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  • Recommended: Students can't resist distraction for two minutes ... and neither can you
  • Recommended: Surprise! Prepaid debit cards actually a good deal for consumers
  • Recommended: 'Ransomware' tricks victims into paying hefty fines
  • Recommended: Fake tweet shows country 'sensitive to any news that sounds like terrorism'

Corporate sneakiness. Government waste. Technology run amok. Outright scams. Our effort to unmask these 21st Century headaches and offer solutions that save you time and money.

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  • 3
    days
    ago

    Storm after the storm: Consumers warned about fake Oklahoma charities

    Slideshow: Tornadoes ravage Plains

    /

    Destroyed vehicles lie in the rubble outside the Plaza Towers Elementary school in Moore, Okla., on Tuesday.

    Launch slideshow

    By Bob Sullivan, Columnist, NBC News

    For many, it's impossible to view the heartbreaking stories coming out of Oklahoma and not feel an overwhelming urge to do something. But following your first impulse to help could just lead to more heartbreak, as many charitable givers often fall prey to scams in the wake of national tragedies.

    Authorities are warning would-be donors to think carefully before they donate, and before they click.

    "There is always a high probability for con-artists or 'travelers' to pop-up in the state following a storm, pushing quick-fix repair schemes and charity scams," Oklahoma Attorney General Scott Pruitt said in a press release. He urged Oklahomans to stay alert.

    Scam artists crawl out of the woodwork only hours after the first pictures of death and destruction emerge. Like clockwork, spam emails, fake Facebook pages, telemarketing phone calls — even full-fledged websites that accept credit cards — pop up, all claiming falsely that they are collecting money for victims. Virus writers also get into the act, sending around booby-trapped emails that appear to come from charities, but are designed to invade victims' computers.


    Follow @NBCNewsUS

    Pruitt said people around the country should donate to "reputable" organizations such as the Salvation Army or Red Cross. "The first scam we typically see after devastation like this is charity fraud,” he said

    Pruitt also said his department has already sent 30 investigators into the tornado-ravaged area to stop local scams, fraud and price gouging.

    For a detailed list of ways to help Oklahoma victims, visit NBC News' How to Help page.

    Attorneys general in several other states, from Washington to South Carolina, have also issued charity fraud warnings.

    Even consumers who wouldn't normally fall for scams are at risk in the aftermath of major disasters because the overwhelming sadness of the events, and the urgency of the need, can override a giver's natural sense of skepticism. The same urgency force is at play whenever a scam artist insists that a supposedly great deal is only available for a short time.

    Federal Trade Commission spokesman Frank Dorman said he didn't believe his agency had received any complaints about Oklahoma-related scams yet, but that's not unusual: victims wouldn't yet realize they'd been scammed, he said.

    The agency does offer an extensive set of tips for evaluating charities.

    Consumers should beware anyone who:

    • Uses high-pressure tactics like trying to get you to donate immediately, without giving you time to think about it and do your research.
    • Refusing to provide detailed information about its identity, mission, costs and how the donation will be used.
    • Won't provide proof that a contribution is tax deductible.
    • Uses a name that closely resembles that of a better-known, reputable organization.
    • Thanks you for a pledge you don’t remember making.
    • Asks for donations in cash or asks you to wire money.
    • Offers to send a courier or overnight delivery service to collect the donation immediately.

    Follow Bob Sullivan on Facebook or Twitter. 

    Related content:

    • National Guard: 'Words can't describe' the Okla. damage
    • 'She was always happy': Families grieve tornado victim
    • The latest on the aftermath of the Oklahoma tornado
    • Tornado victim separated from spouse: 'The house totally disappeared'

    20 comments

    Really, this is your first thought in the hours after a disaster: "How can I exploit this situation to scam people out of money?" Violators should be shot. Anyone who would take advantage of a situation like this for personal gain has no redeemable qualities.

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    Explore related topics: red-cross, charity, salvation-army, scams, featured, oklahoma-tornadoes
  • 18
    May
    2013
    12:23pm, EDT

    Students can't resist distraction for two minutes ... and neither can you

    Cultura RF / Getty Images stock

    A woman checks her phone while at the computer.

    By Bob Sullivan, Columnist, NBC News

    Are gadgets making us dumber? Two new studies suggest they might be. One found that people who are interrupted by technology score 20 percent lower on a standard cognition test. A second demonstrated that some students, even when on their best behavior, can't concentrate on homework for more than two minutes without distracting themselves by using social media or writing an email.

    Interruptions are the scourge of modern life. Our days and nights are full of gadgets that ping, buzz and beep their way into our attention, taking us away from whatever we are doing.

    We've known for a while that distractions hurt productivity at work. Depressing research by Gloria Mark at the University of California, Irvine, says that typical office workers only get 11 continuous minutes to work on a task before interruption. With smartphones reaching near ubiquity, the problem of tech-driven multitasking — juggling daily tasks with email, text messages, social media etc — is coming to a head.

    Multitasking has been  the subject of popular debate, but among neuroscientists, there is very little of that. Brain researchers say that what many people call multitasking should really be called “rapid toggling” between tasks, as the brain focuses quickly on one topic, then switches to another, and another.  As all economics students know, switching is not free. It involves "switching costs" — in this case, the time it takes to re-immerse your mind in one topic or another.

    Researchers say only the simplest of tasks are candidates for multitasking, and all but one of those tasks must involve automaticity. If you are good at folding laundry, you can probably fold laundry and watch TV at the same time, for example.

    Overestimated abilities
    Despite this concern among brain scientists, many people overestimate their ability to multitask, such as the college student who thinks he can text and listen to a lecture simultaneously. He cannot, says brain expert Annie Murphy Paul, who writes "The Brilliant Blog."

    "Multitasking while doing academic work — which is very, very common among young people — leads to spottier, shallower, less flexible learning," Paul warned in a recent column.

    The two studies mentioned above underscore this point. 

    In the first, Alessandro Acquisti and Eyal Peer at Carnegie Mellon University's Human Computer Interaction lab recruited 136 college students to take a standard test of cognitive abilities, and invented a controlled method of distraction. Test-takers were interrupted via instant message, which they were told contained important additional instructions, during the exam.

    (The research was conducted in concert with research for The Plateau Effect, a book I recently co-authored with Hugh Thompson.)

    The interrupted group answered correctly 20 percent less often than members of a control group.

    The Carnegie Mellon test might seem a bit contrived, however, because the control group was pretty unrealistic. It's hard to find a group of college students who could take a test without being interrupted by gadgets.

    Larry Rosen, a professor at California State University-Dominguez Hills, published a study in the May issue of Computers in Human Behavior that attempted to quantify how often students of all ages are distracted by technology while studying. Even under ideal circumstances, the results were dismal.

    Rosen's observers followed 263 students into their normal study environments — bedroom, library, den — and told them to work on an important school assignment for 15 minutes. Even knowing they were being watched, the students couldn't resist texting or using social media. So-called "on-task" behavior started declining at about the two minute mark, and overall, only 65 percent of the time was used on schoolwork.

