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Today on the Consumerism Commentary Podcast, Bryan J Busch talks to John Taylor, president and CEO of the National Community Reinvestment Coalition.

They talk about the benefits and drawbacks of Capital One merging with ING Direct USA, and how the Federal Reserve Bank is treating this merger.

Consumerism Commentary Podcast
CapitalOne Merger With ING Direct: S06E19 / 148

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Table of contents

Consumerism Commentary Podcast[00:00] Introduction from Bryan J Busch
[00:33] Interview with John Taylor
[00:46] The merger between CapitalOne and ING Direct is not a done deal
[01:50] Ongoing criticism of the merger
[03:40] CapitalOne’s risk increases with its size
[06:56] What could change for ING Direct customers?
[09:41] How the Dodd-Frank bill affected this merger
[11:35] The free market needs to be paired with fairness
[13:12] Privacy may play too big a role in such mergers
[15:17] What can ING Direct employees expect to see change?
[16:14] The Fed should require more transparency
[18:00] Capital One made a $180B pledge that may be ignored
[18:49] The Federal Reserve Bank has taken small steps toward serving the public
[20:49] End

We always welcome feedback from listeners. If you have any comments for this episode or for any other, or if you have suggestions for future episodes, please leave us comments here or email us at podcast at this domain name.

Theme music by Mindcube.

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Now that I’m not working for an employer other than myself, I no longer have the benefit of investing part of my salary in a company-managed 401(k), and I also no longer have the benefit of the employer-matched contribution. I’ll miss the 100% return on the first 4% of my pay. Before leaving my day job, I researched my options for replacing my employer’s 401(k), and after carefully considering my choices, I decided to open an Individual 401(k) to accompany my already-existing SEP IRA.

Benefits of an Individual 401(k)

There are two types of contributions that an Individual 401(k) — also called a Solo 401(k) — can take: employer’s contributions and employee’s contributions. There are slightly different rules for sole proprietors than there are for corporations. Since my business is a corporation, the maximum employee contribution is $16,500 or up to 100% of compensation, whichever amount is lower, just like a regular 401(k). This contribution, combined with the employer contribution, have a maximum of $49,000.

For tax purposes, the employee contributions are taken before they income is taxed and reduce the income of the employee, while the employer contributions are deducted from business income.

Choosing Vanguard

For me, choosing Vanguard for the Individual 401(k) made sense. Their low-cost Admiral shares will, if one believes the principle of investing in index funds and a buy-and-hold strategy, provide the best returns by the time I “retire.” There is an annual maintenance fee of $20 for the account per participant, but that fee is waived if you qualify for Vanguard’s Voyager Services. Once you have $50,000 at Vanguard across almost any type of account, you qualify for the eliminated fees with Voyager Services. In fact, if you have more than one employee, it only takes one employee to qualify for Voyager Services to fees to be eliminated for all participants.

Update: I signed up for Admiral shares in my Individual 401(k), but it turns out they are not available. Apparently, Vanguard does not want to offer Admiral shares in Individual 401(k) accounts because it would amount to unfairness between highly-paid employees and those who are not. Vanguard offers Admiral shares to encourage customers to move more money, but in situations where Vanguard is a an employer’s choice, rather than an individual’s choice, they want all employees to have a level playing field. (I would argue that they should offer the lower cost option to all employees if they want equity among various income levels.)

Although I chose Vanguard, many popular brokers offer Individual 401(k)s. Fidelity and T. Rowe Price are two low-cost options as well. My brick and mortar bank offered me the option when I visited the other day to talk about my business checking account, but I was not happy with their investment options and fees.

The opening process

Establishing a new Individual 401(k) is not as simple as applying for a savings account online, however. Visit the Small Business section of Vanguard’s website and locate the information on the Individual 401(k). There is a link to download the Individual 401(k) Kit for Employers. This is a PDF document that contains all the forms you need to establish a new Individual 401(k) for your business as well as accounts for any participants. The forms cannot be submitted online.

Here is what the kit includes:

  • Individual 401(k) Plan Adoption Agreement. This establishes the Individual 401(k) plan from the employer’s side.
  • Individual 401(k) Plan Authorization Form. This form informs Vanguard who will have access to make decisions about the 401(k) on the company’s behalf. Although Vanguard includes an attachment with this form as required by law, do not complete the Attachment A. If you complete the attachment and include it with your paperwork, Vanguard will not be able to establish or amend your plan as necessary.
  • Individual 401(k) New Account Form. I am my only employee, so I completed this form to establish the employee side of the Individual 401(k). If there were other employees, I could copy this form, have all employees provide their own information, and include the completed forms in the package.

