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As a very last resort, employees with active 401(k) retirement accounts have an option to take out a loan against their future. Borrowing money is never a good position to be in, but if you’re borrowing money from yourself, you ease the pain. 401(k) plans permit borrowing at interest, and paying interest to yourself can help improve your finances in retirement.

The existence of a 401(k) account is often used as an excuse for not creating an emergency fund; if a loan is available at any time, why settle for low high-yield savings accounts when your money could be put to better use? This isn’t a valid argument as elucidated by the dangerous drawbacks of 401(k) loans.

Most people who take out 401(k) loans stop contributing new earnings to their 401(k) plans. Not only is the withdrawn loan not earning more or increasing value in your retirement account, you’re not adding new investments.

One of the most popular emergencies requiring more cash is the loss of a job. If you lose your job, you won’t be able to take a loan from your 401(k). Additionally, if you already have a 401(k) loan when you lose your job, it will be due within 60 days or less. At the same time you need cash, you’ll need to pay back your loan or suffer income taxes plus a 10% penalty. According to a recent study by Aon Consulting, 70 percent of workers who lose their jobs while having an active 401(k) loan default on that loan (pdf).

Even if the 401(k) loan is paid back in full, there’s another drawback. The interest on the loan is considered income, and therefore taxed, twice. When you pay interest back to the 401(k) account, it is paid with your regular income, which would be included on your tax return as taxable income. Once that interest is in your 401(k) account, it is mixed in with the before-tax contributions, if your loan was from the before-tax portion of your 401(k). When you retire and you withdraw your funds, the full amount of your before-tax contributions and their earnings will be subject to income tax. You could also argue that the principal portion of the loan payback amounts are taxed twice as well, because a 401(k) loan payback is not considered tax-advantaged and does not reduce your taxable income like a 401(k) contribution.

Congress is currently mulling legislation to limit 401(k) loans. If the law passes as it currently stands in bill form, employees could only take three loans against their 401(k) at a time. Repeated borrowing just sounds like trouble. The law would allow employees to continue contributing to 401(k)s while a loan is outstanding. I would think if any extra money is available, it would be better served paying off the loan rather than making new investments. I suppose it could be more tax efficient this way, but paying off debt should be a priority, even if the borrower is the same individual as the lender. Third, the law would ban 401(k) accounts from issuing debit cards that allow investors to use retirement funds as a transaction account. This sounds reasonable.

Some 401(k) plans might be more restrictive than the law. In most cases, borrowing from a 401(k) is just a bad idea. It’s tempting in emergencies, though, particularly for households that have not been able to create an emergency fund. A 401(k) loan should be a last resort. If you get stuck and are unable to pay the loan, the government takes a big chunk. On a $10,000 loan, assuming 25% federal taxes, 5% state taxes, and a 10% penalty, you’ll only be able to keep $6,000.

Have you or would you borrow from your own 401(k)?

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Last November, the Consumer Financial Protection Bureau began to take shape after being a part of a bill in Congress signed into law in July 2010. Now, a year later, the bureau is ready to launch. Elizabeth Warren was appointed by President Obama to assemble the bureau, and in this role, Congress pressed her on the bureau’s powers and accountability. In the end, though Elizabeth Warren is suited for the role of director, it became clear that moving her from the role of establishing the bureau to the role of its director would be politically difficult.

The President has nominated Richard Corddray, former Ohio Attorney General, to the role of director of the Consumer Financial Bureau. As director, after being approved by Congress, he’ll oversee consumer issues including credit cards, credit bureaus, payday lenders, mortgage brokers, student loan companies, debt collection, banks, and credit unions.

The Consumer Financial Protection Bureau is charged with being an advocate for consumers in an industry that is often suspected of misleading customers. The playing field isn’t level; with complicated financial products, even the most studious consumers can get caught up in products with terms that are unfavorable. When there’s another news story about a financial company whose salespeople mislead, intentionally confuse, omit important details, pressure customers for their signatures, or outright lie, trust in the industry among the general public decreases. If the new Consumer Financial Protection Bureau works as planned, consumers will be armed with more and better information about financial products and will gradually learn to trust the industry again.

