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From time to time, Consumerism Commentary readers contact me with questions. I am not an investment professional or a financial planner, and I don’t offer advice related to investing other than my general thoughts on the topic. The questions I receive range from basic investing details like government-regulated limits for investment account types to how to deal with a malfunctioning ATM. I can answer some questions publicly, as the answer may benefit others in similar situations.

I recently received a question from a Consumerism Commentary reader. He is having a problem with his pension managed by TIAA-CREF. This is a timely topic, as I’ve just recently written about this company’s new retail banking branch and the TIAA Direct High Yield Savings Account. In this case, the reader believes that his account has somehow been tampered with. He has made repeated attempts to work with the company, but the broker’s customer service department refuses to rectify the balance in the account.

Without having any further details, I can’t be confident about the merits of the issue. Investments lose value often, and have particularly done so in the last few years. While a pension should be invested in a manner that is generally safe from value decreases, it isn’t always. There is risk that the investments in a pension will lose value, at least in the short term. Balances may fluctuate, but if you have a guaranteed pension payout, that should not be affected unless the pension is underfunded.

Savings and checking accounts are protected from losing value by the FDIC, a government agency. Another government agency, the Pension Benefit Guaranty Corporation (PBGC) protects pensions. This agency will take over pensions that go bankrupt in order to maintain promised payouts to pensioners.

Disputes about investment balances are handled elsewhere, however. If you believe a broker has not managed your account correctly and that you’ve lost money as a result of anything other than investment performance, then you can raise the issue with the Financial Industry Regulatory Authority (FINRA) and ask for arbitration. The process will take some time to resolve. On average, the process has been taking 14 months in the most recent data offered by FINRA.

Here’s how you can get started once you’ve exhausted all avenues for resolving the dispute directly with the broker. I should point out that you may want to avoid this process until you’ve done everything in your power to resolve the issue directly with the broker, including contacting the company’s executives.

  • Get a lawyer. An attorney familiar with investment banking will help you navigate this process. You can choose to handle the process yourself, but your opponent, the broker, will certainly have a lawyer. You don’t want to be at a bigger disadvantage than you already are for being one person battling a large corporation.
  • File a claim with FINRA. To prevent frivolous claims, FINRA requires anyone filing a claim to pay fees. The filing fee is based on the amount of damages you’re claiming. FINRA offers a fee calculator to illustrate what you might pay; I ran the calculator for a hypothetical claim requesting $200,000 in damages, and the resulting fee was $1,425.
  • Select an arbitrator and schedule a conference. FINRA will provide a list of arbitrators, and you and the broker must agree on the company that will be helping resolve the issue.
  • Present your evidence. You and the broker will go through a discovery process to exchange evidence that you were or weren’t damaged through the broker’s action or inaction. This will involve exchanging documents in support of your claim and presenting your argument in person with the arbitrator.
  • Wait for the arbitrator’s decision. Once the arbitration company considers the evidence, it will issue a decision and award any damages if necessary.

In 2012 through February, 79 percent of all complaints were settled any time after the initiation of the claim, so there’s a good chance that with the help of the arbitrator, you and the broker could come to a mutual agreement without going through the full arbitration process. In the same time frame, for claims that were not settled or otherwise closed before the arbitrator’s decision, the claimant was awarded damages in only 50 percent of the cases.

By investing with a broker associated with FINRA, you’ve agreed to abide by this arbitration procedure to resolve disputes when you’re unable to achieve your desired results by dealing with the broker directly. You can get started by filing a FINRA claim at the organization’s website or viewing the information FINRA has made available to the public.

Have you ever filed a FINRA claim for damages against a broker? I expect most Consumerism Commentary readers have not, but if anyone has experience with this type of process and can share some of the details, I’m sure readers would be interested in hearing about the process.

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Save Money at the Gas Pump

This article was written by in Consumer. 29 comments.

If you’ve stopped at a gas station lately, you might have been shocked to see the price on the big signs. Even if your gas station charges a different amount for credit card users than for cash customers, sometimes called a “cash discount” even though it’s the cash price that’s competitive with other stations, the lowest prices are higher than ever.

According to AAA, the average gas price across the country is now $3.76 per gallon. It’s not a record, but it’s getting close. Blame it on Obama, Bush, Iran, or Saudi Arabia; it doesn’t change the situation. The best we can do as consumers is to do our best to reduce our reliance on gasoline for transportation.

Gas Pump Fuel | crowt59Here are a few tips for saving money on gas.

