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"The CFPB must stop this ploy by the biggest banks to keep us trapped under their thumbs."
Consumer advocates applauded last month as the Consumer Financial Protection Bureau finalized a rule aimed at making it easier for people to switch financial institutions if they're unhappy with a bank's service, without the bank retaining their personal data—but on Thursday, more than a dozen groups warned the CFPB that major Wall Street firms are trying to stop Americans from benefiting from the rule.
Several advocacy groups, led by the Demand Progress Education Fund, wrote to CFPB director Rohit Chopra warning that major banks—including JP Morgan Chase, Bank of America, Citi, TD Bank, and Wells Fargo—sit on the board of the Financial Data Exchange (FDX), which has applied to the bureau for standard-setting body (SSB) status, which would give it authority over what is commonly known as the "open banking rule."
Standard-setting authority for the banks would present a major conflict of interest, said the groups.
The banks are also on the board of the Bank Policy Institute, which promptly filed what the consumer advocates called a "frivolous lawsuit" to block the open banking rule when it was introduced last month, claiming it will keep banks from protecting customer data.
At a panel discussion this week, Bank of America CEO Brian Moynihan also said the open banking rule, by requiring financial firms to unlock a consumer's financial data and transfer it to another provider for free, would cause "chaos" and amplify concerns over fraud.
"The American people are fed up with Wall Street controlling every aspect of their lives and the open banking rule is an opportunity to give all of us some financial freedom."
The groups wrote on Thursday that big banks want to continue to "maintain their dominance by making it unduly difficult for consumers to switch institutions."
"The presence of these organizations on both the FDX and BPI boards undermines the credibility of FDX and presents various concerns relating to conflict of interest, interlocking directorate, and antitrust law," they wrote.
Upon introducing the finalized rule last month, Chopra said the action would "give people more power to get better rates and service on bank accounts, credit cards, and more" and help those who are "stuck in financial products with lousy rates and service."
The coalition of consumer advocacy groups—including Public Citizen, the American Economic Liberties Project, and Americans for Financial Reform—urged Chopra to reject FDX's application for standard-setting authority so long as the banks remain on its board.
“It would be a flagrant conflict of interest for the same banks who are suing to block the open banking rule because it threatens their market dominance to also be in charge of implementing it," said Demand Progress Education Fund corporate power director Emily Peterson-Cassin. "The American people are fed up with Wall Street controlling every aspect of their lives and the open banking rule is an opportunity to give all of us some financial freedom. The CFPB must stop this ploy by the biggest banks to keep us trapped under their thumbs."
The groups called the open banking rule "a historic step forward for the cause of giving consumers true freedom intheir financial lives."
"For this reason, it is imperative that SSB status not be granted to an organization whose board members are, either directly or through a trade association they are participating in, suing the CFPB to stop the rules from taking effect, particularly when such members may be ethically conflicted from such dual participation," said the groups. "By rejecting SSB status for FDX or any other organization with similar conflicts of interest pertaining to Section 1033, the CFPB will help prevent big banks from sabotaging open banking rules."
"We could see it happening in real-time, right after the convention, when the party consultants and the big donors got their hooks in," said one critic. "They'll be fine though."
While much ink has been spilled on U.S. President-elect Donald Trump's relationship with the world's richest person, tech billionaire Elon Musk, the Republican's electoral victory this week has also provoked conversations about how the very wealthy plutocrats behind Democratic Vice President Kamala Harris may have contributed to her loss.
After Trump's win, The Atlantic's Franklin Foer reached out to folks in the inner circle of President Joe Biden—who passed the torch to Harris after a disastrous debate this summer—for their postmortem. The staff writer reported Thursday that although Biden advisers "were reluctant to say anything negative about Harris as a candidate, they did level critiques of her campaign."
According to Foer:
One critique holds that Harris lost because she abandoned her most potent attack. Harris began the campaign portraying Trump as a stooge of corporate interests—and touted herself as a relentless scourge of Big Business. During the Democratic National Convention, speaker after speaker inveighed against Trump's oligarchical allegiances. Rep. Alexandria Ocasio-Cortez of New York bellowed, "We have to help her win, because we know that Donald Trump would sell this country for a dollar if it meant lining his own pockets and greasing the palms of his Wall Street friends."
