A Conservative on Credit Cards
Yesterday Professor Charles Fried, the elegant, eridite former Solicitor General of the US and former Supreme Court Massachusetts Supreme Court Justice, sparred with eminent philosopher and law professor Cass Sunstein and Harvard economist Ed Glasser in a faculty forum over "the Nanny State."
The discussion was lively and engaging, but Fried's remark on credit cards stopped me in my tracks. Fried was aggressive in his defense of unregulated consumer choice. He poo-poo'd the idea of regulating much of anything in order to protect people from themselves, following the classical conservative position that people should be free to make as many choices as possible. But Fried made a point of mentioning why current credit card practices are morally reprehensible. I'm not a perfect reporter, but I tried to scribble down what he said:
"Credit card issuers make a profit from trying to get people to hurt themselves. That isn't about consumer choice. That's just reprehensible."
With this remark, Fried takes the discussion over credit cards in a different direction. Sunstein defends libertarian paternalism--a light touch regulatory approach designed to help overcome the cognitive biases, self-control problems, and lack of stable preferences that prevent people from meeting the necessary prerequisites for libertarianism to function. To reframe Sunstein as I think he would deal with credit card issuers: regulate no tricks, no traps, and no taking advantage of customers' cognitive biases to diminish their welfare.
Even an anti-regulator like Fried might agree to the no tricks and traps rules as diminishing consumer choice, but he goes a step further with the credit card example. He points out the immorality of businesses that profit by encouraging people to slit their own throats. Even if the decision is a well-informed one, free of cognitive biases, Fried says he does not support the businesses that "make a living helping people hurt themselves."
Fried is a rock-ribbed conservative, but the consumer choice argument over credit cards cuts no ice with him. The word of the day: reprehensible.















Elizabeth, I had a thought today. Probably one that isn't at all new to anyone else.
When mortgage companies advertise refi's as a credit card debt consolidation vehicle, are any of these mortgage companies owned by or in common interest with credit card banks?
If so, is that the way the industry gets people on the way to bankruptcy to give the credit card company (indirectly) a security interest in their house in exchange for an interest decrease?
April 20, 2007 5:25 PM | Reply | Permalink
What Professor Fried doesn't understand (or has a "cognitive bias" to ignore) is that such abuses are a natural result of the lack of regulation. You are always going to have people who try to test the limits of just how much they can get away with. Financial institutions and corporations are no different.
"Predatory" is a good word to describe the kind of activity we have seen in the last few years in regard to consumer finance. The people who have designed the financial rates and terms in credit card agreements know full well the effect that fees and interest rates have on the ability to pay off principal balances. Couple this with knowledge of psychological cognitive biases, and what would otherwise be a free market becomes one in which one side has far more knowledge (the lender) than does the other party to a contract (the consumer). Traditionally, such contracts could be voided due to unconscionability.
Alas, I am not sure our courts are willing to employ such radical remedies anymore. And the lawyers representing the consumer in these kinds of cases will usually only use this legal theory in a "Hail Mary pass" type situation.
Satellite Sky Blog
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April 22, 2007 4:00 PM | Reply | Permalink
following the classical conservative position that people should be free to make as many choices as possible
As a person who leans left, I'd have to say that this statement is true of the left also since we all profess to be intelligent enough to make smart choices.
Certainlly, credit card companies are reprehensible and I don't know why people keep getting dupped over and over again.
Regardless of how stupid the borrowers or lenders are, regulation won't fix the problem.
Specifically, Ralph Nader coined the phrase "unsafe at any speed" and I'd like to say that credit cards are "unsafe at any interest rate."
if you believe that, then it's obvious why credit cards shouldn't be regulated because the business model they're based on is inheriently flawed and can't be fixed.
if everyone paid their bill on time, the business model would collapse and the payment processing backbone would have to be financed with user fees instead.
I know that liberals don't like abstinence, but I was raised to believe that "credit cards are unsafe at any interest rate" and I hope that others learn that too-- because congress can't protect ya, even if the "rate is low!"
FYI: credit card companies should be reprehensible to everyone simply because they don't produce a single thing that society needs although the payment backbone that they use makes commerce convienient.
April 22, 2007 4:47 PM | Reply | Permalink
following the classical conservative position that people should be free to make as many choices as possible
As a person who leans libertarian, I'd have to say that this statement is true of the libertarians also since we all profess to be intelligent enough to make smart choices.
Certainlly, crack dealers are reprehensible and I don't know why people keep getting hooked on crack over and over again.
Regardless of how stupid the crack addicts or crack addicts are, laws won't fix the problem.
Specifically, Ralph Nader coined the phrase "unsafe at any speed" and I'd like to say that crack is "unsafe at any level of use."
if you believe that, then it's obvious why crack shouldn't be regulated by law because the business model they're based on is inheriently toxic and can't be fixed.
if everyone paid their crack on time, the business model would collapse and the user/dealer backbone would have to be financed with user fees instead.