    "We really assumed we set up a situation where people would try to impress us," said Rosen, an expert in the psychology of technology. "Frankly, I was appalled at how quickly they became distracted."

    'Problem built into the brain'
    The two studies, published closely together, generated strong reaction, particularly from students.

    "Yes, we text in class, but if my grade in that class is and A or a B I don’t see why it’s a problem," wrote one student to Paul.

    It's a big problem for both students and adults, Paul counters, for plenty of reasons. Assignments inevitably take longer when learners split their time between tasks, she says. All that task-switching wears out the brain and makes learners more tired and less competent. Most important, several studies have shown that information learned while partially distracted is often quickly forgotten, so the learning is tragically shallow.

    The key to transferring new information from the brain's short-term to long-term memory is a process called "encoding." Without deep concentration, encoding is unlikely to occur, explained Nicholas Carr in his book “The Shallows: What the Internet is Doing to Our Brains.” 

    Most of us are on the Internet on a daily basis and whether we like it or not, the Internet is affecting us. It changes how we think, how we work, and it even changes our brains.

    Watch on YouTube

    So Paul is among a group of researchers who worry that the digital divide is not about the gadget haves and have nots, but rather about those who can resist the constant distracting tug of technology and those who cannot. She compares it to the famous marshmallow test, which shows that children who can delay eating one marshmallow for 10 or 15 minutes on the promise of gaining a second one are the most likely to succeed later in life. In a new "marshmallow" test, educators or employers might test to see how long people can resist "a blinking inbox or a buzzing phone."

    "There are those people who think that multitasking is simply the way life is now and we should be focusing on getting better at it ... that we are a bunch of old fogies who don't understand," Paul said. "But scientifically, there is no evidence for that. There are fundamental biological limits to what the brain can pay attention to. This is a problem built into the brain."

    Follow Bob Sullivan on Facebook or Twitter.

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  • 15
    May
    2013
    4:45am, EDT

    Surprise! Prepaid debit cards actually a good deal for consumers

    By Bob Sullivan, Columnist, NBC News

    Prepaid debit cards, long synonymous with frustrating or even exploitative fees, are suddenly a pretty good deal. In fact, artfully deployed, a prepaid card can be used without any fees at all, and serve as a real substitute for a checking account.

    It should come as no surprise, however, that there is still plenty of small print to worry about.

    It would have been unthinkable a few years ago to put the words "good deal" and "prepaid card" in the same sentence. Called "general purpose reloadable cards" by the industry, prepaid debit cards that allow repeated deposits have always come with a laundry list of traps designed to grab $2-$3 at time from unsuspecting card holders: fees for loading, fees for withdrawing, fees for checking balances, fees for doing nothing. (A story in 2009 recounted an ordeal where a consumer was charged $2.95 when his transaction was declined (he claimed there were sufficient funds in his account), then was charged $1.95 when he called to complain.)

    But banks are easing off some of those fees thanks to a number of factors — competition being chief among them. Large banks like Chase have jumped into the prepaid market, creating sizable networks for cardholders to enjoy fee-free ATM withdrawals.  Walmart's aggressive steps into the market have helped consumers, too — card holders can deposit money onto cards at ubiquitous Walmart stores for free.

    "We are seeing new entrants to the market with some pretty compelling offers," said Greg McBride of Bankrate.com, which recently issued a report about the turnaround in the prepaid debit market. "Over time, this will marginalize the higher-cost offerings that have characterized the prepaid marketplace so far."

    That marketplace is expanding, even when some other parts of the plastic card market are shrinking, according to a report from bank consultancy Mercator Group. Gift card purchases dropped slightly from 2011-2012, but reloadable cards that act as pseudo checking accounts were purchased by 14 percent of U.S. consumers in 2012, up from 12 percent in 2011, the Mercator report said. The Consumer Financial Protection Bureau says $57 billion was loaded onto reloadable cards last year.

    Even consumer advocates have noticed the kinder, gentler nature of the reloadable cards, and some even think they are a real alternative for the 10 million U.S. adults who currently don't have a checking or savings account.

    "There has been tremendous price compression. We look at the fee schedules for these cards, and it isn't that horrible," said Jennifer Tescher, CEO of the Center for Financial Services Innovation. "We feel like these products are headed in the right direction, that (prepaid cards are) becoming a mainstream product. I am quite excited about the possibilities."

    Transparency spurs growth
    New prepaid cards come with a long list of benefits once limited to checking account users. Consumers can direct-deposit paychecks onto the cards (and in many cases, avoid monthly fees by doing so). The cards allow holders to make Internet purchases. They can sign up for online banking and pay bills online with the cards. In some cases, they can even write paper checks using the accounts.

    McBride links growth in the market to a growing transparency about costs. In the past, consumers were often forced to buy the cards at grocery stores or other retail outlets without being able to see a full list of quirk fees which were sometimes only available online. But newer card issuers have adopted simplified, single monthly fee structures that are winning over consumers.

    "The transparency of that one monthly fee is pretty compelling. You can easily quantify what the cost is going to be," McBride said.  Even more compelling — that monthly fee may very well be less than the fee on a low-balance, entry-level, traditional checking account. For example, Bankrate's survey of 24 prepaid card issuers found that 15 had monthly fees ranging from $3-$10. Bank of America's entry-level checking account can cost $12 monthly. (In both cases, monthly fees can be avoided via direct deposit and other ways).

    Prepaid debit cards are not a replacement for traditional checking accounts. Most critically, prepaid cards enjoy none of the standard federal consumer protections that credit and debit cards do. There are no refunds for fraud, for example, and there are no dispute resolution requirements. As a result, Internet message boards are full of consumers who complain that money has been stolen or is missing from their card balance, and who say they have no recourse.

    Because of the lack of federal protections, prepaid debit card payments are similar to wire transfers — once the money is sent, it's gone — and Internet criminals have taken notice. Cards like the popular Green Dot have become a frequent, and powerfully elusive, way for Net criminals to steal from consumers. Nigerian scammers, for example, no longer need to trick a mark into visiting a Western Union and wiring money overseas. Many now trick victims into buying a Green Dot card instead, and sharing the secret payment code online. The Better Business Bureau, and NBC News' ConsumerMan, issued a warning about this recently.

    Consumers also complain about poor customer service when they call to dispute deductions, or when they complain about missing money.

    But it appears general purpose reloadable cards are here to stay. They have become popular with government agencies that disburse funds — such as unemployment benefits or tax refunds. Loading a card is safer and cheaper than mailing checks. And while they have a reputation for servicing consumers who are blocked from traditional banking, a growing number of middle-class consumers are using the cards. A report issued last year by the Aite Group says 34 percent of users hold college degrees, and one-third earn more than $45,000 annually.

    Red Tape wrestling tips
    People use pre-paid debit cards in two very different ways — they should be different products — and it's important to understand the distinction before buying a card.

    Short-term purchasers use them as gift cards: To give a college graduate $100 to spend how he or she likes, for example. The card will be used and discarded. For that use, pick a card with low activation fees, even if it has a higher monthly fee. Just advise the recipient to use it quickly. Another slice of consumers use prepaid cards to spend at special events like vacations. They fall into the same category. 

