Blog
How SAFER Banking Act poses new dangers to marijuana and other legal industries
Marijuana has been in the news lately, and the news seems to be overwhelmingly favorable to the industry in terms of reducing uncertainty as to…
Blog
Small banks targeted as FDIC cracks down on technology partnerships
Earlier this week, Politico’s “Morning Money” column reported an astonishing finding that almost certainly points to politicization in enforcement by federal bank regulators. The…
News Release
CEI praises measure to overturn CFPB’s destructive price controls on credit card late fees
On Wednesday, the House Financial Services Committee is expected to approve a Congressional Review Act (CRA) resolution sponsored by Rep. Andy Barr (R-KY) to overturn…
American Institute for Economic Research
Biden Redoubles Effort to Crush Crypto With EIA’s Mining Survey
The Biden administration has launched yet another attack against the cryptocurrency industry–an environmental impact “survey” to bolster a politically motivated attack on the crypto mining…
National Review
Critics of Capital One–Discover Merger Are Missing the Elephants
Politico
Bank exec crackdown fades post-SVB
CEI’s John Berlau is cited in Politico regarding the exec crackdown’s subsiding: The free-market Competitive Enterprise Institute led a letter to Congress in February urging members…
News Release
CFPB Price Controls on Late Fees Mean Less Credit, Higher Costs for Cardholders
Today, the Consumer Financial Protection Bureau (CFPB) finalized a rule on credit card late fees that would do far more harm than good, according…
DC Journal
Economists, Free Market Groups Urge Congress to Reject RECOUP Act
CEI’s John Berlau is cited in DC Journal on outside groups to reject the RECOUP Act: That’s the concern of John Berlau with the Competitive…
News Release
Coalition Warns Against RECOUP Act that Gives Vast Powers to Banking Regulators
The Competitive Enterprise Institute and Americans for Tax Reform today led a coalition letter to congressional leaders opposing the RECOUP Act. CEI’s John Berlau explains…
Letters
CEI Leads Letter Rejecting Recoup Act
Dear Speaker Johnson, Minority Leader Jeffries, Majority Leader Schumer, and Minority Leader McConnell: As leaders of policy groups concerned with constitutional liberties, government accountability, and…
Washington Examiner
Capital One merger could make Discover a rival to the largest credit cards in payments
CEI’s John Berlau is cited in the Washington Examiner on the credit-card merger: “Discover is currently in fourth place in card network size, far behind…
Fox Business
How Capital One’s acquisition of Discover could impact consumers
CEI’s John Berlau is cited in Fox Business on the acquisition: John Berlau, director of finance policy at the Competitive Enterprise Institute (CEI), said in…
News Release
Capital One/Discover Merger Not a Threat to Competition, Overregulation Is
The proposed merger between Capital One and Discover is not a threat to competition in the credit market, but there is one big looming threat…
Blog
George Washington’s marvelous list of liberties and grievances
On the federal holiday on Monday and on his real birthday on Thursday, February 22, we celebrate the 292nd birthday of our nation’s first president,…
Blog
CFPB Data Breach Shows Danger of its Attempted Power Grab Over Fintech
My friend Patrick Brenner, president of regional free-market think tank the Southwest Public Policy Institute, recently had a great op-ed at FoxNews.com on data…
North State Journal
NC attorney general wants cash apps regulated by CFPB
CEI’s John Berlau is cited on the North State Journal on CFPB regulations in North Carolina: John Berlau, senior fellow and Director of Finance…
News Release
CFPB Overdraft Proposal Would Harm Consumers
Today, the Consumer Financial Protection Bureau – as part of the Biden administration’s whole-of-government crusade against “junk fees” – unveiled a proposed rule that…
Blog
Don’t make crypto the electricity scapegoat
A radical new tax proposed by the Biden administration would make cryptocurrency mining the scapegoat for electricity usage. The so-called Digital Asset Mining Energy (DAME)…
Study
Don’t Depower Crypto
Introduction In President Biden’s Fiscal Year 2024 budget blueprint,1 the president proposed a new tax aimed at the electricity use caused by cryptocurrency mining. Known…
News Release
Report: Energy Tax Targeting Crypto Industry – Bad Idea for a New Year
A new Competitive Enterprise Institute report investigates whether the energy usage of certain cryptocurrencies like Bitcoin merits a targeted electricity tax on the industry…
The Hill
Don’t hand a blank check to a troubled FDIC
When shocking reports surfaced recently of discrimination, harassment and a toxic workplace culture at the Federal Deposit Insurance Corporation, members of both parties…
Blog
FTC replies to CEI in auto dealer rule, still full of hot, nitrogen-poor air
This week, the Federal Trade Commission issued its long-awaited, nearly-400 page nannyist final rule on auto and other motor vehicle dealers sales. The rule…
Blog
Central banks are watching. Let’s watch them back.
