University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 8-1-2018 The Salience Theory of Consumer Financial Regulation Natasha Sarin University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Banking and Finance Law Commons, Consumer Protection Law Commons, Economic Policy Commons, Finance Commons, Finance and Financial Management Commons, Law and Economics Commons, Law and Society Commons, and the Policy Design, Analysis, and Evaluation Commons Repository Citation Sarin, Natasha, "The Salience Theory of Consumer Financial Regulation" (2018). Faculty Scholarship at Penn Law. 2010. https://scholarship.law.upenn.edu/faculty_scholarship/2010 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. THE SALIENCE THEORY OF CONSUMER FINANCIAL REGULATION Natasha Sarin* August 2018 Abstract Prior to the financial crisis, banks’ fee income was their fastest-growing source of revenue. This revenue was often generated through nefarious bank practices (e.g., ordering overdraft transactions for maximal fees). The crisis focused popular attention on the extent to which current regulatory tools failed consumers in these markets, and policymakers responded: A new Consumer Financial Protection Bureau was tasked with monitoring consumer finance products, and some of the earliest post-crisis financial reforms sought to lower consumer costs. This Article is the first to empirically evaluate the success of the consumer finance reform agenda by considering three recent price regulations: a decrease in merchant interchange costs, a cap on credit card penalty fees and interest-rate hikes, and a change to the policy default rule that limited banks’ overdraft revenue.