    On the other hand, consumers who plan to use prepaid cards as a checking account substitute, and who plan to take advantage of a card's full slate of options — frequent ATM withdrawals, check deposits, etc. — should pay more attention to monthly fees when buying a card. 

    Many of these fees are not obvious from the card packaging, so it's worth doing a little research online to pick the best card for your purpose. Consumers Union warns consumers to consider the following potential costs:

    • Activation or initiation fees
    • Monthly fees
    • Point-of-sale transaction fees
    • Cash-withdrawal fees
    • Balance-inquiry fees
    • Fees to receive a paper statement
    • Fees to call customer service
    • Bill-payment fees
    • Fees to add, or “load,” funds
    • Dormancy fees for not using your card
    • Fees to get your remaining funds back when closing the account
    • Overdraft, or “shortage,” fees

    Related: 

    'Like a drug:' Payday loan users hooked on quick-cash cycle

    Follow Bob Sullivan on Facebook or Twitter.

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  • 26
    Apr
    2013
    4:53am, EDT

    'Ransomware' tricks victims into paying hefty fines

    Symantec Corp.

    This pop-up screen appears to come from the FBI.

    By Bob Sullivan, Columnist, NBC News

    Computer users around the globe are being hit by a new kind of virus that freezes their computer and accuses them of committing heinous crimes, like distributing child porn. The threats sound real enough that victims are coughing up $200 to pay a "fine," and virus writer gangs are netting millions, security firms say.

    The message that flashes across infected computer screens sounds downright scary:

    "You have been viewing or distributing child porn ... violating article 202 of the Criminal Code of the United States of America," says one version, allegedly sent by the FBI. A virus victim supplied the message to NBC News.

    In each case, the accusation appears on a pop-up screen while the virus simultaneously disables the computer. The message often shows the user's IP address and city, and sometimes, recent websites visited by the victim.  The most alarming version activates the victim’s webcam, takes his or her picture, and displays it on the warning.

    "They are saying, 'we know who you are, where you are, and what you were doing,'" said John Harrison, a security researcher with Symantec. "They attempt to scare the heck out of you."

    The victim is then offered an option: pay a fine within 72 hours, and the charges will be dropped, while the computer will be restored. 

    Symantec Corp

    In this version of the scam, the virus activates the victim's webcam and displays an image from it on the screen, making the warning even more unnerving

    The malicious software is so cleverly crafted that it comes with 30 to 40 versions packed inside. It displays in the appropriate language for victims — English, Spanish, Russian, etc. — and invokes the local federal authorities. A U.S. victim might get a notice from the FBI's Internet Crime Complaint Center, while a Canadian victim gets one from the Royal Canadian Mounted Police.

    The message is fake, of course — and even those who pay the "fine" still have a broken computer. But victims worldwide are falling for it. Harrison said for one version he tracked, roughly 3 percent of victims actually paid up. The criminals behind that virus netted $5 million, Symantec estimates.

    With results like that, other virus gangs have been quick to copy the profitable formula. Symantec believes that gangs who spent the past couple of years making money tricking consumers into paying for fake antivirus software have all taken up the fake criminal charges and fine scam.

    "So many of these folks have jumped on the bandwagon," Harrison said. "They have really transitioned into this."

    The general technique is called ransomware — a virus disables the computer, allegedly holding it hostage until a ransom is paid — and it's not new. But the clever combination of an abrupt interruption, the localization trick, and the severity of the accusation catches many victims unaware, and they let their guard down enough to pay the fine.

    There are no hard numbers on the frequency of ransomware, but there's plenty of anecdotal evidence it's on the rise. In February, Europol busted a multi-national crime ring involving a Russian programmer arrested in the United Arab Emirates, and 10 others arrested in Madrid, Spain. There were victims across 30 countries.  Authorities in Spain said 700,000 Spaniards had contacted the government asking for help after becoming infected.

    The agency issued another warning about the scam on April 11.

    “Fraudsters are deploying extortion techniques using Europol's identity and logo to con EU citizens out of money,” the warning says. “Variations of this con, using the identities of other international and European agencies, are also in circulation.”

    It's possible the problem is even worse than security firms realize, because many victims may not be reporting the infection, Harrison said.

    "If you were at work and there was a message on your screen that said you were viewing child porn, would you run to get your IT department?" he said.

    Most victims pick up the virus by visiting booby-trapped web pages that surreptitiously install software on victims' machines through "drive-by” download, or by downloading free software from disreputable sites.  In fact, some variations of the virus accuse victims of violating copyright law, knowing that is likely true.

    Victims shouldn't pay the fine, Harrison said, but they should know that various software tools — including free tools available at Symantec — can rid their machines of the virus.

    Follow Bob Sullivan on Facebook or Twitter.

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  • 23
    Apr
    2013
    3:49pm, EDT

    Fake tweet shows country 'sensitive to any news that sounds like terrorism'

    By Bob Sullivan, Columnist, NBC News

    A stock market and a nation already on edge was temporarily knocked off its axis on Tuesday by a single fake tweet. 

    Following a hack attack, the Associated Press' verified Twitter account posted "an erroneous tweet" claiming that two explosions occurred in the White House and that President Barack Obama is injured. Moments later, the @AP Twitter account — with nearly 2 million followers — was suspended.

    "That's a bogus tweet," an AP spokesperson initially told NBC News, a statement that was repeated by the company's corporate communications account. Though the false tweet disappeared, the false message continued to exist on the service in over 4,000 retweets.

    The chart of the Dow Jones industrial average just after 1 p.m. may as well have been a chart of America's heartbeat -- stopped for a moment, again, by seemingly horrific information. The Dow lost more than 140 points almost instantly, before recovering five minutes later.

    It's incredible what a single 12-word lie can do.

    The markets plummet, and then snap back after a fake AP terror tweet, with the "Power Lunch" crew.

    "We're in an environment where we're sensitive to any news that sounds like terrorism," said Art Hogan of Lazard Capital Markets.  "That makes it that much more believable. That's the tricky part. When something like AP gets hacked, it becomes reality for a period of time, until it's not."

    The market's reaction hints at the our collective fragility right now.  In the past, carefully crafted fake press releases or other Internet disinformation has been able to influence individual stocks both up or down.

    But a single Tweet sinking the market?  It's just the latest sign that lies now spread on the Internet as fast as computer viruses, and can have just as much impact. Like the false rumors that spread like wildfire during the Boston bombing aftermath, or Hurricane Sandy before that, Twitter's surge to mainstream popularity — it now boasts 140 million U.S. accounts — has made it an incredible source of on-the-spot information, but also the world's most powerful rumor-mongering tool.

    "You wonder who did it and whether it was done on purpose. It certainly was an instant implosion," said Art Cashin, director of floor operations for UBS Financial Services, who watched the minutes of bedlam on the floor of the NYSE. Cashin said the reaction was especially dramatic because it said the president was injured.