One of the biggest dangers of a central bank digital currency (CBDC), I and others have warned, is that it would give a government that…
Blog
Gensler SEC’s PDA rule would keep investors in the dark
Hailing one of his new mandates on entrepreneurs and investors, SEC Chairman Gary Gensler proclaimed, “In today’s fast-moving financial markets, it’s important that market…
Fox Business
Biden called upon by pro-growth groups to withdraw CFPB’s late fees rule
CEI’s John Berlau is cited by Fox Business outlining the CFPB’s late fees rule: John Berlau, senior fellow and director of finance policy at…
Comment
Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers
October 10, 2023 Docket ID: Release Nos. 34-97990, IA-6353, File No. S7-12-23 To the Honorable Gary Gensler, Chair of the Securities and Exchange Commission, and…
News Release
A Supreme Court ruling against CFPB would benefit consumers: CEI analysis
Today, the Supreme Court will hear oral arguments in CFPB v. CFSA, in which the Court will decide if the CFPB’s funding structure, which bypasses…
Washington Examiner
Disgraced FTX founder Sam Bankman-Fried trial to start Tuesday in NYC
CEI’s John Berelau is cited by Washington Examiner on the FTX Trial: John Berlau, a senior fellow and director of finance policy at the Competitive…
Blog
Bill banning Fed-controlled crypto a good first step, but Congress must do more for monetary freedom
On Wednesday, the US House Financial Services Committee is expected to vote on House Majority Whip Tom Emmer’s ‘‘CBDC Anti-Surveillance State Act,” aiming to prevent…
Based Politics
GOP Senator Josh Hawley channels his inner AOC with new nanny-state credit card proposal
Forbes
How Durbin & Co. Credit And Debit Card Controls Could Pave The Way For CBDCs
Central Bank Digital Currency – the digital form of a national currency that tracks transactions within a government digital ledger – is an idea that…
DC Journal
Gensler ‘Choke Point’ Strategy on Crypto Suffers Legal Setbacks
CEI’s John Berlau is cited on DC Journal discussing crypto choke points: “There just seems to be a war on crypto if you look at…
News Release
Grayscale Decision Curtails “Arbitrary and Capricious” SEC and Enhances Investor Options
Today, the U.S. Court of Appeals for the D.C. Circuit unanimously ruled in Grayscale Investments v. SEC that the Securities and Exchange Commission’s denial…
Crowdfund Insider
Competitive Enterprise Institute Financial Services Expert Comments on Bitcoin ETF Ruling: The SEC Should Heed the Words of the Court
CI received a comment from John Berlau, a Director of Finance Policy and Senior Fellow at the Competitive Enterprise Institute (CEI) who said the…
Blog
America’s insurance commissioners still pursuing bad investment charges that EU is scrapping
Last month, a significant development took place in Europe that so far has not been widely reported in the US, even though it will likely…
Real Clear Markets
The Global Rejection of CBDC
The Biden Administration and the Federal Reserve are taking steps toward the potential roll-out of a central bank digital currency (CBDC). In attempting to do…
Blog
Why are America’s insurance commissioners trying to import harmful European rules?
With high prices and the threat of recession looming over America’s economy, another threat is emerging. Influential policymakers overseeing the U.S. insurance industry are on…
Washington Examiner
Cryptocurrency back in spotlight in legislative push from Congress
John Berlau, a senior fellow and director of finance policy at the Competitive Enterprise Institute, told the Washington Examiner that Congress should tread lightly in granting more…
News Release
Court Ruling on Ripple Cryptocurrency Case Curbs SEC Powers
A federal court has weighed in on whether a prominent cryptocurrency can be regulated by the U.S. Securities and Exchange Commission (SEC) as a security…
Blog
Adam Smith, George Washington, and the invisible hand in America
Although Adam Smith would have been 300 this year, his birth date is unknown, and his baptism date has shifted from different dates in June…
Forbes
Will NAIC Insurance Regulators In U.S. Import Harmful European Rules?
