Consumer bureau to ease caps on some credit card fees

The Consumer Financial Protection Bureau is reversing a rule that would have capped credit card fees associated with opening a new credit card account, in response to a federal court ruling last year.

At issue is when a cap on credit card fees should kick in.

Congress passed credit card laws in 2009 that limited a number of fees, including fees charged during the first year the account is open. The law caps first year credit card fees at 25% of the account’s credit limit.

For example, an account with a $1,000 credit limit would be limited to charging $250 in fees in the first year.

In 2011, the Fed clarified that the crack-down also applies to fees that customers pay when they’re first opening an account, like sign-up fees. Credit card issuer First Premier Bank cried foul and sued.

First Premier’s $400-a-year credit card

A South Dakota federal court judge agreed with the bank last fall, ruling that the new laws don’t kick in until after a customer has already opened an account. That allows card-issuers to charge high fees to open an account without worrying about hitting the cap cash advance loan.

The consumer bureau is collecting comment on a measure that would rewrite the credit card rule halted by a federal court last year. The bureau said it is reversing course to clarify the fee caps since the bureau’s rule and the judge’s order halting its implementation has created confusion.

The revised rule would reflect the judge’s decision that the 25% cap on fees in the first year only kicks in after a credit card account is officially open.

In the call for comment, the bureau acknowledges that the new rule "may impose potential costs on consumers."

Washington financial policy analyst Brian Gardner warned in a note to the financial industry that the consumer bureau’s reversal doesn’t signal "a future softening by the CFPB towards credit card issuers," wrote Gardner of Keefe, Bruyette & Woods. 

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US home-buying season finally signaling a recovery

Five years after the U.S. housing bust sent sales and prices plunging, the spring home-buying season is pointing to a long-awaited recovery.

Reduced prices, record-low mortgage rates, higher rents and an improving job market appear to be emboldening many would-be buyers. Open houses are drawing crowds. A wave of foreclosures is leading investors to grab bargain-priced homes.

And many people seem to have concluded that prices won’t drop much further. In some areas, prices have begun to tick up.

Interviews with more than two dozen potential buyers, sellers, brokers, Realtors and economists suggest that confidence is up and that sales will move slowly but steadily higher.

“The biggest challenge that we’ve had over the past four years is fear _ fear that the economy is collapsing, that property values are collapsing, that the world is coming to an end,” says Mark Prather, a broker at ERA Buy America Real Estate in La Palma, Calif. “The fear factor is all but gone.”

Prather says the number of prospective buyers who contacted his company last month was about 35 percent more than a year ago.

The spring buying season got an early lift-off from an uncommonly warm January and February _ a winter that was the best for sales of previously occupied homes in five years. Permits to build houses and apartments rose in February to their highest level since 2008.

“People feel much more confident,” said Steve Brown, co-owner of real estate company Irongate Inc. of Dayton, Ohio, who says sales jumped more than 16 percent for the first two months of 2012 over the same period last year. “There’s no question there’s a good feeling in the marketplace.”

Some analysts detected a slight uptick in prices for February and March. CoreLogic, a real estate data firm, says prices for homes not at risk of foreclosure _ about two thirds of the market _ rose 0.7 percent in February. It was the first increase in four years. Price gains occurred both in some hard-hit areas, such as Phoenix, and some still-thriving areas like New York and Washington.

In Miami, the average sales price has surged 14 percent in the past year, according to Trulia, a real estate data firm. In Phoenix, the average is up 13 percent, in Pittsburgh 9 percent.

Earnings reports Friday from two big banks suggested that more people are taking out mortgages. JPMorgan Chase issued 6 percent more mortgages from January through March than it did a year ago and got 33 percent more applications. Wells Fargo issued 54 percent more mortgages and received 84 percent more applications.

Still, few think the housing industry is nearing a return to full health. For that to happen, a robust job market would be needed. More hiring would give more people the money and job security to buy. That would help boost sales and prices.

Such areas as Atlanta, suburban Las Vegas and central California show few signs of recovery. And in some others _ from Seattle to Cleveland _ home prices have continued to slip. The average has dropped 9 percent in Seattle over the past 12 months and 7 percent in Cleveland.

