was being weaponized against Powell. When asked by a reporter if he thought that was the case, he said: “Of course not.”

Times staff writers Wilner and Ceballos reported from Washington and Darmiento from Los Angeles.

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Mattel introduces its first Barbie with autism, headphones on and fidget spinner in hand

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Mattel introduces its first Barbie with autism, headphones on and fidget spinner in hand

Mattel is releasing its first autistic Barbie doll.

Created in partnership with the Autistic Self Advocacy Network (ASAN), the toy launched Monday is meant to represent children with autism spectrum disorder and how they experience the world.

The doll joins the Barbie Fashionistas line, which features more than 175 looks across various skin tones, body types and disabilities.

Previous additions include Barbie dolls with Type 1 diabetes, Down syndrome and blindness.

The Barbie with autism was in development for more than 18 months. ASAN, the nonprofit disability rights organization run by and for the autistic community, provided guidance as to how the doll can most accurately represent the various experiences people on the autism spectrum may relate to and celebrate the community.

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The toy features elbow and wrist articulation, which allows for stimming and other gestures. Her eyes are shifted to the side to avoid eye contact.

She carries a fidget spinner and a tablet. She also wears noise-canceling headphones and a loose-fitting dress that allows for less fabric-to-skin contact.

To celebrate the new doll, Mattel is donating more than 1,000 autistic Barbies to pediatric hospitals across the country that offer specialized services for children on the spectrum. According to the autism nonprofit, Autism Speaks, one in 31 children and one in 45 adults in the U.S. has autism.

“Barbie has always strived to reflect the world kids see and the possibilities they imagine, and we’re proud to introduce our first autistic Barbie as part of that ongoing work,” said Jamie Cygielman, global head of dolls at Mattel, in a press release.

She added that the doll “helps to expand what inclusion looks like in the toy aisle and beyond because every child deserves to see themselves in Barbie.”

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The toymaker’s investments in diversity and representation have proved commercially successful.

The Fashionistas line launched in 2009 and has provided the opportunity to create dolls beyond Barbie’s original look. In 2024, the most popular Fashionistas dolls globally included the blind Barbie and the Barbie with Down syndrome. The wheelchair-using doll has also consistently been a top performer since its debut in 2019.

Founded in 1945, Mattel started out of a Los Angeles garage. Over the last 80 years, the El Segundo-based company cemented itself as a multibillion-dollar toy company with products and brands like Fisher-Price, Hot Wheels cars and American Girl.

The new autistic Barbie is available starting Monday through Mattel Shop and retailers nationwide.

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