This bureau will have the ability to issue new rules for financial companies and some non-financial companies, but there are many things the bureau will not be able to do. For example, it will not have the power to limit payday loan fees. These fees, which when viewed as interest rates can be equivalent to 100% APR loans, are beyond the reach of the bureau. It will, however, be able to redesign product documents that outline the terms and conditions of financial products, so customers can easily understand and evaluate their products. Credit card companies have already redesigned statements, which help customers see the actual cost of debt.

The bureau will also handle hundreds of thousands of complaints filed by consumers.

Government agencies tend not to work as planned, however. The financial industry lobbies hard to ensure the government doesn’t stand in the way of profits, and while the industry does agree that consumer protections are important, it would prefer to work with the many government agencies already charged with industry oversight. Many politicians will side with the financial industry, moving forward more legislation to limit the role of the new bureau even further.

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Today’s guest on the Consumerism Commentary Podcast is Preeti Vissa, community reinvestment director of The Greenlining Institute, an organization whose mission is to empower communities of color and other disadvantaged groups through multi-ethnic economic and leadership development, civil rights, and anti-redlining activities.

Consumerism Commentary Podcast #99
Swipe Fees: S04E21 / 123

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Table of contents

[00:00] Introduction from Bryan J Busch
[00:37] Interview with Preeti Vissa
[00:46] About the Greenlining Institute and community reinvestment
[03:11] The debate over interchange fees
[04:14] The effect of interchange fees
[04:48] Are we being overcharged?
[06:07] How merchants might change if fees are reduced
[06:49] The current proposal to regulate swipe fees
[07:23] What banks are saying about the proposal
[09:41] The need to increase checking account costs
[12:06] Unbanked and underbanked Americans
[13:26] Different banks and bank products are affected differently
[14:32] The new rules for overdraft fees
[15:15] The Consumer Finance Protection Bureau
[17:32] 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.

Full transcript

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A Consumerism Commentary reader wrote in with the following question:

I called our health insurance company about adding our sons back on our policy and they said they still had to be in school for 12 credit hours. Is this true? They said the new law did not effect them yet. Any answers for this would be great.

It likely is true. Some provisions of the health insurance reform law haven’t taken effect yet. However, a relevant piece of the legislation takes effect September 23, six months after the bill was signed into law. This provision declares that children can be included on parents’ health insurance plans until the age of 26. The reader did not specify the age of the sons, but if they fall into the allowed range, the number of credit hours enrolled in college is irrelevant.

This is good news for many graduates who have finished their education but have been unable to find a job offering benefits. The bottom line for this reader is that later this week, her sons enrolled in less than 12 credit hours will be eligible to be added to her own health insurance plans as long as they are under the age of 26.

The above only applies for insurance coverage that began after the law was enacted in March. Plans that were in existence at that time are grandfathered, and not subject to the new rules yet. If children under the age of 26 do not have access to other employer-based insurance plans, they can be added to parents’ plans to be effective January 1, 2011; the restriction is lifted so this feature is available to all children under the age of 26 on January 1, 2014.

Got any questions? Contact me, and if I don’t know the answer, I’ll research it.

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4 Ways Credit Cards Can Still Penalize Borrowers

by Flexo

Last weekend, the final changes to the credit card industry spurred by the Credit CARD Act of 2009 went into effect for all credit card accounts, including existing accounts. While the goal of the new legislation and resulting regulation is to protect consumers by clarifying the terms of using credit and by banning some unscrupulous ... Continue reading this article…

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The New Financial Regulation Law and Your Money

by Smithee

Flexo posted a good review of the major changes in the Wall Street Reform bill that passed through Congress yesterday, and mentioned that it will be some time before we know exactly how the regulations which are now possible will be written. But there are some reasonable guesses we can make, and I thought it ... Continue reading this article…

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Podcast 62: Families and Money Survey, Bank Overdraft Fees

by Flexo

Today’s episode of the Consumerism Commentary Podcast features two guests. In the first segment, Tom Dziubek talks with Carrie Schwab-Pomerantz, president of Charles Schwab Foundation. Carrie discusses the findings of their 2010 Families & Money Survey and also talks about the financial tools available at Schwab MoneyWise. In the second segment, Tom speaks with Jim ... Continue reading this article…

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Government to Regulate Credit Card Swipe Fees

by Smithee

It will be at least a month until we know what the final financial overhaul bill looks like and exactly what proposals are being made, but one smaller provision that exists in similar formats in both pieces of legislation is a change to the way debit and credit cards are handled in stores. Currently, the ... Continue reading this article…

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