But in many parts of the country, including thriving areas of Boston, Dallas and Seattle, confidence is rising along with prices. Among the reasons:

_ Hiring has strengthened. Each month from January through March generated a solid average of 212,000 jobs. Unemployment has sunk from 9.1 percent in August to 8.2 percent. More job security tends to embolden more people to invest in a home. In Dayton, for example, the University of Dayton is hiring for a new engineering research center, General Electric is hiring hundreds of contractors and the nearby Wright-Patterson Air Force Base are expanding.

_ Loans remain cheap. The average rate on a 30-year fixed-rate mortgage is 3.88 percent. That’s just above the 3.87 percent reached in February _ the lowest since long-term mortgages were first offered in the 1950s.

_ Homes are more affordable. Nationwide, home prices are down 34 percent since 2006.

_ Americans are more confident. The Thomson Reuters/University of Michigan’s survey of consumer confidence rose in March for a seventh straight month to its highest level in 13 months.

Also fueling interest are signs that home values are finally stabilizing. One factor that had slowed purchases after the housing boom ended in late 2006 was fear that a home would lose value soon after its purchase low fee payday loans.

But the price declines slowed toward the end of 2011, according to the Wells Fargo/Case-Shiller home price index. And CoreLogic says the average price nationally rose slightly in January and February.

“Unless prices went down, I don’t think we would have ever been able to afford a home,” said John Henschel, 37, an information technology consultant who will move with his family into a five-bedroom house in Wheaton, Ill., in May. “But we feel like prices aren’t going to go back down. We’re confident. So why not?”

When the landlord on their Chicago apartment told them he was selling it, Henschel and his wife decided it was time to buy. The home they bought for nearly $450,000 could have fetched more than $570,000 six years ago, according to housing website Zillow.com.

On a rainy Saturday this month in long-struggling Riverside, Calif., 12 families visited a three-bedroom house priced at $199,999. Ten others stopped by in the first hour of the next day’s open house. By the end of the weekend, two buyers had made offers.

“We’re seeing more buyer activity this spring than we’ve seen in probably four years,” said Liane Thomas, the broker who was showing the house.

Prices in the area could rise in coming months because the supply of homes for sale in Riverside is down _ from nearly 19,000 last year to 13,000 in February.

Many potential buyers are hunting for deals in places that were especially hurt by the housing bust. In Sarasota, Fla., which boasts wide sugar-sand beaches, condos are selling for an average of $325,000, compared with more than $550,000 at the height of the boom, said Marc Rasmussen, a broker.

Homes nearing foreclosure account for nearly half of all properties on the market, according to the Campbell/Inside Mortgage Finance HousingPulse survey. That compares with 10 percent in healthy economies. Many are receiving multiple offers because their prices have plunged.

In Phoenix, a foreclosed home offered for $77,000 that had been vandalized received 21 offers last month at or near the asking price _ roughly the price it sold for. The average time a home sits on the market in Phoenix has dropped from 114 days last year to 90 days, according to the Cromford Report, a data research group.

In suburban Washington, D.C., Rory Obletz and his wife have been saving to buy after renting for six years. Obletz, 27, failed in two previous bids for single-family homes. He’s hoping a third bid _ about $10,000 above the asking price of $399,000 for a home in Silver Spring, Md. _ will succeed this month.

“One home we went to, it was under contract by the time we walked out of the house,” Obletz said. “If you really want to get something, you don’t have a lot of time to think about it.”

It isn’t just bargain-hunting families seeking homes. Investors are increasingly buying single-family houses, fixing them up and re-selling them or converting them into rentals.

Investors are out-bidding many first-time buyers on cheaper homes in particular. Sales of homes between $100,000 and $250,000 have jumped nearly 19 percent over the past year. For homes between $250,000 and $500,000, sales are up 13 percent.

More expensive homes, from $500,000 to $750,000, whose sales tend to contribute the most to the U.S. economy, are up a smaller 6.7 percent.

For buyers seeking to move up to a bigger home or to relocate, the toughest challenge is often selling the home they’re in. According to CoreLogic, about 11 million homeowners are “underwater” _ they owe more on their mortgage than their home is worth.

Yet for first-timers like Obletz, who have been saving and watching as homes have become more affordable, the time feels right.