While Harris was stuck defending the Biden economy, and hobbled by lingering anger over inflation, attacking Big Business allowed her to go on the offense. Then, quite suddenly, this strain of populism disappeared. One Biden aide told me that Harris steered away from such hard-edged messaging at the urging of her brother-in-law, Tony West, Uber's chief legal officer. (West did not immediately respond to a request for comment.) To win the support of CEOs, Harris jettisoned a strong argument that deflected attention from one of her weakest issues. Instead, the campaign elevated Mark Cuban as one of its chief surrogates, the very sort of rich guy she had recently attacked.
Responding on social media, Drop Site News' Ryan Grim said: "Reporters always heard that Tony West was functionally one of Kamala's most important advisers. Still galling to read this. I wonder who West even voted for."
Matt Duss, executive vice president of the Center for International Policy, declared that "we could see it happening in real-time, right after the convention, when the party consultants and the big donors got their hooks in. They'll be fine though. They're already onto their next contracts, or their next vacation home. And that should piss you off."
Progressive organizer Aaron Regunberg argued that "if we want to get out of this wilderness we need to purge every one of the Tony West crony corporatists in this party. Democrats need to be able to point to and talk about villains. Tony West is one of those villains."
Revolving Door Project founder and executive director Jeff Hauser put out a lengthy statement in response to the reporting that, as he summarized, "West convinced Vice President Harris to ratchet down her populist messaging lest it upset the Silicon Valley and Wall Street elites he was courting on her behalf."
Hauser highlighted that Foer's article also came after Cuban last month "bragged about his role in exiling a Harris surrogate" and former staffer of Sen. Elizabeth Warren (D-Mass.) "for the sin of supporting a wealth tax during a television appearance."
Harris on Tuesday "ran far stronger in the states that she saturated with television ads than the ones she did not. Those TV ads were, as Semafor's David Weigel observed, 'grinding on this economic message (anti-price gouging, Medicare covering home care, etc),'" he noted. "It's impossible to know whether the additional two points or less needed by Harris in the pivotal states would have been secured by basing her public 'earned media' and social media messaging on the same populist economic platform which informed her television ads."
"However, it is clear that the more successful paid media message was more populist and less informed by plutocrats like Cuban and West," Hauser continued. "Further, it seems exceedingly likely that downballot Democrats outside the swing states would have benefited from an ecosystem featuring the type of messaging we heard at the Democratic Convention."
"In a populist moment in which the candidates were battling for the mantle of change, the sitting vice president had to be identified as clearly against some powerful institutions," he added. "Her campaign showed early signs of an aggressive message, arguing that her record as California attorney general included taking on crooked big banks and shady student loan servicers."
"While VP Harris stuck to a comparably anti-plutocratic message in her television ads, she did not in her interviews and public appearances. This divergence appears to have been based on the advice of plutocrats," Hauser concluded. "Hopefully future candidates will learn from this, and oppose plutocrats consistently."
Appearing on CNN this week, Kate Bedingfield, Biden's former White House communications director, suggested the issue is not confined to Harris.
"I think Democrats across the board clearly have a challenge connecting with working-class voters. This is not unique to Vice President Harris' campaign," she said. "This is a demographic shift, a realignment in this country that's happened over the course of the last 10 years."
Meanwhile, Sen. Bernie Sanders (I-Vt.)—who ran for president as a Democrat in 2016 and 2020 but spent this cycle campaigning for Harris—said Wednesday that "it should come as no great surprise that a Democratic Party which has abandoned working-class people would find that the working class has abandoned them."
Sanders also asserted that "the big money interests and well-paid consultants who control" the party are unlikely to "learn any real lessons from this disastrous campaign" or "understand the pain and political alienation that tens of millions of Americans are experiencing."
Proving his point, Jaime Harrison, a former lobbyist for giant companies who now chairs the Democratic National Committee, claimed Thursday that Sanders' analysis was "straight up BS" and listed achievements of the Biden-Harris administration.