My colleague Ari Patinkin, research associate at the Competitive Enterprise Institute, contributed to this post. Although the inflation rate may be slowing, the American economy…
Fox Business
Banking industry pushes back on CFPB’s warning over use of AI chatbots
Fox Business quotes CEI’s John Berlau on the Consumer Financial Protection Bureau’s recent advisory: John Berlau, the Competitive Enterprise Institute’s director of finance…
Fox News
Banking industry pushes back on CFPB’s warning over use of AI chatbots
Fox News quotes CEI’s John Berlau on the Consumer Financial Protection Bureau’s recent advisory regarding artificial intelligence in customer service: John Berlau,…
News Release
SEC’s Case Against Coinbase Threatens All U.S. Entrepreneurs
John Berlau, CEI Director of Finance Policy, today criticized the SEC for its ill-founded lawsuit targeting Coinbase: “The Securities and Exchange Commission’s (SEC)…
Blog
SPPI-TV hit: How price controls endanger small dollar loans, boost loan sharks
In my first media appearance from the sleek new CEI studios at our offices in Washington, DC, I joined a great panel on the May…
Blog
New credit card late fee rule hurts folks who pay their bills on time
There has rightly been an outcry after the Federal Housing Finance Agency (FHFA), which sets policy for the government-sponsored enterprises (GSE) Fannie Mae and Freddie…
Comment
CEI leads comments on CFPB’s $8 price controls on credit card late fees
In the matter of the proposed rule“Credit Card Penalty Fees (Regulation Z)”Consumer Financial Protection BureauDocket No. CFPB–2023–0010; RIN 3170–AB15 Prepared by: John BerlauDirector of Finance…
News Release
Congress Must Examine First Republic’s Woke Financing and Risk Management Regulation
Regulators today seized the failed First Republic bank and sold its operations to JPMorgan Chase. CEI financial policy expert John Berlau reiterated the need for…
Letters
CEI Co-Leads Coalition Letter Calling For External Audit of Fed on Bank Failures
As the Federal Reserve (Fed) readies its internal review of its actions leading up to the Silicon Valley Bank (SVB) collapse, we the undersigned organizations…
Wall Street Journal
CFPB Tries to Censor Speech on Chicago Crime
The Consumer Financial Protection Bureau, a federal bureaucracy with a vast jurisdiction, is testing a novel approach to crime and punishment. In a lawsuit against…
News Release
Supreme Court Ruling Ensures People Can Challenge Agency Authority in Court
The Supreme Court ruled today that regulatory agency tribunals do not have any special expertise in deciding constitutional law questions; therefore, district courts can hear…
Blog
FedNow Isn’t a CBDC, But Still Contains Many Dangers
Over the past few days, “FedNow” has been trending on Twitter in tweets that contain healthy doses of curiosity and skepticism, well-founded concerns about privacy…
Blog
Finance Facts Trump Biden’s Blame Game on Banking Woes
Donald Trump dominated the news in more ways than one yesterday, as Biden officials attempted to place the Trump administration at the center of recent…
Blog
The Many Harms of Unlimited Deposit Insurance
Unlimited deposit insurance – the government guaranteeing that bank accounts of any size be made whole-in the event of a bank failure – would create…
Blog
The Risks of Bailing Out Silicon Valley Bank’s Uninsured Depositors and How to Make the Banking System Resilient
On Sunday evening, the Biden administration decided that all customers of the failed Silicon Valley Bank will have their millions and possibly billions in the…
News Release
Congress Shouldn’t Compound Silicon Valley Bank Collapse with Bailouts and Bad Ideas
The Silicon Valley Bank collapse has spurred some terrible policymaking ideas in Congress, exacerbating bad decisions by the bank that has led to its collapse.
