Regulatory Creep And Overkill For Closed Loop Payments

The Treasury reports that it received no support for its proposal for voluntary consumer protection codes for ‘closed loop’ or limited network stored value, which are exempt from European E-money regulation. These include store cards, coffee shop cards, fuel cards, transport cards, membership cards, and meal and other voucher systems - nothing like the collapsed retail pre-payment schemes that have previously lost their customers' money Farepak (Christmas hampers) and WrapIt (wedding gifts).

However, the rejection of the need for voluntary codes arguably opens the way for formal regulation, as the Treasury had seemed to be firmly of the view that more protection is necessary for the reasons summarized below. As a next step:

“The Treasury has asked the Office of Fair Trading (OFT) to provide some advice on the prepaid market, the effectiveness of current self regulatory solutions for protecting consumers, and the interaction between the regulated and unregulated sectors. This advice will be fully considered before the Government decides what, if any, action to take.”

Ominous? Well, it depends on what they mean by "prepaid". If the Treasury means retailers who require people to pay for products weeks or months prior to shipment, then I wonder why it's taken them so long to address a really obvious problem. But if they mean gift vouchers to make sure your nephew spends his birthday money on something educational instead of 5kgs of sweets, then this is over-kill.

I’ve extracted the summary of responses on this aspect below:

"3.10 There was little or no support for voluntary codes as a solution to improving the safeguards for consumers in the unregulated sector.

3.11 Responses fell into two broad categories: those that argued that tougher regulation and enforcement than voluntary codes is necessary to address perceived shortcomings in the unregulated sector; and those that felt that there was no justification for action due to the low risk of consumer detriment. The main reason for the general dissatisfaction with voluntary codes was that, although models vary, supervising and enforcing a voluntary code is often thought to be difficult. There are usually no limits to the number of violations a company might have, no financial incentive to abide by a code, and weak rights of recourse for consumers.

3.12 Some respondents argued that no action was necessary because the perceived risks are low. It was also argued that voluntary codes would be unworkable in practice because the average amounts outstanding on unregulated products (mainly gift cards) are less than £30. These responses concluded that the risk of loss per customer did not warrant a new protection mechanism."

Greed And Stupidity Are Winning

So Iceland's President has twice vetoed a Bill to pay for the compensation given to those who were suckered by the lure of premium savings rates. Neither Iceland nor its banks could even cover savers' principal, let alone pay interest at premium rates. But that's okay, UK and Dutch taxpayers have picked up the tab.

Similarly, bearing in mind the Irish financial crisis, it comes as a shock that Allied Irish Bank sold Californian towns letters of credit to guarantee their municipal bond issues. It's a sad fact that two thirds of investors in US municipal bonds are individuals unwittingly taking advantage of tax breaks.

Meanwhile, the tide is also going out on sub-prime student bonds and the scale of mortgage debt misselling continues to grow. So it's little wonder the the US public borrowing ceiling keeps on rising as all these woes drag on the nation's finances.

But at least the global investment banks are profitable again, right? And no one's going to jail. It seems that even the banks downunder are mixing their own special debt cocktail, and the next round is on the Aussie taxpayer.

Greed and stupidity are winning, hands down.

Image from Financial Sense.

Use It Or Lose It #2

I've previously posted in praise of the "Greasy Spoon" in case they close down or become chain shops. This time, I'm suggesting we use our libraries or they'll just close down.

Here's a map of threatened library closures. It's of course important to campaign to keep your local library open, but actually using it is what really counts.

Perhaps going to the library already feels like something you need to force yourself to do. Like going to the gym. If you do feel like it's a bit of an effort, try this 5-step programme ;-):

1. Go to the library. Just go in, and walk out.

2. A week later, visit again and apply for a library card.

3. A week later, visit the library and borrow one item.

4. Return the item on time.

5. Once each week/month thereafter, visit the library and use one aspect of the library's facilities (yes, even that facility).

Following demonstrations earlier this month, authorities are re-considering some planned closures.

But, again, using your library is what really counts.

No Fly Tipping

Sorry.

Image from EcoPro.

Sunlight On Pensions

Good to see Michael O'Higgins, the new Chair of the UK Pensions Regulator making a splash in his first interview. He's quoted in Tuesday's FT as saying providers should be obliged to compare their returns against their fees and other charges, including brokerage and dealing costs.

He admits transparency is key to building public trust in pensions, implying there isn't much.

Add that level of transparency to the focus on improving administration and record-keeping, and we should see some more pension scandals come to light in 2011.

What fun!

Next job: fill the black hole.