  • Use technology to save money. Smartphone apps can tell you the locations of the gas stations with the best prices along your path. With this information, you don’t need to drive out of your way, wasting fuel, to get to those low-cost stations.
  • Use the best gas rewards credit cards. If your spending is in check, use credit cards that offer the best rewards for fueling your vehicles. If you can get 5% on your gas spending, you could have an advantage over people paying cash, but you’ll have to compare that option with the stations that offer a cash discount.
  • Maintain your car properly. Use a trusted mechanic, watch the performance of your tires, and keep your car clean and empty. Small changes in your tires and vehicle weight can affect your gas-mileage, so keep your car running efficiently.
  • Travel less. Work from home more often. If you’re shopping for a new job, consider mass transportation or car-pool options. In the last year, since working from home, I still drove 10,000 miles. That’s down from 14,000 miles over the prior year. The year before that, I drove 15,000 miles.
  • Consider a more efficient vehicle. While I generally don’t consider it a good idea to replace a perfectly functioning car just for efficiency, if you’re shopping for a new car, it may be worthwhile to buy something partially powered by electricity. This isn’t the best plan for all drivers, and the cost vs. benefit calculation often takes a while for the increased cost of these vehicles to break even through savings on gas.
  • Plan your trips efficiently. If you can combine your errands requiring transportation rather than venturing out several times each week, you can save gasoline and money. Plan your routes in a way that reduce the total number of miles driven rather than retracing your path.
  • Use an investing strategy to hedge against gasoline price increases. It may seem counter-intuitive when your plan is to reduce reliance on gasoline, but by investing in the oil industry, you benefit when companies profit from higher gas prices. If, however, companies don’t increase their profit with higher prices, then you’re stuck paying for higher gas without a strong investment to compensate.

About a year ago, I asked if Consumerism Commentary readers were ready for gas prices of $5.00. That level as an average is starting to look like a reality for the near future. While some commentators often remind Americans that people in other current countries often pay much more per gallon than those of us lucky to live in the United States, it’s not exactly a comfort to people who have built their lives around the ease of transportation.

What are your tips for saving money on gas?

Photo: crowt59

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Just when you thought it was safe, Bank of America and other large, national banks, are still finding ways to charge customers new fees. Only a few months ago, word of a new $5 monthly fee for debit card users sent Bank of America customers into a frenzy, threatening to move money away from the financial giant. Bank Transfer Day was largely a success, despite the complicated process of switching banks in today’s automated banking environment.

Hundreds of thousands of customers enrolled in credit unions, smaller organizations that are generally more consumer- and community-friendly than national institutions. Fees like Bank of America’s $5 debit card fee hit mainstream news outlets, bringing personal finance into the consciousness of the public once again. Bank of America eventually dropped its proposal for the new fee, but the bank didn’t stop looking for more methods of extracting funds out of its customers.

Bank of AmericaFor the last generation, customers have grown accustomed to free or mostly-free checking and savings. These are considered deposit accounts. Depositing your money with a bank is more beneficial for the bank than for the customer. Doing business with a bank does the company a favor. The institutions should be paying customers for the banks’ benefit of holding the customers’ money. Sometimes banks do pay consumers, through interest on savings accounts, which as most people know have been at pathetic rates for the last few years.

With money on deposit, banks can go out and offer loans to businesses and individuals, earning money on the interest charged on those loans. That’s where banks should make money from their customers. Savings and checking customers are doing banks a favor.

Lately, the problem has been that banks aren’t making as much money from lending as they had previously, and shareholders demand consistently growing profits. That pressure results in even more fees. And banks are now counting on the fact that last year’s outrage has subsided, and the public is now willing to live with the idea that basic banking is not free. Additionally, it’s fair to say that the cost for a bank to manage checking and savings accounts may have increased, due to research and development into technology to provide all the banking conveniences (online access, mobile apps, person-to-person payments, etc.) that consumers have come to expect, although one could argue the lowered reliance on tellers and live customer services representatives should offset that cost.

Furthermore, the latest round of fees are designed to hurt lower income households more than those with higher net worth amounts. It’s been true in investing for a while that the better rates and lower fees are available to those with higher balances. This is due to the attempt to convince customers to invest as much money as possible with any one particular institution or brokerage. The same is true with fees; the more money you have, the more leverage you have to demand lower costs for the services you buy.

This leaves low-income families in a tough spot. If you can’t maintain a minimum balance in your checking account, a monthly fee will reduce that low balance even further, possibly even below zero, so you end up owing money to the bank or the bank decides to close your account. While the balance minimums encourage customers to leave more of their money with one institution, not all customers have more money to deposit.

Here are a few recent examples of how the latest round of new fees from big banks penalize those without the means to deposit more.

  • Some Wells Fargo customers have been subject to a new $15 monthly fee if unable to maintain a $7,500 balance. And they’ve recently changed policies to prevent customers from suing the bank or being part of a class-action lawsuit.
  • Citibank increased its minimum balance to avoid a $20 monthly fee from $6,000 to $15,000.
  • Bank of America is testing new monthly fees of $6 to $25 in three states (Arizona, Georgia and Massachusetts).

At the same time, an informal poll of fans of Consumerism Commentary on Facebook and followers on Twitter indicates most engaged Consumerism Commentary readers, who generally earn more than the average internet user according to basic demographic research, pay nothing for their checking account, though some are still subject to a minimum balance or enrolling in direct deposit to avoid a fee. Finding free checking is still possible, especially with credit unions, but non-students still need to occasionally jump through hoops with major banks.