Bloomberg
Biden Vows to Hold Banks Accountable, Urges Stronger Rules (2)
John Berlau, director of finance policy at the Competitive Enterprise Institute, said “prudent banks suffering the fallout from SVB should not be punished…
News Release
Supreme Court Rightly to Review CFPB Funding Constitutionality
The Supreme Court today announced it will review the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) funding, an unusual arrangement of unchecked funding from…
Blog
Fed Economist: Study Shows Danger of Government-Mandated Financial Misinformation
Study from Fed Economist Shows Danger of Government-Mandated Financial Misinformation The “Twitter Files” have made some shocking revelations about government entities…
Blog
Study from Fed Economist Shows Danger of Government-Mandated Financial Misinformation
The “Twitter Files” have made some shocking revelations about government entities muscling social media companies to deplatform people in the name of preventing so-called…
Blog
Hearing Shows Bipartisan Momentum for Focused Financial Deregulation
Last week, I had the honor and pleasure of testifying at the first hearing of the newly constituted Financial Institutions and Monetary Policy subcommittee…
Testimony
CEI’s John Berlau Testifies Before House Financial Services Committee: Hearing: “Revamping and Revitalizing Banking in the 21st Century”
Chairman Barr, Ranking Member Foster, and honorable members of this Subcommittee, thank you for this opportunity to present testimony on behalf of my organization,…
Crowd Fund Insider
House Subcommittee on Financial Institutions Schedules Hearing to Discuss Banking and Need to Update Regulations in Line with Emerging Technology
CEI’s John Berlau is cited on Crowd Fund Insider on banking regulations: The House Subcommittee on Financial Institutions and Monetary Policy, part of the Financial Services…
News Release
CFPB Cap on Credit Card Late Fees = Price Controls that Raise Cost of Credit for Everyone
The Biden White House is touting a new proposed rule from the Consumer Financial Protection Bureau that would cap most credit card late fees…
Blog
Berlau Crypto Letter and Comments in Wall Street Journal and Washington Examiner
This week, I have had the honor of being quoted in a great article on cryptocurrency trends and regulation in the Washington Examiner and having…
Forbes
Fed Economist’s Study Shows Harm Of Government-Spread Misinformation On Small Loans
The “Twitter Files” have made some shocking revelations about government entities muscling social media companies to de-platform people in the name…
Blog
The Deregulatory Pony for Small Biz Buried in the Omnibus Pile
There’s not much good to say about an “omnibus” bill crammed in at the end-of-year lame duck session of Congress that contains a grab bag…
Wall Street Journal
The Meaning of the Bankman-Fried Indictment
The Wall Street Journal cites Senior Fellow John Berlau on the Sarbanes-Oxley law: “Earlier this year John Berlau and Josh Rutzick wrote in the Journal on the…
Blog
FTX Hearings Should Probe Fraud Charges and the SEC’s Misplaced Priorities
In the wake of the arrest of and charges of fraud against Sam Bankman-Fried, the disgraced founder and former CEO of the FTX…
Blog
Why Choke Point Should Bar Gruenberg from Being FDIC Chair
Tomorrow morning, the Senate Banking Committee will hold a hearing on President Biden’s nomination of Marty Gruenberg to once again serve as Chair of the…
Blog
Gensler Fiddled with ESG and Power Grabs while FTX Burned
When asked on CNBC about the implosion of crypto exchange FTX, Securities and Exchange Commission (SEC) Chairman Gary Gensler turned the focus away from the…
News Release
FTX Crypto Problems Reveal SEC Shortcomings, As Well: CEI Analysis
The current collapse of cryptocurrency company FTX has exposed another festering problem with how the industry is being regulated, says CEI Senior Fellow John Berlau:…
Blog
Reining in Biden CFPB’s “Junk” Policies with Fifth Circuit Ruling
When the federal Fifth Circuit Court Appeals ruled last week, in Community Financial Services v. Consumer Financial Protection Bureau, that the funding structure of…
News Release
Biden Wrong About “Junk Fees” in Sweeping Government Mandate
Today the Biden administration announced a new whole-of-government initiative against “junk fees” from airlines, banking, and other industries. But what he is calling junk fees aren’t…
News Release
Court Rules CFPB Funding Structure Unconstitutional: CEI Statements
A Fifth Circuit panel ruled Wednesday that the Consumer Financial Protection Bureau’s unusual funding structure is unconstitutional, in a lawsuit brought by a small-dollar (payday)…
Blog
Excerpts from Austin Keynote: How CBDCs Could Be the New Operation Choke Point
This week, I attended the exciting INFiN MoneyTrends conference in Austin, where I gave the Regulatory Keynote address on Monday. The conference is a…
Blog
FTC Goes Back to Bad ‘70s Policies in Motor Vehicle Dealer Rule
Last night at CEI’s annual Julian L. Simon Memorial Award Dinner, CEI celebrated the 1970s—both the fashions and the deregulation toward the end of the…
Comment
Comments to the Federal Trade Commission Regarding the Motor Vehicle Dealers Trade Regulation Rule
Comment Submitted: September 12, 2022 Docket No. FTC-2022-0046-0001 On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to…
Blog
Paternalistic FTC Rule Would Stifle Consumer Choice in Auto Market
As if American drivers didn’t face enough headwinds with high gas prices, supply chain constraints, and state rules that may force them out of…
Blog
Prominent Short Sellers Target ESG-themed Firms
For a long while, my CEI colleagues and I have touted the vital role that short sellers play in a free market economy. CEI Founder…
Blog
Why Carried Interest Tax Hike Deserves to Die in IRA and Otherwise
The Inflation Reduction Act (referred to by critics such as Phil Kerpen as the Income Reduction Act) will likely be voted on in the…
Wall Street Journal
The 20-Year Experiment Holding America Back
Many commentators these days, both progressive and conservative, decry a lack of opportunities for the American middle class, the concentration of certain industries under a…
Law & Liberty
A Declaration of Independence from the Administrative State?