    If you define the term "hacking" loosely, you might consider that whoever wrote the fake tweet hacked not only AP's account, but the entire Wall Street trading system. The trades which sank the market Tuesday were almost certainly initiated by automated trading programs designed to profit by fast-twitch reacting to good or bad news.

    The combination of a jittery public, automated trading, and a worldwide rumor tool was toxic for the markets.

    "That goes to show you how algorithms read headlines and create these automatic orders — you don't even have time to react as a human being," said Kenny Polcari of O'Neil Securities. "I'd imagine the (Security and Exchange Commission) is going to look into how this happened. It's not about banning computers, but it's about protection and securing our markets."

    It's also about figuring out how to handle a world where the firewall between seemingly disconnected systems like Twitter and brokerage servers is really only 91 characters long, particularly a world where skepticism’s classic grains of salt seem to be in short supply.

    CNBC's JeeYeon Park, Patti Domm and John Melloy contributed to this story.

    Related: AP Twitter account hacked, posts false White House scare

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  • 23
    Apr
    2013
    4:31am, EDT

    Use your personal smartphone for work email? Your company might take it

    Nicolas Asfouri / AFP - Getty Images

    A woman checks her smartphone in this file image.

    By Bob Sullivan, Columnist, NBC News

    If you use your personal smartphone or tablet to read work email, your company may have to seize the device some day, and you may not get it back for months.

    Employees armed with a battery of smartphones and other gadgets they own are casually connecting to work email and other employer servers. It's a less-than-ideal security arrangement that technology pros call BYOD — bring your own device.

    Now, lawyers are warning there's an unforeseen consequence of BYOD. If a company is involved in litigation — civil or criminal — personal cellphones that were used for work email or other company activity are liable to be confiscated and examined for evidence during discovery or investigation.

    Follow @RedTapeChron

    It's a possibility even technology pros rarely consider, said Michael R. Overly, a technology law expert in Los Angeles.

    "You would be very surprised to hear that even extremely sophisticated business people seem shocked when they learn their personal phone, including email, GPS data, photos ... may be subject to review in litigation involving their employer," Overly said.

    BYOD is a worldwide reality and a dramatic shift in the way companies outfit their employees with work tools. Cisco Systems Inc. released a report earlier this year saying 42 percent of all "knowledge workers" own the smartphones they use for work, and two-thirds of companies expect the employee-owned device phenomenon to increase.

    Hidden cost
    The convenience is hard to ignore, as is the personal touch — workers love picking their own phones — but of course, cost savings is the real driving force. Increasingly, companies are requiring workers to supply their own gadgets at their own cost, the way a restaurant might require waiters to purchase their own uniforms.

    Even if companies reimburse those employees, there can be a big hidden cost for workers — the possibility of losing their phone for days or months while their company combs through it for data relevant to legal action.

    “People’s lives revolve around their phone, and they are going to become more and more of a target in litigation,” Overly said. “Employees really do need to understand that .”

    Giri Sreenivas, a mobile phone security expert at Boston-area firm Rapid7, warned discovery requirements can extend far beyond email stored on smartphones.

    "Text messages and cellphone records might be subject to discovery, too, even if you never connected to company email," he said.  "If lawyers believe the device was used for work purposes, it can be (taken).”

    Race to keep up
    How could firms gain the right to rummage through the most personal items on worker’s phones — pictures, texts, social media accounts?  In many cases, it’s not a right, it’s a duty, says Overly. When a company is sued, and required to produce documents as part of a discovery process, it must make a good-faith effort to retrieve data — wherever it may be. That includes employee-owned gadgets. 

    In fact, Overly says he was part of a case recently where a judge sanctioned a company for a discovery violation because it failed to search BYOD devices during discovery. He declined to name the case.

    Companies are racing to keep up with the trend — trying to set policies, inform workers of their rights, and superimpose BYOD rules over arrangements that organically evolved within their workplaces. Increasingly, companies are requiring workers to sign agreements that alert them to the potential of personal gadget seizure, Overly said.

    Christopher Dahl runs a Seattle-based firm that specializes in digital document retrieval for lawyers called Lighthouse eDiscovery. While he says industry discussion is dominated by talk of BYOD discovery, he said gadget seizure has not become common — yet.

    "We see mobile devices infrequently. We only had one come in last month," Dahl said. "It's typically pretty rare where the company can't get the same information from another location. Companies will have to disclose that the information is on that second location (the smartphone) but typically don't have to dig into that second place."  

    Red Tape wrestling tips
    Workers wary of having their personal phone nabbed can carry two phones – one personal and one for work – but even that’s not fool-proof. An occasional connection from the personal phone to work email can make the phone subject to discovery. Going this route requires diligent work and personal separation.

    "The No. 1 thing you can do to ensure your device is not subject to seizure is to remove any sort of company account ... and then inform the company it's been removed," said Sreenivas.

    Dahl warned about accidental blending of personal and work data through a seemingly innocent USB charge connection that leads to accidental synching of data. 

    There may be a technology solution to this problem in the future. The newest Blackberry phone claims to create a work data-personal data divide, which has the potential to limit the searches that might be conducted by company lawyers

    Follow Bob Sullivan on Facebook or Twitter.

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  • 17
    Apr
    2013
    11:42am, EDT

    FTC files first-ever cast against mobile phone 'crammers'

    By Bob Sullivan, Columnist, NBC News

    Cellphone users annoyed by costly text spam or unexpected fees have hope: The Federal Trade Commission filed its first ever case against so-called "mobile crammers" on Wednesday.

    In a complaint filed in a Georgia federal court, the FTC is alleging that Wise Media sent consumers text message spam and signed them up for $9.99-per-month "premium" text services with horoscopes, flirting tips and other unwanted information.

    The FTC is seeking a permanent injunction against the company's alleged unfair trade practices and a freeze of the company's assets.

    Follow @RedTapeChron

    "Wise Media and its operators have taken advantage of the fact that consumers may not expect their mobile phone bills to contain charges from third parties and that Wise Media’s charges appear on bills in an abbreviated manner that does not always clearly designate the company as the source of the charge," the FTC said in its statement. "As a result, many consumers didn’t notice or understand the charges and paid the bills."

    Complaints against Wise Media began to appear online as early as April of 2012. The firm is not accredited by the Better Business Bureau, thought its Atlanta office has received 26 complaints since last year — nearly all billing related — though it says those complaints have been “closed.”

    Attempts to contact Wise Media were unsuccessful. Callers who dialed its Atlanta phone number on Wednesday heard a message saying the number had been changed to an unlisted number.

    The FTC says Wise Media has been hard to reach in the past.

    "The Commission alleges that Wise Media went to great lengths to hide its contact information from consumers. When consumers victimized by the scam were able to find a phone number for Wise Media, its call center employees frequently promised refunds that were never provided," it said.

    Cramming is a decade-old trick to place third-party charges on consumers' telephone bills without their knowledge. Despite Congressional hearings on the issue, which is among U.S. consumers' biggest beefs, telecom providers continue to have trouble stopping crammers.