I know that liberals don't like abstinence, but I was raised to believe that "crack is unsafe at any user rate" and I hope that others learn that too-- because congress can't protect ya, even if the "rate is low!"
April 22, 2007 4:59 PM | Reply | Permalink
I don't care what the industry does, I've made MY choice, after finally ridding my wallet of all the leeches, I will carry no more of their debt instruments. If you couldn't afford it the first time, you won't be able to afford it the next 4 times you end up paying for it with these loan sha...er, lending institutions...
April 23, 2007 12:09 AM | Reply | Permalink
The reason credit cards companies have been so profitable in the first place can be traced to some of their predatory practices, the bait first becomes "educated" when going off to college. Students are lured with credit lines higher than the average working person could get. Oh, BTW, they probably just assume that if a son or daughter gets into credit trouble, mom and dad will happily bail them out. Communicating with credit card companies required extra skill and awareness. There is so much "fine print" that can easily trap you, much more excessive than using a discount coupon for a restaurant and finding out it is not valid on Saturday nights. Misinterpretaion and mix-ups easily arise, even though some people may finally be listening and getting the message.
April 23, 2007 10:03 AM | Reply | Permalink
Free market, my @ss! Almost every credit card is offered by a bank that relies on the FDIC to create enough public confidence whereby the bank can accrue enough cash deposits to loan some out via credit cards and other less profitable lending vehicles. The only credit cards that should be exempt from any form of regulation are those offered by institutions that do not participate in FDIC. That should winnow out the herd pretty quickly. If there's one thing I've learned in life it's that you'll find the most vehement free-marketers in the most heavily government-subsidized industries.
April 23, 2007 10:04 AM | Reply | Permalink
I carry a couple credit cards. In fact nearly everything I buy is via credit card. I pay them off in full every month. I would sure hate to see the do-gooders ban them.
April 23, 2007 10:48 AM | Reply | Permalink
April 23, 2007 2:00 PM | Reply | Permalink
if you remember iran contra, you know who was pushing drugs and I shake my head every time I see nancy reagan... she was doing the "just say no" campaign while her husband was up to his neck in drug trafficing.
so, is the government really a positive influence?
if the iran contra thing didn't happen, and if the feds didn't keep filling the jails with addicts to keep the "prison indutrial complex going," i'd have hope...
thus, like loans and credit cards, the drug abuse problem requires personal will to overcome it...
as far as I can tell, and based on chomsky, I think that the the feds are using drug abuse in america as a smoke screen to continue the fumigation efforts in columbia which actually, according to chomsky, protect oil extraction.
such accusations have made this lefty open his eyes and wonder if the left and progressives are wasting their energy on the wrong things.
April 23, 2007 2:06 PM | Reply | Permalink
this is apologetic and only seems to suggest that a high school education is worthless.
April 23, 2007 2:08 PM | Reply | Permalink
my mother was talking to a neighbor and the line that worked was: "interest is like buying one barbie doll and being required to pay for two."
so if kids hear the right story, they'll smarten up!
April 23, 2007 2:11 PM | Reply | Permalink
It's remarkable how will triumphs over all things in your world view. My compliments. Keep it up, you may work out a handy catchphrase.
If I understand your position on Credit Cards, it is that people are worthless and weak, and in a sufficiently pure and will driven society, they would not exist. That's a very interesting idea. Wake me when that society rolls around.
You also seem to believe that there is no point at all in regulating Credit Cards, since the business model is flawed. This may also contain a hidden attitude that the worthless and weak deserve what they get.
Of course, this logic that Credit Cards shouldn't be regulated because the model is inherently flawed can be applied to anything. Why even have laws against murder, or attempts to regulate food inspections? It's a rather luddite approach to society.
Alternately, I think your argument might be that Credit Cards should be abolished entirely and people should just pay as they go, or at least negotiate loans, mortgages and lines of credit on a case by case basis. Hmmmm. Did I use the word luddite, already?
Sadly, no matter how I come at them, I find it difficult to see your views on the matter having much relevance to the real world as the rest of us understand it. I respect your right to your opinions. But I have to wonder as to their applicability.
I don't think I would consider you a 'lefty.' There's way too much anti-lefty snark in your posts, the sort of sneering thing I've come to expect from certain kinds of right wingers. Perhaps sneering is simply your conversational style. My view, however, of these and other posts is that philosophically, you seem to be some sort of mystical libertarian.
I don't think we've had one of those around here. So by all means, welcome aboard.
