SUMMARY OF
DINGELL CONSUMER PROTECTION AMENDMENT

  1. Requires the Federal financial regulatory authorities to revise existing rules or prescribe new rules to provide consumers and investors with accurate, simple, and complete disclosure of all commissions, fees, markups, or other costs incurred in the purchase of financial products.

  2. Authorizes the SEC to conduct inspections of the new wholesale financial holding companies to monitor and enforce compliance by such company or any affiliate with the Federal securities laws, after notice to other regulatory authorities and with deference to their reports of examination.

  3. Protects the scope and applicability of the Commodity Exchange Act.

  4. Protects the applicability of State securities and State insurance laws (including critical insurance solvency requirements) while protecting banks from "significant interference" with their ability to engage in the business of insurance. Requires consultation between the Federal Reserve and the State insurance regulators with respect to coordinated regulation of companies that control both a depository institution and an insurance company.

  5. Protects banks and consumers from the confusion associated with conflicting insurance consumer protection regulations by providing that the Federal regulation will preempt the State protection where the Federal banking agencies jointly determine that the Federal provision provides greater protection to consumers.

  6. Enhances the functional regulation of securities by underscoring that banks not registered as broker-dealers may not collect brokerage commissions in excess of costs incurred but may collect a myriad of other types of fees in connection with effecting securities transactions in trust capacities and in connection with certain stock purchase plans.

  7. Clarifies the scope of "traditional banking products" by recognizing the SEC's jurisdiction over certain derivative instruments that are securities, and limits the SEC's interpretative reach by spelling out the meaning of "securities" and "government securities" for purposes of the provision.

  8. Requires the Secretary of the Treasury, in consultation with the Federal banking agencies and the SEC, to conduct a study of whether adequate services are being provided to low- and moderate-income neighborhoods and persons of moderate means as a result of the changes effected in the financial services industry as a result of enactment of HR 10, and to report to Congress their findings and recommendations within two years of the date of enactment.


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