    A report by Sen. Jay Rockefeller's office in 2011 found that consumers lose $2 billion annually to cramming.

    Mobile phone cramming is relatively new, however. As consumer phone bills become more confusing, and as smartphones become more powerful, the risks to consumers have grown quickly. NBC News recently described cell phone attacks that could cost consumers thousands of dollars and net criminals millions.

    Cramming doesn't require hacking, however.  It can be as simple as a third party company telling a telecom provider to add the charge to a consumer's bill. While telecom providers say they require third-party firms to get consumers' consent, consumers often complain that doesn't occur.

    “As more and more consumers move to mobile phones, scammers have adapted to this new technology, and the Commission will continue its efforts to protect consumers from their unlawful practices,” said FTC Chairwoman Edith Ramirez.

    Red Tape wrestling tips
    Consumers who receive an unexpected text message — such as notification that they've won a contest — should ignore the message and carefully check the following month's bills for unwanted charges.  They can also look up the number at a website called SMS Watchdog, which tracks potential mobile phone spam. Consumers should also consider calling their cell service provider and turning off “premium text message” services.

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  • 4
    Apr
    2013
    9:49am, EDT

    Cyberattackers more powerful, getting upper hand, experts warn

    An ongoing series of attacks on the U.S. financial industry that nobody has ever seen before has resulted in a 15 of the largest U.S. banks being offline for a total of 249 hours in the last six weeks. NBC's Tom Costello reports.

    By Bob Sullivan, Columnist, NBC News

    Banks knocked offline, day after day - on Thursday, it was WellsFargo.com's turn. A digital skirmish between two European firms that grew so large it slowed Internet traffic worldwide. If it feels like the Net has been fragile lately, there’s a good reason: Computer criminals are launching more powerful attacks and are gaining the upper hand.

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    Security firms have been relatively successful in recent years countering denial of service attacks — criminal assaults that overwhelm websites with fake traffic to make them unreachable, the equivalent of speed-dialing a friend's phone repeatedly so no other calls can get through — with software designed to separate real traffic from fake, or simply by purchasing bigger Internet pipes that can absorb the requests.

    But the equation is changing dramatically as criminals have learned how to use the Internet against itself.

    Among the Web’s dirty little secrets: Economics strongly favor the criminals. They hijack bandwidth used for normal Web operations, concentrate it and aim it at a target. The more money that firms invest in bandwidth to protect against traffic floods, the more bandwidth crooks can steal and use to attack. Worse yet, the bigger the pipes going into hijacked computers, the fewer computers criminals must control to succeed in an attack. 


    An attack that might have required 10,000 compromised computers in past years can now be accomplished with 100. That means the costs for the criminals is going down, while security costs are going up. 

    "The problem is, this is an asymmetric war, an arms race we can't win because they are using our resources against us," said Rodney Joffe, senior technologist at Internet infrastructure company Neustar, which helps companies fight denial of service attacks. "That's why building larger highways won't help. They just make use of our resources."

    Wells Fargo told NBC News that some of those resources were used to knock it offline for part of the day Thursday.
    “We’re seen an unusually high volume of website and mobile traffic which we believe is a denial of service attack,” the firm said in a statement.

    'Not really much we can do'
    Last week, a European denial of service incident that targeted spam-fighting organization Spamhaus and its Internet providers involved an incredibly focused attack that stormed the service with one of the largest measured attacks in history. There is debate about how much the rest of the Internet suffered as a result of the attack — in truth, the impact was imperceptible to most — but it would be a mistake to overlook it.  Experts expect copycats soon.

    The Spamhaus attack used a technique that’s more than 10 years old. Domain name servers that run the guts of the Internet were tricked into sending a flood of traffic at Spamhaus. Hijacked computers with disguised, or spoofed, return addresses asked the DNS servers for long lists of data — specifically, to resolve website addresses — which were reflected and sent by the servers to Spamhaus servers.  Exploiting about 1,000 misconfigured DNS servers was enough to generate a record-sized attack. A group devoted to fixing such misconfigured machines says there are 25 million of them on the Web, ready to be exploited.

    DNS attacks haven’t been top priority in recent years, partly because servers didn't need large amounts of bandwidth to do their relatively simple everyday tasks of matching numerical Internet addresses with common website names. Today, many are linked with high-capacity pipes, making them newly attractive takeover targets for hackers.

    The bank attacks work differently. The group behind them — which calls itself al Qassam — uses an army of thousands of compromised computers called a botnet in coordinated actions to attack banks.  But al Qassam holds an advantage: A single compromised home PC, connected to the Internet with high bandwidth, can generate 100 times the malicious traffic as a similar computer five or 10 years ago.

    "There's not really much we can do about that," said Michael Smith, director of the customer security incident response team at Akamai Technologies Inc., which provides website performance optimization and security for some of the companies targeted in the attacks. "Speeds are going to get faster."

    Changing tires on a moving bus
    Aaron Rudger, a spokesman for Internet traffic measurement firm Keynote, notes that denial of service attacks rarely escalate beyond a major annoyance for companies or consumers. Traffic after the Spamhaus attack was back to normal within a few hours as packets found other routes to their destinations.  Consumers who need access to their bank accounts can use the telephone, or in some cases, even mobile phone apps when a bank’s website is down.

    “You can't really kill the Internet,” Rudger said. "The Internet in general is inherently very resilient.”

    There are ways to fix the denial of service attack problem, but they are expensive and would require fundamentally changing the protocols that govern the way the Internet works. And it would all have to happen without interrupting Internet service.

    “It’s akin to changing the tires on a bus moving 60 mph,” Joffe said. “We have to rethink the entire thing.” Proposed new rules would make it impossible to use fake return addresses, for example, but Internet service providers around the globe would have to agree to the changes.

    Avivah Litan, a banking security analyst with consultancy Gartner Group, said that an even more radical change might be necessary, because there’s really no way to get rid of the criminals.

    “We might have to put the banks on a private Internet,” she said. “Because we are not going to get rid of the people attacking the banks ... You might think the only way it's going to end is if we take them down, but they are like Al Qaeda, totally distributed. In fact they are 1,000 times more distributed.”

    Follow Bob Sullivan on Facebook or Twitter.

    Related:

    • Cyberattack on banks signal urgent need for security bill, lawmakers say
    • Bank website attacks reach new high: 249 hours offline in past six weeks

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  • 28
    Mar
    2013
    12:49pm, EDT

    Consumer watchdog unveils list of top lending gripes

    By Bob Sullivan, Columnist, NBC News

    The Consumer Financial Protection Bureau (CFPB) made its database of complaints against mortgage issuers, student loan firms, credit bureaus and other kinds of lenders available to the public for the first time on Thursday. 

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    The database covers 90,000 complaints with more than 1 million data points covering 450 companies.

    The CFPB spreadsheet allows consumers to find the most complained-about banks in highly specific categories. For example, Capital One received the most complaints about credit cards, and Bank of America received the most complaints about traditional adjustable-rate mortgages.

    It's important to note that the data isn't normalized and that banks with more customers receive more complaints.