“Rent is a little more expensive, and we have the money, so we might as well jump on it,” he says.

_

Veiga reported from Los Angeles. Associated Press Writer Tamara Lush in Sarasota, Fla., contributed to this report.

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CPI Corp. closing 124 Kiddie Kandids portrait studios

St. Louis-based CPI Corp. is closing 124 underperforming Kiddie Kandids portrait studios inside Babies R Us stores in the next couple of weeks.

The closings, which were revealed in a regulatory filing Monday, follows a similar announcement last month that it would close 346 of its PictureMe portrait studios inside Walmart stores across the country.

After these closures, CPI will continue to operate 2,584 portrait studios inside of Walmart, Sears, and Babies R Us stores in the U.S., the company said.

CPI said that 102 of the Kiddie Kandid studio locations to be closed were the result of them not meeting minimum sales requirements as set out in a host agreement with Toys R Us. The others 22 locations were closing following the company’s evaluation of its portfolio.

The company expects exit costs related to these closures to be about $700,000.

The portrait studio operator has suffered a number of blows in recent months following poor financial results, including the transfer of its stock from the New York Stock Exchange to the over-the-counter market.

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Jobs Pose Challenge S&P 500 Has Overcome Nine Times - Bloomberg

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Gills take over operations at Viking Conference Center in Sunset Hills

INN KEEPING • Amy and Amrit Gill of Restoration St. Louis have emerged as the receivers running the Holiday Inn Southwest-Viking Conference Center at Lindbergh and Interstate 44 in Sunset Hills.

Two months ago, St. Louis County Court Judge Thea Sherry ordered the hotel to be operated by a court-appointed receiver after Eagle Bank petitioned for the change.

In its petition, the bank said Viking Lodge and Restaurant Inc. and hotel owner Christopher Kreutz, owed the bank $9 million on a loan. It added that Kreutz had said the hotel did not have enough money to meet its payroll responsibility.

Reached in India where the Gills are visiting family, Amy said their mandate by the court is to “reposition and turn around the performance of the hotel.” She said it will remain a Holiday Inn while the hotel is being repositioned.

The hotel was built by Kreutz’ father, Roger Kreutz Sr no fax payday loans., in 1972 and sold to brothers Christopher and Roger Kreutz in 1998. Roger Kreutz died in March 2008 from injuries sustained when he was run over by a car while trying to prevent a theft from a Starbucks in Crestwood.

The Gills, who have done a lot of restoration in St. Louis’ Grove area, are not newcomers to hotel restoration. They recently restored the 97-year-old Hotel Blackhawk in Davenport, Iowa, adding high-end retail stores, 19 upscale residential units, 52 spacious suites and a spa.

Kreutz said he spend $200,000 three years ago to give the Holiday Inn a facelift, and in 2007, the hotel was part of a makeover that was financed by the company itself.

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Monsanto boosts profit outlook after strong Q2 report

Monsanto Co. said this morning that a strong and early U.S. seed selling season drove its second fiscal quarter net income up 19 percent. The U.S. agricultural giant raised its earnings outlook for the full year.

Monsanto, which produces genetically engineered seeds and the herbicide Roundup, earned $1.21 billion or $2.24 per share in the quarter ended in February, compared with $1.02 billion, or $1.88 per share, a year earlier. Increased corn seed sales in Latin America also boosted results.

Revenue rose 15 percent to $4.75 billion from $4.13 billion. Analysts were expecting a profit of $2.11 per share on revenue of $4.53 billion.

Sales of corn seeds and traits, by far the company’s biggest segment, rose 17 percent to $2.82 billion. Soybean seed and trait sales, its next largest segment, rose 12 percent to $698 million.

Monsanto boosted its expectations for full-year adjusted earnings by 10 cents per share to a range of $3.49 to $3.54. Including all one-time gains and losses, it expects to report earnings per share of $3 fast cash.45 to $3.50. Analysts, who exclude one-time items from their estimates, currently expect $3.51 per share.

The U.S. Department of Agriculture said last week that corn supplies as of March 1 were down 6 percent from a year earlier, indicating supplies will remain tight and prices high in the near term. Corn is used in everything from fuel and animal feed to syrup for soda.