Responding to Harrison on social media, Michael Sainato, a labor reporter with The Guardian, said that "being pro-worker means being clear about who and what is anti-worker and the Democratic Party has failed miserably at that."
"As eccentric and provocative as Elon Musk wants people to think he is, he's really just another corporate billionaire who wants to avoid accountability."
Tesla founder Elon Musk has spent his career cultivating the image of a provocateur who's driven by a passionate commitment to free speech and technological innovation—but a new report by consumer advocacy group Public Citizen makes the case that when it comes to Musk's political priorities, there's nothing unique or trailblazing about him.
Musk, said Public Citizen research director Rick Claypool, is galvanized by the same concerns that lead oil executives to pour money into the campaigns of pro-fossil fuel politicians like Republican presidential nominee Donald Trump: self-preservation.
Claypool published research cataloguing the numerous business-related incentives Musk has for supporting Trump, whose rallies the billionaire has spoken at recently and for whose campaign he has created a super political action committee.
At least three of Musk's businesses—electric car maker Tesla, space exploration company SpaceX, and social media platform X—face a total of at least 11 criminal and civil investigations over alleged fraud, labor violations, and other accusations.
"Enforcement priorities can shift significantly when administrations change," wrote Claypool. "Musk's self-serving desire to thwart the numerous civil and criminal investigations into his businesses seems a likely reason for the billionaire's increased involvement in electoral politics."
"Trump has promised to put Musk in charge of government efficiency. Since Musk's companies receive billions in government contracts every year—and often clash with government regulators—Musk would in effect be given the power to trim the very agencies that regulate him."
The report points to federal investigations into Tesla's claims about the "self-driving" capability of its vehicles, with the Department of Justice (DOJ) examining whether the claims constitute criminal fraud, and a case at the Equal Employment Opportunity Commission (EEOC) charging that Tesla retaliated against Black workers who reported being subjected to racist harassment at work.
The Securities and Exchange Commission is also investigating Musk's $44 billion takeover of X and the Federal Trade Commission has received reports that Musk gave orders to employees that would have breached an FTC consent decree which the company, formerly called Twitter, entered in 2011 as part of a settlement for alleged deceptive practices and privacy violations.
SpaceX has been accused by the Environmental Protection Agency of pollution that violated the Clean Water Act, and the Federal Aviation Administration (FAA) last month accused the company of safety violations in its rocket launches in Florida.
Musk, who is the richest person in the world with a net worth of nearly $250 billion, has attempted to fight federal investigations and cases against his companies by threatening a lawsuit against the FAA alleging "regulatory overreach" and challenging the constitutionality of the National Labor Relations Board and a DOJ case.
Last October, as the DOJ was expanding its probe of Tesla and just after the EEOC sued the company over racial discrimination, Musk called for "comprehensive deregulation."
"As eccentric and provocative as Elon Musk wants people to think he is, he's really just another corporate billionaire who wants to avoid accountability," said Claypool. "Nobody—not government officials or massive corporations or billionaire executives—is above the law. But if self-serving campaigns to the contrary succeed, the injustice of America's two-tiered justice system will only deepen."
The Public Citizen report comes days after Musk urged his followers to sign his petition supporting "free speech and the right to bear arms," promising a random $1 million payment each day to one registered voter who signs—a scheme legal experts say amounts to illegal vote-buying for Trump.
At The Nation on Monday, Jeet Heer noted that Trump has pledged to put Musk in charge of a “government efficiency commission” that could help eliminate federal regulations and advised Democrats to fight Musk's attempts to influence voters by calling attention to what he really is: "an oligarch threatening democracy."
"Musk's eagerness to elect Trump is clearly rooted in a squalid quid pro quo," Heer wrote. "Trump has promised to put Musk in charge of government efficiency. Since Musk's companies receive billions in government contracts every year—and often clash with government regulators—Musk would in effect be given the power to trim the very agencies that regulate him."
"Musk," wrote Heer, "is the perfect face of the new American robber barons."