    Data can be sorted at the bureau's website by state or company. It can also be downloaded for free and used in privately developed applications. 


    The agency's complaint database was released on a limited scale last year, and included only 19,000 credit card-related complaints. Thursday's announcement represents a large expansion of publicly available data. 

    The bureau hopes consumers can use the information to make more informed choices about banks they do business with. "By sharing these complaints with the public, we are creating greater transparency in consumer financial products and services,” said CFPB Director Richard Cordray. “The database is good for consumers and it is also good for honest businesses."

    Complaints are listed in the CFPB database only after the company responds to the complaint or after they have had the complaint for 15 days. Records include the type of complaint, the consumer's ZIP code, the company, and the resolution. Consumers' names and other personal information are not shared.

    Among student loans and mortgages, about two-thirds of the complaints involve consumers who are having trouble repaying their loans, according to an analysis provided by the CFPB of complaints filed through February. Many of the mortgage complaints reflect consumers' paperwork-related frustrations when attempting loan modifications. 

    Nearly three-quarters of the 6,700 complaints filed against credit bureaus involve inaccurate information. Credit card complaints are more scattered, with billing disputes making up 15 percent. A common gripe, the bureau says: Consumers don't realize they have to dispute a suspicious item on their credit card bills within 60 days.

    In a blog post that accompanied the release of the data, CFPB official Scott Pluta said he hoped consumers would be creative and find new ways to examine and use the data.

    "From infographics to iPhone apps, we’ve seen people do amazing things with the credit card complaint data that was available before today," Pluta said. "We encourage the public, including consumers, analysts, data scientists, civic hackers and companies that serve consumers, to analyze, augment, and build on the information in the database to develop ways for consumers to use the complaint data or mash it up with other public data sets to reveal potential trends."

    The bureau plans to expand the data to other complaint categories in the future, he added.

    Follow Bob Sullivan on Facebook or Twitter

    More from Red Tape Chronicles:

    • Celebrity hackers stole data from AnnualCreditReport.com, Equifax says
    • Google pays $7 million to settle 'Wi-Spy' case filed by states
    • Why consumer agency must go, and why it should be saved

     

     

     

     

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  • 19
    Mar
    2013
    4:10am, EDT

    Think you have three credit scores? You may have 50 or more

    Paul Sakuma / AP, file

    Signs advertising bad credit auto loans, in this 2008 file photo.

    By Bob Sullivan, Columnist, NBC News

    You probably know you have a credit score, and that score dictates much of your financial future. You might know you have three credit scores, thanks to aggressive advertising from companies that sell access to them.

    However, those hardly scratch the surface of the collection of credit scores lenders might use to judge you.  There are, most likely, dozens of scores that might control your ability to get a mortgage, buy a car or obtain insurance.  

    Banks often use their own scores, tweaked versions of the FICO score that began the credit score craze. Auto lenders also have their own scores. So do car insurers. And old scores, based on old formulas, are still in use by many lenders.  U.S. consumers may have 50 different credit scores -- or more -- that could impact their ability to borrow money, and that number is rising, experts say.

    "The idea of there being a one true credit score, well that's just not accurate," said Michael Schreiber, editor in chief at Credit.Com, a consumer advice website.

    John Ulzheimer, a credit score expert who formerly worked for FICO score inventor Fair Isaac Corp., produced a detailed infographic for CreditSesame.com in September which detailed 49 different scores based on the FICO. He has found another five or six since them. And that number doesn't include competitors like Vantage Score, invented by the credit bureaus in an attempt to cut out Fair Isaac, or other proprietary kinds of credit scores. 

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    "Getting your actual credit score is a like game of roulette at this point," said Ulzheimer, now president of consumer education at SmartCredit.com. "Getting the wrong number can be overwhelming to a consumer. The lender is using one score but you don't know which score."

    There are also exotic credit-based scores, such as a "revenue score," which predicts how much interest revenue a credit card holder will generate; a bankruptcy score indicating the likelihood someone will file for legal relief of debts; and a collection score that helps debt collectors prioritize their efforts.

    Credit scores were once held completely in secret by the credit industry, but are more available to the public today. Credit monitoring services include them with monthly subscriptions. Fair Isaac, the inventor of the credit score, sells FICO scores at MyFico.com. Wells Fargo gives them away to consumers who walk in and ask about new accounts. Credit.com gives away a free score to site visitors. But with more scores being invented all the time, it's hard to say what consumers are looking at when they receive a credit score.

    "It does irk people when they find out there's a very different number they get from one scoring model to another," said Gerri Detweiler, scoring expert at Credit.com. "People wonder, 'What good is it to check my score if the score banks see is different?'"

    If any credit score provider implies consumers are getting a comprehensive view of their creditworthiness by ordering three credit scores -- based on their three credit reports at Equifax, Trans Union, and Experian -- that's misleading, Detweiler said. It's also misleading for any firm to suggest their score is the one used by most lenders.

    Ulzheimer think so, too.

    "If you go to MyFico and you get a score, that is the same brand of score that lenders are using predominantly," said Ulzheimer. "Going past that is an embellishment. … MyFico does sell you a FICO score, but it may not be the same FICO score that lenders use."

    In fact, many banks have their own scores, which sprinkle their own criteria into the complex algorithm.  Car loan issuers, for example, often choose to weigh previous car loan payment history higher than other lenders, Detweiler said.

    The proliferation of scores is partly the result of continuous updates to scoring formulas that are expensive for financial institutions to adopt, Ulzheimer said. 

    "Scores are really nothing more than generations of software," he said. "Think of how many generations of Microsoft software are out there, for example.  Every year, there's something new that's a little better but kind of does the same thing.  Scoring systems are like that."

    For example: Last week, the group behind the Vantage scoring system announced VantageScore 3.0. It has some consumer-friendly features, such as ignoring collections accounts that have been paid off (such accounts generally lower a consumer's FICO score), and providing exceptions for consumers who don't pay bills because of natural disasters like Hurricane Sandy. But firms may continue to use VantageScore 2.0 for a long time.

    "A large bank that didn't want to update its systems could force providers to keep old scoring systems going for years," Ulzheimer said.

    Given the proliferation of scores, should consumers even bother trying to see one of their credit scores?  Absolutely, says Detweiler. She says any score will offer a helpful reference point.

    "Don't focus so much on the number as much as what direction you are moving," she says. "The number will give you some information about what areas of your financial life you need to work on.  But if there is a drop, you will know something significant has happened."

    The number itself doesn't matter as much as how a consumer compares to the general population, she said. Armed with this information, consumers should be able to ensure they are getting a fair interest rate when borrowing money for a home or a car or applying for a credit card.  Consumers who rank near the top of a scoring scale should get a bank's best rate.

    Because she thinks consumers should track their score over time, Detweiler says it's important to stick with the same score than trying to compare a free score doled out by a bank with another score purchased from a website.

    Ulzheimer said it's fruitless and frustrating for consumers to obsessively follow their credit scores as they pop up and down, given that lenders see different scores anyway. He recommends "managing" to your credit report instead of your credit score, since the report is at the heart of all score formulas.

