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Democrat senators question what Elon Musk plans to do with CFPB data

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Sens. Elizabeth Warren, D-Mass., center, Amy Klobuchar, D-Minn., and Senate Minority Leader Charles Schumer, D-N.Y., conduct a news conference after the Senate Policy luncheons in the Capitol, March 14, 2017.

Tom Williams | CQ Roll Call | Getty Images

Democrat lawmakers led by Massachusetts Sen. Elizabeth Warren on Tuesday held a forum pushing back against the moves that the Trump administration and Elon Musk have taken to neutralize the Consumer Financial Protection Bureau.

Guests at the event included a retired military veteran helped by the agency, a mortgage broker who said the CFPB has helped curb industry abuses, and the bureau’s former head for supervision.

But the focus of the senators’ attention was Elon Musk, the driving force behind the so-called Department of Government Efficiency. While Musk was invited to the Washington, D.C, event, according to Warren, he didn’t make an appearance.

The lawmakers questioned whether Musk was conflicted in his efforts to dismantle the CFPB, highlighting his recent plan to launch a digital payments service within X, the social media network he owns.

“By seizing control of the agency, Musk can now root through all of the CFPB’s confidential data that DOGE has accessed on these potential competitors,” Warren said. “As Musk launches his new app, he faces oversight from the CFPB. His plan seems to be to eliminate the watchdog.”

A representative for Musk and X didn’t immediately respond to request for comment.

Earlier this month, operatives from DOGE gained access to CFPB systems, shortly before the bureau’s new leadership shuttered the agency’s headquarters, froze nearly all activities and laid off roughly 200 employees. A CFPB union has alleged in a lawsuit that acting CFPB Director Russell Vought intends to fire more than 95% of the agency’s staff.

“Elon, how do you justify shutting down the agency that’s going to be looking at your peer-to-peer payment plan?” Sen. Amy Klobuchar, D.-Minn., asked rhetorically during the hearing Tuesday. “How do you justify shutting down the agency that has jurisdiction and oversight over many of the other financial issues that you are going to make money from doing?”

‘Secret sauce’

Responding to a question from Sen. Chris Van Hollen, D.-Md., about what Musk could do with CFPB data, Lorelei Salas, the former CFPB supervision director, said the regulator kept “very sensitive trade secret information,” including from payments services PayPal, CashApp and Zelle, as well as online lenders.

“We’ve been looking at a number of digital wallet companies, payments companies, and we have information… on the technologies that they’re using,” Salas said. “We have information on the secret sauce of the credit models that people used with artificial intelligence to make decisions about whether you get a loan or not.”

Late last year, the CFPB took steps to supervise tech giants and payments firms that dominate the market, including Apple and PayPal, and sued the operator of the Zelle payments network and the three biggest U.S. banks using it for allegedly failing to properly investigate fraud complaints.

Besides confidential data on companies examined by the CFPB, the agency has “very sensitive data” from consumers filing complaints, Salas added. Consumers often leave account numbers and other personal data in their complaints, agency sources have said.

Now, with the CFPB and its employees in a state of limbo, the question is how far Musk and Vought can take their campaign to minimize the watchdog. A federal judge has halted their efforts, saying that they cannot fire employees or purge bureau data for the time being.

“The CFPB has been sidelined, but it is not dead,” Warren said, asserting that only Congress can shut down the bureau. “Advocates are in court right now asking judges to enforce the law, and I am confident they are going to win.”

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T. Rowe Price likes stock picking now

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One of the largest active ETF managers on leveraging fund tactics in new ways

It appears T. Rowe Price is benefitting from the record growth in actively managed exchange traded funds.

Tim Coyne, the firm’s head of ETFs, reports the firm is seeing significant growth in the area — listing the T. Rowe Price Capital Appreciation Equity ETF (TCAF) and T. Rowe Price U.S. Equity Research ETF (TSPA) as two established strategies that can satisfy investor demand.

“I think having that professionally managed portfolio is really beneficial to clients,” Coyne told CNBC’s “ETF Edge” this week. “We’re seeing just… greater volatility [and] uncertainty across both the equity and fixed income markets.

According to Coyne, the T. Rowe Price Capital Appreciation Equity ETF suits investors who are looking for long-term growth.

“The objective of the fund is to outperform the S&P 500 with lower volatility and greater tax efficiency,” he said. “It’s also a more concentrated portfolio, typically holding around a hundred names.”

As of April 24, the fund’s top holdings include Microsoft, Amazon, and Apple according to the T. Rowe Price website. But it’s not all Big Tech. The ETF also features smaller positions in companies like Becton Dickinson and Roper Technologies.

The T. Rowe Price Capital Appreciation Equity ETF is down about 5% so far this year while the S&P 500 is off about 7% However, the ETF is up close to 8% over the past year — roughly identical to the S&P 500’s performance.

Coyne notes the T. Rowe Price U.S. Equity Research ETF follows a similar strategy, but with a heavier weighting in top tech stocks.

“This is more of a large-cap growth product [T Rowe Price U.S. Equity Research ETF],” he said. “There are components of characteristics of both passive and active here. This fund is actually managed by our North American directors of research. So again, strong fundamental research is going into the stock selection.”

Both the T. Rowe Price U.S. Equity Research ETF and S&P 500 are down around 7% since the beginning of the year. Meanwhile, the fund is up almost 9% over the past year. That’s less than one percent better than the S&P 500’s performance.

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T. Rowe Price U.S. Equity Research ETF vs. S&P 500

‘Some form of bear market’

Strategas Securities’ Todd Sohn thinks investment demand for active managers will continue to be strong.

“This is the type of the environment where it [active management] can actually shine,” the firm’s senior ETF and technical strategist said. “We are in some form of bear market. This is where the active manager really can come into hand and offer their solution they are doing right.”

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