Bank of America, Adam Smith and a Fee Market System

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This week, Senator Dick Durbin (D-Ill.) made a remarkably pithy statement on the floor of the Senate that Bank of America patrons should "vote with your feet, get the heck out of that bank."

By now, everyone who reads, watches and listens knows that Bank of America instituted a five dollar per month charge for usage of its debit cards effective early next year, and, of course, that's what prompted Durbin's remark. While there will be no fee if you have at least $5,000 in a Bank of America account, have a mortgage with the bank, are a B of A employee, or only use the debit card for ATM transactions, any one purchase in a given month will ding you the five bucks. This is in addition to all other fees on its "basic" accounts—of which there are many types—and which can already carry fees as high as $12 per month if minimum balances are not maintained.

Not wanting to miss out on the fee-for-all, Citibank also announced a substantial rate increase, hiking the minimum balance requirement for certain checking accounts from $6,000 to $15,000, else a $20 a month fee will be charged. They also announced that "EZ Checking" account holders will be charged $15 a month if they don't maintain a balance of at least $6,000.

[Related Articles: Many Consumers Outraged by Bank of America's Big New Debit Fee and Card Fees Surpass Interest Revenue, Will Get Worse Warns Analyst]

B of A and Citibank are not alone. A number of smaller banks have already announced the imposition of similar fees and many other banks have been testing them. Further, all of the big banks are considering all manner of fees, including debit card fees, to offset a number of revenue sources cut off by the passage of the Credit CARD Act, the Dodd-Frank Act and other consumer protection legislation.

But there's been a fairly large stir directed at B of A because it was the first major U.S. bank to announce the debit card fee as a certainty, and to charge the highest number that's ever been talked about for such fees. I guess "fairly large" is an understatement. Last week, a Fox Business Network anchor cut up her debit card on camera. Yesterday, a 22-year-old customer delivered a petition with 153,000 signatures protesting the fee to a branch in Washington, D.C., just before she closed her accounts, cut up her debit and credit cards on the sidewalk and left with $400 in cash she said she was going to deposit in a credit union.

Rep. Brad Miller (D-NC) has just introduced a bill to facilitate consumers closing accounts and moving their money to other financial institutions. (The Move Your Money project offers a comprehensive list of local financial institutions.)

Furthermore, Bank of America is the only large U.S. bank that still has "problems." It's effectively been bailed out twice in the past few years. First, as part of the 2008 bank bailout where it was one of the largest recipients of taxpayer largesse; and then just a few weeks ago, when Warren Buffett—the world's most popular (and populist) octogenarian billionaire—invested $5 billion in the bank. He said recently in an interview that the bank's problems persist and will take quite a while to solve—certainly a number of years rather than months. Those problems, which are derived from the mortgage meltdown and the real estate crash, have caused the bank's stock to drop about 50 percent from its 2010 levels.

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