April 24, 2007 6:14 AM | Reply | Permalink
If I understand your position on Credit Cards, it's that people are worthless and weak, and in a sufficiently pure and will driven society, they would not exist.
no, I don't consider people worthless or weak or else I wouldn't have high expectations for them. in my world, "once bitten, twice shy." women, for example, are starting to leave abusive men quickly; they don't stay around for more.
This may also contain a hidden attitude that the worthless and weak deserve what they get.
people are strong enough to say: "once, shame on you, twice, shame on me."
Alternately, I think your argument might be that Credit Cards should be abolished entirely and people should just pay as they go, or at least negotiate loans, mortgages and lines of credit on a case by case basis.
this is a nice summary! when I was growing up, we called it "deferred gratification" and financial planning. anything else in my mind is an orgy and I'm not sure why you'd want the left to create problems for itself by embracing anything else?
Hmmmm. Did I use the word luddite, already?
most of my friends wouldn't say that and, in fact, I use all the types of credit which you talked about to "make money" not lose money.
example 1: if I've put too much money in my CD's, and I'm short on cash, I take out a loan in order to pay off my bills. I ultimately pay just a dollar or two in interest since it usually takes me a few weeks to get "cash positive" and debt free again.
The reason why I do this is because, otherwise, I'd lose 90 days worth of CD interest. Additionally, I do these transactions electronically since my bank has no limitations on internet banking-- for example, I send them signed agreements by email!
example 2: I bought a piano using a 12 month interest free credit card; in the meantime, and until the bill is due, I'll be making money by keeping the cash owed in a CD.
Sadly, no matter how I come at them, I find it difficult to see your views on the matter having much relevance to the real world as the rest of us understand it. I respect your right to your opinions. But I have to wonder as to their applicability.
well, just read the book "richdad, poordad" and you'll see where I'm coming from. I don't view the world like you do in terms of being smart and/or stupid but rather in terms of habits. the richdad books talk about the sort of habits that produce wealth and introduces a cashflow game to help you get results. stephen covey also talkes about habits and how they can help you.
while you suggest my position is eclectic, just go to websites like CCCS (http://www.cccsatl.org/) consumer credit counseling services) and you'll see the same sort of stuff I'm writing about. go to google, and do a search on "credit conseling," and you'll find lots of information about "controlling your finances."
I do think that the libertarian philosophy is a good one but I don't see why anybody would want to invite the government into their lives to solve a problem they can handle...
you seem to be some sort of mystical libertarian.
I'd have to study what liberarian philsophopy is, but, in general, I love being philsophical and americans are known not to be philosophical. my best friends tend to be european since they tend to think of the world in philosophical terms.
April 24, 2007 10:48 AM | Reply | Permalink
Well, given that I've seen no one even suggest banning credit cards, you probably don't have anything to worry about.
But I suspect you knew that.
April 24, 2007 12:28 PM | Reply | Permalink
Whenever someone praises the free market, I keep my hand on my wallet.
April 24, 2007 12:33 PM | Reply | Permalink
You're exactly right, I'm surprised the credit card companies don't use cartoon characters to advertise to children. Although, college kids are naive enough to be suckered in by a free t-shirt.
That is just the tip of the iceberg regarding predatory lending and Professor Fried's comment sums up the business quite nicely. Consumers and merchants alike are being taken advantage of by the credit card companies.
For example,
Aside from the serious disclosure problem, of course Gharib has no choice, Visa's market share allows them to impose their will on merchants. In fact, Visa recently raise their interchange rates again with little notice to merchants. These are the fees that merchants must pasy (a fixed fee plus a percentage of each transaction) to the credit card companies and their member banks.
This is an issue I have been following in my work with www.unfaircreditcardfees.com I would recommend checking out our site for some interesting statistics on interchange fees. They affect us as consumers as well by making everything we buy more expensive.
The industry has a problem and if not regulation then some paternalistic libertarianism is definitely called for make the market fair for everyone.
April 24, 2007 2:05 PM | Reply | Permalink
People who have filed bankruptcy are flooded with CC offers. The key words written in bold type are
RE ESTABLISH YOUR CREDIT!
Unfortunatley, many believe they "need" to get a credit card again and fall into the trap.
The credit cards offered to someone fresh out of bankruptcy are DREADFUL and that is putting it mildy.
Type the words: Worlds Worst Credit Card into a Google search bar and see what you find.
Some people fall for this because they beleive they "need" a credit card to "re establish" their credit. Of course they should read the fine print, but I personally don't think these offers should be mailed to people.
This seems to be the message that is all over.
I have listened to many "financial experts" on TV and the radio. It amazes me how so many of them will say to get a CC and then go on to tell the listeners/viewers "how to play the CC game" and the traps to watch out for. The message they are giving is that everyone needs a credit card.
I wish Elizabeth Warren would have her own radio or TV show! :) She is one of few who has common sense !
Bonnie
May 2, 2007 9:00 AM | Reply | Permalink