Dodd-Frank: What Did The Law Include?


After the crash of 2008, the Democratic Party, led by President Obama, passed the Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010, and even though all Republicans, including Gov. Romney, instinctively denounced it during the Republican debates (2011-2012), perhaps it would be wise to first examine its many sub-titles, before passing judgment.

CONSUMER PROTECTION FROM BANKS: Title X of Dodd-Frank created a Consumer Financial Protection Bureau (CFPB), which can regulate banks, payday lenders, and other financial institutions. Its job is to protect consumers from abusive financial practices by promoting transparency and fairness as to mortgages, credit cards, student loans, and other financial natters.

MORTGAGES REMOVE PREDATORY PRACTICES: Title XIV of Dodd-Frank outlaws predatory lending by reforming mortgages. It requires loan originators to make a good faith effort to verify that consumers reasonably have the ability to repay their loans, when considering 2nd mortgages, insurance, assessments, and taxes. Points and fees are now limited to 3% of the loan.

INVESTOR PROTECTION: Title IX helps those who invest in stocks, bonds, and securities. It protects stockholders from being ripped off by those managing corporations, by requiring the disclosure of all CEO compensation. It makes Credit Reporting Agencies, such as Moody’s and Standard and Poors, provide accurate reports as to the financial condition of businesses. It gives the SEC the authority to impose greater fiduciary duties on securities brokers and dealers. It also addresses the sale of asset-backed securities and creates an office of the Investor Advocate.

FINANCIAL STABILITY IS GOAL: One explicit purpose of the law was to promote financial stability by ending bailouts for entities “too big to fail.” To better monitor the financial markets Title I of Dodd-Frank created: 1) Financial Stability Oversight Council; and 2) Office of Financial Research.

LAW COORDINATES FEDERAL AGENCIES: Dodd-Frank brings together representatives of: 1) Treasury; 2) Federal Reserve; 3) Currency; 4) Consumer Protection;  5) SEC; 6) FDIC; 7) Commodities; 8) Housing Finance; and 9) Credit Union Board.

LIQUIDATIONS INCLUDE INSURANCE AND NON-BANKS: The existing ability to liquidate banks was broadened to include insurance companies and non-bank financial entities. It allows for the orderly winding down of bankrupt firms.

BANKS CAN NO LONGER ENGAGE IN SPECULATION: The Volker Rule prohibits banks from engaging in proprietary trading.

HEDGE FUNDS AND VENTURE CAPITAL REGULATION: The law now regulates hedge funds and private equity funds. Investment advisors, hedge funds, and private equity firms now have to register with the SEC.

DEFAULT SWAPS AND DERIVATIVES REGULATION: Dodd-Frank brought the sale of derivatives out into the open, by requiring that they be traded on the exchanges.

INSURANCE REGULATION: The law allows the monitoring of the insurance industry.

LAW REQUIRES MONEY BE PAID BACK: Dodd-Frank reduced the amounts available under the Troubled Asset Relief Program (TARP) (2008) and the Housing and Economic Recovery Act (2008) and restricted the use of federal funds.

Dodd-Frank provided protection to consumers, credit card users, mortgage borrowers, and investors, and it gave the government more power to regulate the financial sector, so as to provide greater stability for all of us. The knee-jerk objection to the law by Republicans like Romney simply shows how out of touch he is with real people, and how much he is in bed with Wall Street.

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