When all forms are complete, just send the package back to Vanguard, to the address provided multiple times within the collection of forms. Not long after Vanguard receives the information, the brokerage will provide more information about how to contribute to your Individual 401(k). It took me longer than I wanted to get around to completing the forms, but it was much simpler than I imagined. You will be able to establish recurring contributions for the employer as well as the employees.

Accessing your Individual 401(k)

Vanguard has a separate website for small business customers. While I can view my Individual 401(k) using the normal user name and password I’ve had established for years, the Individual 401(k) requires me to establish a new user name and password for the small business side. All contributions, both employer and employee, will need to be established using this alternate user name. I don’t particularly like having two separate user names for the same brokerage.

After Vanguard processed my paperwork and established my account, I received an email to link my new participant account. Logging in was a frustrating process at first because I did not know that a new user name was necessary. The small business website rejected my user name, and I called customer service for help. The representative was able to explain the above to me, and I established my account. Furthermore, you cannot be logged into the individual investor side of Vanguard.com and later log into the small business side. You must clear your browser’s cookies in order for the login to work properly.

Contributing to the Individual 401(k)

Like many businesses, it will be difficult for me to predict what my business income will be for 2011, and will therefore prevent me from knowing exactly what my personal income will be. While it’s usually better to invest as much as possible at the beginning of the year, this unpredictability leads many businesses to contribute to these plans at the end of the year. I’ll be investing throughout the year, month by month, once I determine each month’s income.

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The White House is proposing a realignment of the financial regulation that failed to prevent the latest recession, but will the proposals help protect consumers? There is a long way to go between the President’s proposal and the enactment of a law, but here are the highlights as the plan stands today.

The Financial Services Oversight Council, run by the Treasury, will “help fill gaps in regulation, facilitate coordination of policy and resolution of disputes, and identify emerging risks in firms and market activities.” They will have the power to gather information from any financial firm to identify risks. The Council will be composed of one leader from each of the federal financial regulators.

Not only banks will be regulated. Any company whose size allows its instability to threaten the stability of the economy will be within the scope of the increased regulation.

There will be no more federal thrifts.

Hedge funds and other private pools of capital will be required to registers with the SEC.

The government will create the Consumer Financial Protection Agency (CFPA). This agency stands to be one of the strongest in terms of ability to create and enforce regulations throughout the financial industry. The organization will focus on transparency, simplicity, fairness, accountability, and access.

Along with the elimination of federal thrifts, the Office of Thrift Supervision (OTS) will also disappear or be incorporated into other regulatory agencies. Interestingly, this is the one regulator bankers like. In the current environment, financial companies can often shop around for their favorite regulator, and the OTS has often been chosen thanks to their hands-off approach. OTS was the supervisor of choice for the failed companies IndyMac, Countrywide, Washington Mutual, and AIG. Other regulators were not immune, however.

Just like the FDIC helps banks fail in an organized manner rather than allowing the failure to spur chaos, the new regulatory system would do the same for all other large financial companies.

Penelope Wang from CNN explains how these regulations might affect consumers.

  • Consumers will have access to “plain-vanilla” mortgages with simple terms and pricing. In my opinion, these are almost guaranteed to be more expensive thanks to the simplicity premium.
  • Brokers will not be encouraged to “suggest” customers choose unaffordable mortgages.
  • Some overdraft loan changes will require customers to opt in to overdraft protection.
  • Regulators would enforce fair lending laws so more low-income families would have access to financial services.

New Foundation, New Stability, Jesse Lee, The White House, June 17, 2009
How Obama’s Financial Watchdog Could Protect You, Penelope Wang, CNN, June 17, 2009

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It’s not unusual for even the most savvy credit-card-carrying consumer to fall into some of the most popular traps for spenders set by credit issuers. I write about using credit cards wisely, but unfortunately, many who don’t get penalized with interest and fees. Even those who always pay their credit card bill in full are assisting the issuing companies and banks through the interchange fees merchants have to pay to Visa, MasterCard, and American Express each time they accept a payment using a particular credit card.

Americans for Fairness in Lending (AFFIL) and Consumers Union have devised ten tips that should always be considered when making decisions about your credit card usage. While the article is primarily intended for college students, there is nothing about these tips that would make it exclusive to a certain level of educational progress. I’ve added some of my own thoughts.

1. Don’t get tricked, trapped, or suckered into a card with bad terms. AFFIL suggests looking for a low long-term interest rate rather than a teaser rate. This is a moot point if you are able to consistently pay your bill in full. Unfortunately, not everyone can make that kind of commitment. If you know you’ll be spending in debt for a while for whatever reason, and you don’t want to risk your credit score by jumping from one introductory offer to another, look for a low long-term APR.

sliced credit card2. Once you choose a card, don’t let your guard down. A “fixed” interest rate doesn’t mean that they can’t change your rate. Chances are your interest rate will change at least once, and the notices that warn you ahead of time often look like any other junk mail. In my experience, some companies are notorious for “forgetting” to send your credit card bill. If you’re not on top of your schedule, you may miss a payment. This could have very expensive consequences.