At gatherings this July 4, there will likely be impassioned conversations about recent Supreme Court decisions. But it’s a ruling a few weeks ago from…
Blog
Defeat of Pot Banking Liberalization Will Lead to More Violent Crime and Reduced U.S. Competitiveness
It is beyond disappointing that Congress once again dropped the Secure and Fair Enforcement (SAFE) Banking Act—bipartisan legislation that would prevent the federal government from…
CrowdFund Insider
Competitive Enterprise Institute Securities Expert on Crypto Legislation: “It will have many positive effects”
CrowdFund Insider cites CEI Senior Fellow and Director of Finance Policy John Berlau on crypto: Berlau, a senior fellow and Director of Finance…
InsideSources
Critics Get ‘Whiff of Racism’ in Progressive Attempts to Shut Down Tribal Lenders
InsideSources cites CEI Director of Financial Policy and Senior Fellow John Berlau on interest rates: John Berlau, Director of Finance Policy and Senior…
Blog
Crypto Volatility Heightens with Panic-Driven Regulation
In reaction to the volatile events of the last few weeks, both the stock and cryptocurrency markets have taken a deep dive. While this downturn…
News Release
Bipartisan Cryptocurrency Bill Takes Good Steps for American Innovation
Today, Senators Lummis and Gillibrand released their much anticipated bill on cryptocurrency regulation. CEI financial policy expert John Berlau praised aspects of the bill…
Blog
George Washington, George Jarkesy, and the Administrative State’s Lack of Fundamental Justice
The recent ruling by the U.S. Court of Appeals for the Fifth Circuit in Jarkesy v. SEC is a victory for limited constitutional government…
Blog
Credit Union Liberalization Bill Clears Away Never-Needed Red Tape
When I testified last July at a high-profile hearing on financial inclusion, I urged members of the House Financial Services Committee to liberalize regulations…
Blog
CEI Joins Groups in Telling SEC to Stay Away from Private Markets
It’s bad enough that Congress and the Securities and Exchange Commission (SEC) have made it so costly for smaller companies to go and stay public…
Blog
Lisa Cook’s First Amendment Problem Should Concern Senators
As early as Tuesday, the U.S. Senate could vote on the nomination of Lisa Cook to be a governor of the Federal Reserve, along with…
Comment
Joint Comments on the Securities and Exchange Commission’s Incursion into Private Markets.
RE: Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews (SEC Release Nos. IA-5955; File No. S7-03-22) Dear Ms. Countryman: The undersigned organizations appreciate…
Blog
My Response to the CFPB’s “Junky” Regulatory Inquiry on Fees
In response to the Consumer Financial Protection Bureau’s (CFPB) “request for information” on what its Director Rohit Chopra has labeled as “junk fees” on financial…
FOX Business
Biden Administration Moves on Taxing, Regulating Cryptocurrency
FOX Business cites Senior Fellow John Berlau on the Biden Administration’s recent moves to tax cryptocurrency: Thanks to a provision in the bipartisan infrastructure…
Comment
Comments to the Consumer Financial Protection Bureau on its Request for Information on “Junk Fees”
Dear Director Chopra: On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to the Consumer Financial Protection Bureau’s…
The Washington Times
Evictions on the Rise but Lawsuits, Nonpaying Tenants Still Vex the Rental Housing Market
The Washington Times cites Director of Finance Policy John Berlau on the effects of landlords being unable to enforce contracts and rules: “If landlords…
Crowdfund Insider
JOBS Act of 2012: Ten Years of Legalized Investment Crowdfunding
Crowdfund Insider cites Director of Finance Policy John Berlau on outcome of the JOBS Act 10 years later: CI also spoke with John Berlau, Senior…
Blog
Celebrate Decade of JOBS Act as Deregulatory Success
10 years ago, a GOP-controlled House, a Democrat-controlled Senate, and a Democratic president came together to lighten the regulatory burden on America’s upstart job creators.
Blog
Why Cannabis Banking Liberalization Would Indeed Increase U.S. Competitiveness
As war continues in the aftermath of Russia’s invasion of Ukraine, interest by policy makers and the media has spiked in competitiveness bills passed separately…