    "What's constant across all scores is that doing the right thing will lead to a better score across the board,” he said. “If you pay your bills on time, your scores will go up. So worry about that. Managing to three credit reports is easier than trying to manage all those credit scores. ...Consumers have to let go of that, because the number of scores will continue to get larger, not smaller."

    That's not to suggest variations among credit scores aren't important. In September, the Consumer Financial Protection Bureau published a study of credit scores revealing that variations among different scoring models could impact as consumer's borrowing costs about 20 percent of the time.

    The study recommended that firms that sell credit scores "should make consumers aware that the scores consumers purchase could vary, sometimes substantially, from the scores used by creditors."

    The best way to avoid paying too much for credit because of a credit score variation is to shop around. Never take the auto dealer's word for it that they've gotten you the best deal on your car loan.  The variations matter less with mortgages, where banks usually get three credit scores and throw out the lowest and higher score.

    Detweiler said for personal sanity, consumers should avoid treating credit scores the way they treated SAT scores in high school, or grade point averages in college.

    "Don't get too hung up on a number," she said.  "You know the serenity prayer? There are some things you have control over, and some you don't. Take care of the things you can control, like paying your bills, and the score will take care of itself." 

    Follow Bob Sullivan on Facebook or Twitter

    More from Red Tape Chronicles:

    • Celebrity hackers stole data from AnnualCreditReport.com, Equifax says
    • Google pays $7 million to settle 'Wi-Spy' case filed by states
    • Why consumer agency must go, and why it should be saved

     

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  • 12
    Mar
    2013
    5:43am, EDT

    Why consumer agency must go, and why it should be saved

    By Bob Sullivan, Columnist, NBC News

    If the Consumer Financial Protection Bureau disappeared tomorrow, would anyone notice?

    What is expected to be a contentious Senate Banking Committee confirmation hearing Tuesday for Rich Cordray, who has been temporarily leading the bureau, offers an opportunity to examine the need for a federal agency designed to protect consumers in their financial dealings. If confirmed, Cordray gets a five-year term, but he’s certain to face a major fight from Republicans, who say the bureau is ill-conceived. We spoke to one of the agency's biggest supporters and perhaps its fiercest opponent to get some perspective. But first, a little background:

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    Born out of the financial crisis, the first new federal consumer protection agency since the Depression, the CFPB has had a rocky start. Republicans railed against the idea but couldn't stop Democrats from passing the financial reform legislation that created it, so instead they blocked appointment of Cordray in 2011, effectively putting the bureau into limbo. President Barack Obama then used a recess appointment to seat Cordray, setting off a battle that is still going on.


    The political dispute didn't stop the bureau from shooting out the gate, however. It its 15 months of existence, it has written a host of new rules for lenders, set up a huge public database of consumer complaints and generally irritated most of the financial industry.

    Many in the banking industry are still hopeful they can dismantle the CFPB, unseat Cordray and potentially undo everything the bureau has accomplished with a single court victory.

    A federal court ruling in January found that another recess appointment by Obama was improper, creating the possibility that it might agree with Republicans who argue Cordray’s recess appointment was illegitimate, too. Some opponents argue that would make everything the bureau has done since his appointment void.

    Expect bickering

    That legal battle is still in the future, but Tuesday's confirmation hearing serves as a proxy for the fight and another chance for political posturing by both sides. There will be plenty of "Your regulations are killing jobs" vs. "Do you want a repeat of the 2008 recession?" bickering.

    The discussion has potential to be a little more elevated, however, as this time the CFPB has a track record to examine.  As far as federal agencies go, it's just  a baby. But as long as we're fighting about it, it’s worth asking what the CFPB has done to prove its worth. 

    In one corner ...

    Todd J. Zywicki, a law professor at George Mason University with expertise in bankruptcy and contracts, says the CFPB has become exactly the monster he predicted three years ago when Congress debated its creation.

    "It's turned out to be an extremely political agency,” he said. “... It's turned out to be really aggressive and arrogant in the way it behaves.”

    When one of Obama’s recess appointments was invalidated, the agency response was "typical,” he said.

    "They said that ruling doesn't apply to us,” Zywicki said. “What that shows is an agency that is very arrogant and out of control.”

    The CFPB has unusual power among federal agencies. Unlike the Federal Trade Commission, the Federal Communications Commission and other agencies which are run by members of a commission with mixed political affiliations, the CFPB has a single agency head. It also does not have to submit its annual budget for congressional review the way other regulators must.

    "They've created an unaccountable super-regulator that can and has acted as a highly political agency," Zywicki said. "If the CFPB were to go away tomorrow, it would be a boon for consumers and the economy."

    Zywicki's most specific concern about the agency before its creation was that it would hurt lenders, and therefore hurt  consumers who were trying to borrow money. That has happened, he said.

    "Our concern from the beginning was that it would act in a manner that would restrict credit and hurt the economy," he said. "Look at its rules on qualifying for mortgages (which impose stricter requirements on borrowers). ... It's stifling innovation (by banks) and restricting consumer choices."

    He also said that the agency's new rules are disproportionately impacting the nation's smaller banks, which have smaller legal staffs to deal with them.  

    "Because of the massive regulatory burden it is imposing on the economy, (the agency) is promoting a consolidation of the banking industry" by burdening small banks, Zywicki said. He could not point to a bank that closed or was sold because of CFPB rules but said that smaller community banks across the country are consistently complaining about the rules.  "It's the overall effect of regulations," he said. "It's not just the CFPB, but it is piling on."

    And in the other ...

    Taking the opposing view is Ed Mierzwinski, consumer program director for the consumer advocacy agency Public Interest Research Group and a vocal supporter of the CFPB creation and of Cordray. He gives the agency an "A-minus" for its work so far and has no trouble rattling off a list of accomplishments in its short life. Among them, he said, the bureau has:

    • Successfully brought enforcement cases against three large credit card issuers for allegedly unfairly "upselling" products such as credit card insurance, and returned $400 million to 6 million U.S. consumers after a settlement.
    • Created new mortgage disclosure documents, promoted awareness among college students about school loan debt and launched a separate effort to protect soldiers and veterans from predatory lenders, all through its “Know Before You Owe” program.
    • Become the first federal agency to supervise so-called “non-bank banks” and begun to focus on products such as payday loans, title loans and other non-traditional borrowing products, as well as private student lenders.
    • Worked to increase transparency, including creation of a public disclosure website that lists consumer complaints and, unlike similar databases at other agencies, allows anyone to browse the complaints, including information on the companies targeted.  Agencies such as the Federal Trade Commission do not make complaints pubic.

    "The CFPB data allows (observers) to rank the companies involved. No one wants to be No. 1 on that list," Mierzwinski said. Public shaming is an effective regulatory tool, he argued, one that hasn't been used by other agencies.

    When asked about the theoretical possibility that the agency could disappear, Mierzwinski said consumers would lose the benefit of actions he expects in the next 15 months, specifically related to the CFPB's recently acquired new power to regulate credit bureaus and debt collectors.