New regulations are often cited by the financial industry as the trigger for punishing low-income customers for handing their money to banks for safekeeping and lending. Others see these new fees as a way for banks to increase profits while using regulation as a convenient scapegoat. Of course, opinions on the matter are generally divided along political party lines as well as between industry lobbyists and consumer advocacy groups.

Low-income families might continue to avoid the banking industry, which may be the unstated goal of financial institutions in the first place. Unfortunately, that leaves little choice for low socio-economic status communities other than turning to non-bank financial products, like expensive payday loans and check cashing services. Not only do these communities need better financial role models (education alone will never solve the financial literacy problem), but they need to be guided toward better products and services.

There’s a real market opportunity for better products and services, for smart entrepreneurs who are looking to make a difference. In the mean time, here’s how to close your Bank of America savings or checking account when walking into the branch won’t work for you.

Photo: MoneyBlogNewz
KVAL / AP

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Banks Offering Remote Deposit

This article was written by in Banking. 22 comments.

Almost ten years ago, the government passed a law that made electronic images of paper checks just as legitimate as the paper checks themselves. As banks implemented the law, it saved time and money by allowing banks of first deposit to scan checks after a customers deposit them for verification with the originating bank. With an image of a check being accepted in place of a paper check, more banks have begun implementing a convenience to customers as well.

Businesses were the first customers to receive these benefits. For a business that receives thousands of checks every day, bringing the physical paper checks to a branch for deposit can be an expensive and time-consuming process, fraught with the possibility of security problems with the checks in transit. Banks have offered business the option of remote deposit. With this service, the customer can scan checks using a specialized imagine device (check scanner) and transmit the images securely over the Internet or a private network connection. The funds are then available immediately rather than overnight.

CheckbookWith this success, banks are in the process of extended similar features to non-business customers. With the proliferation of cell phones with built-in, high-megapixel camera, banks can now offer deposits using snapshots of checks sent via text message or custom smartphone apps. For these customers, no bulky desktop scanner is necessary, and there’s no need to be home to make the deposit. You can effectively deposit checks from your mailbox down the street or from your grandmother’s house on your birthday.

Business customers still have the advantages, with very few banks actively offering this service to non-business customers. The number of banks offering this service to consumers is increasing, however.

Remote deposit is most useful for banks that don’t have local branches, like these online banks. ING Direct, still bloggers’ most favorite bank, is working to implement remote check deposit soon, but with the bank’s planned acquisition by Capital One it’s unclear when new features will be added. ING Direct recently began offering paper checks to customers, so remote deposit capture may not be too far behind.

Chase Bank offers apps for iOS and Android devices. The application allows customers to log into their bank accounts. To deposit a check, take a picture of the front and back, and send the images securely to Chase using the application. The deposit will be recorded as pending immediately, though availability will depend on the bank’s typical schedule, usually next business day availability for local checks. The availability schedule has several variables, though, so always check with the bank to determine when the funds you deposit will be available.

Ally Bank has offered remote deposit for customers since April 2011, but the bank has just recently opened the program to all customers. Ally’s eCheck Deposit service requires a scanner and some manual work, such as inputting the check amount (shouldn’t this be automatically read when scanned?) and aligning the images. Ally plans to offer a mobile application soon.

The USAA Bank mobile application for iOS, Android, and Windows Phone 7 includes a feature allowing remote deposit. Deposit@Mobile requires the customer to enter the check amount, take one photo of the front of the check and one photo of the back, and submit the images to the bank through the application. The bank will confirm the deposit amount.

Have you used your bank’s remote deposit service? If so, what did you think of the experience?

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Best Holiday Toys 2011

by Flexo

Christmas and Hanukkah are right around the corner, and if you have children, they might already be looking forward to the holiday season. Gift-giving is a big part of the holiday season, as it has been for a long time. Commercialism is the most popular American religion as we approach the end of the year. ... Continue reading this article…

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Don’t Run on Empty, and New EPA Stickers for New Cars

by Flexo
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Before my girlfriend purchased a new car, she was always careful to refuel her old car before the gas gauge dipped below a quarter of a tank. I’ve been living on the edge, letting my gauge drop to one-eighth of a tank or less before refueling. Her concern was that the gauge didn’t seem very ... Continue reading this article…

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$50 Amazon.com Gift Card Giveaway for May 19

by Flexo

Hot on the heels on what has likely been the most successful giveaway we’ve done at Consumerism Commentary, today brings another giveaway. Throughout this month, I’m celebrating Giveaway May; every weekday brings something new to reward readers and visitors. Yesterday, we surpassed 1,000 fans of Consumerism Commentary on Facebook. This is a great milestone! Today’s ... Continue reading this article…

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May 11 Giveaway: $100 and Pay Off Debt App

by Flexo

Giveaway May has been wildly successful so far. Every weekday during this month, I’ve been giving away gift cards and other prizes, and this is going to continue until the end of May. Yesterday’s Kindle was a popular item, but I’ll continue offering valuable prizes every day, including some surprises to come. Today’s giveaway is ... Continue reading this article…

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