3. Pay your bill on time. It’s not enough to get your payment to the credit card company in the nick of time. Get it there early so there’s no question whether you missed the deadline or not. Setting up automatic payments can be a good idea, but not many credit card companies allow you to pay your bill in full each month. Usually, if you set up a payment schedule, it must be for a consistent amount each month.

4. Pay your bill in full. This is fourth on the list, most likely because these tips seem to be in chronological order rather than importance order. As a matter of importance, this is probably at the top. This is the only way to avoid paying more than you should for any purchase on your credit card. Once you don’t pay any bill in full, many credit cards employ two-cyce billing, which means you could owe even more interest even after you think you’ve paid off your entire balance.

5. Do not go over your credit limit. In the “old days,” credit companies would decline your purchase if you hit your credit limit. Now they let the transaction complete and add on “over-limit fees.” Also, a high credit limit might entice someone to spend more than they can afford. If the credit card companies think that Johnny can handle a $10,000 credit card bill, they must be right, right? Nope.

6. Stay as far away from a credit card “cash advance” as you can. This is one of the most expensive forms of debt available, except for perhaps payday loans. It’s usually a last resort — borrowing from friends or family may hurt your pride more, but cash advances will hurt your wallet. If you have a cash advance and purchases on the same card, your payments will go towards the low-APR purchases before the high-APR cash advance, which means you’ll be paying much more interest for much longer.

7. Ignore those in-store “15% off if you sign up for our credit card” offers. Most people should follow this advice. There are a lot of pitfalls with this type of behavior. Your credit score could get dinged quite a bit, and if you plan on qualifying for a mortgage, you may get a lower rate and end up paying thousands more than you might have otherwise over the course of your entire life. Was it worth it to get a few hundred dollars off an HDTV? Maybe not. But then again, if your credit score is not a concern and you absolutely pay your bill in full every month, there is no harm in the occasional store credit card for an instant discount. You win with the discount, and the credit card company wins with a healthy interchange fee from the store.

8. Carry only one card. I can’t think of any situation in which a typical consumer will need more than one credit card in your wallet. I carry one personal card and one business card to separate my purchases, but that’s only because I pay my bills in full and I look for cash back. A “typical consumer” — one who doesn’t always pay in full — would be better off with cash or debit cards for most purchases and credit only for small emergencies.

9. If you do get into credit card debt, get help right away. AFFIL suggest starting with the Consumer Action Help Desk. The bottom line is that if you get into credit card debt, regardless of how well or strongly issuing companies market to you, you are responsible. If you have income, getting out of debt doesn’t have to be a monumental task. Simple mathematics, while also taking into consideration the motivation provided by a series of small achievements, will show you the best way to get it done.

10. Remember your other option: cash. Cash is (almost always) king. It will certainly keep you out of trouble, and as long as the money is yours, you know that you are not spending beyond your means.

Holiday Season Tips to Avoid Credit Card Traps for College Students [AFFIL]
Image credit: zingersb

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Fairness and The Brain (and Other Neuroeconomic Studies)

by Flexo

The California Institute of Technology is undertaking a study in neuroeconomics, and it has to be one of the most interesting things I’ve come across in the realm of finance in the past few years. The researchers are undertaking experiments in which they measure reactions in the brains of individuals [WSJ] who must decide to ... Continue reading this article…

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Governor Jon Corzine Voluntarily Pays Ticket

by Flexo

Jon Corzine, the governor of New Jersey, was in an accident a few weeks ago. He was badly hurt because he wasn’t wearing a seat belt at the time. He fractured his thigh, ribs, and other bones and spent some time in a hospital. He’ll be spending even more time rehabilitating. He wasn’t issued a ... Continue reading this article…

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Gas Service Stations and Gouging

by Flexo

The federal government announced the other day that they will investigate price gouging by gas stations. The announcement itself may have helped to ease prices a little, but most of the time, the investigators report that price movement is merely due to the forces of supply and demand. I heard on the radio this morning ... Continue reading this article…

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Lose Your Money In Three Easy Generations

by Flexo

Here’s an interesting statistic: Nine out of 10 affluent families will lose their wealth within three generations. The article describes some steps you can take if you happen to be in one of those wealthy families to help your money last for centuries. It seems to come down to passing along values in addition to ... Continue reading this article…

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