Category Archives: Commentary

Blog: Opaque Private Credit Industry Threatens Heavy Debt Burdens, Systemic Risk

Problems are brewing in a scheme that is bigger than the Australian economy and almost completely without federal oversight. It is called private credit — large scale lending, but not by banks — and has surged from less than $300 billion in loans in 2013 to over $2.1 trillion globally today. This unregulated market has become yet another tool for the private equity industry to pursue leveraged buyouts and leaves target companies on the hook to repay the new mountains of debt. If this large pool of unregulated loans go sour, the distress could spread into the broader financial system, including traditional banks, and pose systemic risk to the financial system.

Blog: New Justice Department Bank Merger Evaluation an Overdue Improvement

Today, the Justice Department released a new approach to bank merger enforcement that brings the woefully outdated bank merger guidelines into the 21st century. The Justice Department announced that it would apply the greatly improved overall merger guidelines, which were released in 2023, to bank mergers as well. The bank merger rules that are currently in place date from the era of dial-up modems and are totally insufficient to address the complex market power issues posed by many proposed bank mergers — including the pending Capital One-Discover merger. 

Blog: Powell Should Recuse Himself from Basel Endgame Process

Federal Reserve Board Chairman Powell, you should recuse yourself from the consideration of the Basel III Endgame regulatory capital rule to preserve the integrity of Federal Reserve regulatory decision-making and avoid the appearance of impropriety that would undermine public perception of the central bank’s independence and impartiality. Meeting with big bank CEOs in secret creates the appearance that powerful regulated entities cannot merely influence rulemaking during the public notice and comment period and through their policy arguments, but that they can meet off the record and set regulatory red lines which federal authorities will not cross.  

Blog: Junk Fees, Like Junk, Pile Up

Does paying a $20 “convenience fee” each month on top of your rent just to pay your rent sound reasonable to you? What about paying your landlord a “January fee” just because it happens to be January? Or paying an extra $40 a month for a mandatory “valet trash service” you never wanted in the first place? As unfair and infuriating as these scenarios may seem, paying outrageous, indefensible junk fees is an increasingly common reality for renters in this country. 

Blog: The RealPage Lawsuit

On Friday, the U. S. Department of Justice took on Wall Street landlords and increasingly unaffordable rents by filing an antitrust lawsuit against RealPage, accusing the private-equity-owned firm of facilitating price fixing among the country’s largest corporate landlords. Joined by eight state attorneys general, the lawsuit details how RealPage’s rent-setting software uses private information to raise rents – and, by extension, landlord profits – well beyond what is fair to the general public. 

a gavel over a paper that says "arbitration hearing"

Blog: Gone With the Click of a (Disney) Mouse

While Disney’s legal ploy seems utterly crazy, most attempts to invalidate forced arbitration clauses are unsuccessful. As a result, forced arbitration clauses pop up in nearly every consumer and employee contract because companies know that people cannot fight back. When you click yes on terms and conditions for subscriptions or services or sign your credit card or employment agreement, you are signing away your legal rights. 

Cryptocurrency

Blog: The Digital Commodities Act: The Real Deal, or a Castle on a Cloud?

The Senate Agriculture Committee is developing legislation aimed at closing the regulatory oversight gap that the cryptocurrency lobby insists is a problem. True, the crypto industry is highly volatile and riddled with scams that expose those that buy cryptocurrencies and tokens to substantial financial losses. But that’s a problem of enforcing existing rules, not regulation. The proposed bill purports to provide regulatory guardrails to this crypto Wild West, but ultimately would give a federal imprimatur to the crypto industry while only offering the patina of the necessary investor and market safeguards needed to protect vulnerable investors.

Blog: Top 10 Reasons to Block the Capital One-Discover Merger

Today, Americans for Financial Reform and many allies will take our case directly to federal banking regulators and demand that they block the proposed Capital One-Discover merger. Federal regulators have rubber stamped thousands of bank mergers over the past few decades, consolidating the industry to create risky megabanks, reducing choices and raising prices for depositors and small businesses. The wave of mergers beginning in the mid-1990s contributed to the contagious fragility of the banking system during the 2008 financial crisis. Here are the top 10 reasons to block this merger:

Blog: Standing in Solidarity with Garment Workers in Nike’s Supply Chain

Nike makes some of the most popular and expensive shoes — many pairs are around $300 — but behind the brand, thousands of women in South and Southeast Asia work for low pay to make Nike’s flagship sneakers. On July 16th, we joined women labor leaders in the U.S. who responded to the call from Asian garment workers, Global Labor Justice, and the Asia Floor Wage Alliance to demand justice for workers in Nike’s supply chain.

Blog: Biden Tackles Problem of Corporate Landlord Profiteering Directly

Today, President Biden acknowledged what too many Americans already know: the rent is simply too damn high and the public cannot continue to subsidize corporate landlords’ unlimited appetite for rent hikes through our tax code. By proposing to repeal tax breaks, like the depreciation write-off for corporate landlords who stick their tenants with rent increases above 5 percent, Biden is taking a vital step toward direct action to curb the corporate profiteering that contributes to the housing crisis.