At the same time, the USDA predicted that farmers will plant 95.9 million acres of corn this spring — above the previous projections of the USDA and most analysts. That would be 4 percent more than a year ago and the highest level since 1937, when 97.2 million acres were planted. Monsanto produces a large majority of genetically engineered seeds used in the U.S.

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CFTC accuses Royal Bank of Canada of sham trades

U.S. regulators are accusing one of Canada’s largest banks of engaging in hundreds of millions of dollars in illegal futures trades to reap tax benefits on its holdings of company stocks.

The Commodity Futures Trading Commission filed civil charges Monday against Royal Bank of Canada, saying the bank made the sham trades with itself. The agency said it is the largest case it has brought against so-called wash trades, which cancel each other out. Royal Bank of Canada engaged in “a wash-trading scheme of massive proportion,” the CFTC said.

In addition, the agency alleged that the bank concealed the true nature of the trades and made false statements to a futures trading exchange, OneChicago.

The CFTC alleged that Royal Bank of Canada made the trades in stock futures contracts from June 2007 to May 2010 at non-competitive prices with two foreign subsidiaries. The transactions weren’t “at arm’s length,” as required by law, and as reported by the bank to the exchange, the agency said.

An arm’s length transaction either is one in which the buyer and seller aren’t directly related or one done at a price that would prevail if they were unrelated. The federal rules allow futures trades between companies and subsidiaries, but only if they are done on an arm’s length basis.1

Toronto-based Royal Bank of Canada called the CFTC’s allegations “baseless” and said it will contest them in court. The bank said the trades had been vetted in advance by the CFTC and futures exchanges back in 2005 with no objections being lodged against them, and they were monitored for several years.

The CFTC is seeking a permanent injunction against the bank committing further violations of the federal commodities laws and rules, and unspecified monetary penalties in its civil lawsuit filed in federal court in Manhattan.

The CFTC said the bank’s trading strategy was devised to gain Canadian tax credits on its holdings of U.S. and Canadian company stocks. The strategy was created and carried out by a group of executives at the bank. However, the agency’s suit didn’t name any individuals.

“Today’s action should make clear that the CFTC will not hesitate to bring charges against even the most sophisticated market participants who unlawfully exploit the futures markets for their own gain,” SEC Enforcement Director David Meister said in a statement.

Meister, questioned by reporters, wouldn’t say whether related suits could be filed against individuals in the future or if the alleged misconduct by Royal Bank of Canada also occurred at other banks.

The buyer or seller of a futures contract commits to purchase or sell something at a specified date and price.

There were two types of futures trades the bank engaged in that corresponded to two different Canadian tax benefits, the CFTC said. One benefit allows Canadian companies that hold U.S. stocks that pay dividends to get a tax credit for the U.S. dividend tax they pay. The bank bought stocks in U.S. companies that it expected to pay dividends on certain dates.

As a hedge against risk, the CFTC said, the bank also sold single-stock futures contracts at the same time to a foreign subsidiary. The subsidiary sold the stock short, meaning it bet against the stock _ borrowing shares, selling them and then buying them when the stock price falls and returning them to the lender, while pocketing the difference.

The net effect was a “wash,” but the bank got a tax credit as a result, the CFTC said.

Another Canadian tax benefit allows Canadian companies that hold shares of other Canadian companies for more than a year to receive dividends tax-free for a year. In that case, Royal Bank of Canada bought baskets of Canadian stocks that it held for more than a year and also sold stock-index futures contracts as a hedge to another foreign subsidiary, the CFTC said.

“Before we made a single trade, we proactively contacted the exchange to seek its guidance,” Royal Bank of Canada said in a statement. “These trades were fully documented, transparent and reviewed by both the CFTC and the exchanges, and for the next several years were monitored by them. RBC’s trading was permissible in 2005, and it is permissible today under the CFTC’s published guidance.”

The bank said that since there was no objection in 2005, it is “absurd” for the CFTC to claim now that the trades were fictitious or wash sales.

The trades were engaged in by independent RBC entities with the intention of taking genuine market positions, in accordance with CFTC guidelines, the bank said. “They were executed at competitive market pricing and no market participants suffered any negative impact.”

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