    "The FTC never had the tools to go after them,” he said. “... Now for the first time, a federal agency can go into the credit bureaus and debt collectors and say, 'Show me your books.'"

    Mierzwinski said the FTC has never held the credit bureaus financially accountable for credit report errors and predicted CFPB enforcement would lead to more accurate credit reports.

    In a more general way, he says enforcement actions and additional regulatory oversight help all consumers, even if they haven't received a refund check based on a bureau lawsuit.

    "I'm convinced that many banks eliminated those kinds of practices," such as selling credit card insurance, after a CFPB lawsuit,” he said.  "So going forward, you will see fewer unfair offers from banks. ... If you have a mortgage, going forward your servicing rules will be fairer."

    Mierzwinski’s chief argument for preserving the CFPB: All other banking regulators are charged with simultaneously protecting the safety and soundness of banks on one hand, while mandating fairness to consumers on the other. That's why, for example, excessive overdraft fees were allowed for years -- when regulators weighed the interests of making banks profitable against treating consumers fairly, they often chose the former. 

    "They had a conflict of interest ... and often sided with bank safety over consumer protection," Mierzwinski said.

    Zywicki, the CFPB critic, said he isn't fundamentally opposed to a consumer protection agency focused on financial products, but he says he believes evidence shows that Cordray's agency is acting recklessly.

    "They made a political decision that the entire financial crisis was a consumer protection problem, ignoring evidence that there were other causes," he said. "I see no indication to date that they have a serious understanding of economics or unintended consequences. Sure, there are concerns about these products. People misuse mortgages. But their behavior to date raises questions about how seriously they take economic evidence."

    He disagreed that payday and other non-traditional lenders had slipped through regulatory cracks before creation of the CFPB -- they were regulated at the state level, he noted. And even in this area, he said he was concerned about the new agency's actions against high-interest lenders. 

    "The concern is the same, that they will blunder based on their belief in what's going on, rather than use sound economic science,” he said. “By over-regulating those products, they could drive them out of business and could end up hurting consumers. ... Before we had alternative lending products ... we had loan sharking. We could end up there again."

    It works, or it doesn't

    While Zywicki wouldn't mind a dismantling of the agency, his preference would be a radical restructuring, with Corday replaced by a slate of mixed-party commissioners with less power.

    "The optimal solution is a more accountable, more reasonably constructed agency along the lines of the FTC," he said. "We've been doing independent regulatory agencies for a century, and we know what works."

    But Mierzwinski said the housing bubble and the recession show that the system that was in place didn't work, and says he fears that a diluted CFPB wouldn’t be able to take firm action against the powerful financial services industry.

    "We would lose … the one regulator that has protecting consumers as its only job," he said. "Payday lenders could run roughshod over American consumers again without the CFPB, and credit bureaus wouldn't be brought into line."

    * Follow Bob Sullivan on Facebook.

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    More from Red Tape Chronicles:

    Facebook, real world data brokers team up to pick online ads for you

    One latte away from millions? Don't bank on it, author says

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  • 21
    Feb
    2013
    4:06am, EST

    One latte away from millions? Don't bank on it, author says

    Author Helaine Olen is causing a stir in the personal finance sector with her new book "Pound Foolish." NBCNews.com's Bob Sullivan speaks with Olen about her book, which questions the advice that average Americans are getting from financial gurus and planners.

    By Bob Sullivan, Columnist, NBC News

    Helaine Olen has begun an important discussion in the world of money: Is anybody's advice worth paying for?

    The author's new book, “Pound Foolish: Exposing the Dark Side of the Personal Finance Industry,” has rattled quite a few cages since it was published in January. It's also gotten a lot of attention, including glowing praise from The Economist. We sat down with Olen at our studio in 30 Rockefeller Plaza recently. (You can watch the interview by clicking “play” above.)

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    Olen points out the folly of simplistic mass-market advice, such as the notion that forgoing a latte every day will make one a millionaire by retirement. She's an equal-opportunity critic, poking fun at everyone from late-night TV stock pickers, to financial gurus who make millions writing books, to newspaper business reporters who have no credentials for doling out advice.

    In fact, that's how Olen started her career -- writing "Money Makeover" columns for the Los Angeles Times, where she matched up eager consumers with even more eager finance wizards, and described the advice that was doled out. Ten years on, these stories still gnawed at Olen, as she wondered if the consumers were genuinely helped by the advice. Her book's most telling moments detail meetings with these sympathetic characters, who unsurprisingly have not fared better after hearing the normally high-priced money wisdom.


    Olen gets some cheap laughs by going back in time and showing mistakes made by financial prognosticators -- citing Suze Orman's advice to her fans that real estate was the best investment. But something more nefarious is at play in American culture, Olen says, when the myth of the latte millionaire persists. The subtle message from many financial gurus is that consumers simply have to suck it up a little, ditch the extravagances and everything will be fine. That's just not true, she argues.

    "We believe very deeply in this country in the myth of Horatio Alger, which is ... this idea that we can do it all by ourselves," she said. "And that's just not true." Harsh economic realities, such as skyrocketing housing and health care costs, play a bigger role in our financial future than our ability to skip pricey coffee, Olen says.

    It's undeniable that much personal finance advice is overly simplistic. But it's also undeniable that Americans are terrible at math, and many don't want to take even the simplest steps at improving their financial futures. So it may not be fair to criticize those who give simple advice to consumers who seem to want it. And behavioral economists have produced research for years showing that financial education doesn't do much good anyway, because people tend to take the path of least resistance when making decisions on 401(k)s, mortgages and so on. They prefer nudges from companies and governments, such as automated enrollment in the most beneficial retirement plans. 

    Helaine Olen, author of the controversial book "Pound Foolish," says that financial gurus who dole out advice are ignoring some of the core economic issues impacting Americans. NBCNews.com's Bob Sullivan speaks with Olen about her book.

    What's the harm if financial gurus provide that nudge of inspiration to pay down debt or build up savings for someone who otherwise might not act? Olen didn't have a good answer. Still, her critique is eye-opening, particularly when readers are confronted with tale after tale of advice gone bad. 

    Taken as a whole, “Pound Foolish” is a good reminder that you are as qualified as anyone else to control your financial future. As the saying goes, if you want something done right, you should do it yourself. You'll be saving a lot of money in the process, too.

    * Follow Bob Sullivan on Facebook.

    * Follow Bob Sullivan on Twitter

    More from Red Tape Chronicles:

     ID theft on the rise again: 12.6 million victims in 2012, study shows

    'Privacy tax' creator makes his case, says software is 'eating the world'

    Death of the price tag: Stolen from us too soon

     

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Bob Sullivan, Columnist, NBC News

I'm a reporter for msnbc.com and I try to write stories that make the world a little bit more fair. My blog, The Red Tape Chronicles, is among the most popular consumer affairs columns on the Web. My recent book, Gotcha Capitalism, was a New York Times best seller. Since 1995, I've written about the troubles created for consumers by both technology, covering topics like privacy, identity theft, computer viruses and hackers.

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