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    Nearly 3 million people cut from Medicaid coverage even though many might still be eligible

    About 75% of the 2.7 million people who have lost Medicaid coverage across 32 states and Washington, D.C., were booted from the program because they did not complete the process to renew their coverage.
    This means many of these individual may have lost their insurance despite still being eligible for Medicaid.
    States are checking people’s eligibility for Medicaid for the first time in two years after protections put in place during the Covid-19 pandemic expired in April.

    Supporters hold up Save Medicaid signs during the Senate Democrats’ news conference at the Capitol with disability advocates to oppose the Republicans’ Graham-Cassidy health-care bill.
    Bill Clark | CQ-Roll Call, Inc. | Getty Images

    Nearly three million people have been kicked off Medicaid since Covid-19 pandemic protections expired in April, with three-quarters of those individuals losing coverage despite the fact they may still be eligible for the public health insurance program, according to data from health researcher KFF.
    Medicaid is the public health insurance program for lower-income individuals and families. It is heavily financed by the federal government but largely managed by state governments.

    The widespread removal of coverage is a worrying trend because people who lose one form of insurance often struggle to find alternative coverage due to the complexity of the U.S. health insurance system, putting them at risk of ultimately becoming uninsured.
    About 75% of the 2.7 million people who have lost Medicaid coverage across 32 states and Washington, D.C., were booted from the program because they did not complete the process to renew their coverage, according to the the most recent data, which was published Monday.
    That means their insurance may have been terminated even though they are still eligible for Medicaid.
    Texas and Florida account for the largest shares of people kicked off Medicaid in recent months. Half a million people have lost their coverage in Texas, 81% of whom had their insurance terminated because they did not complete the renewal process. In Florida, 300,000 people lost coverage, 65% of whom did not complete the paperwork.
    The number of people who have lost Medicaid coverage will only increase this month as another 11 states start the renewal process for the first time in two years, including large states such as California and New York.

    The U.S. Department of Health and Human Services has estimated that as many as 15 million people could lose coverage when everything is said and done, though many of these individuals are expected to transition to alternative insurance.
    Still, nearly seven million people might lose Medicaid coverage even though they remain eligible for the program, according to HHS.

    Red tape

    Congress barred states from kicking people off Medicaid during the Covid-19 public health emergency in exchange for a boost in funding. As a result, Medicaid enrollment surged to a historic high of more than 86 million people by March 2023, a 26% increase compared with February 2020, according to data from the Centers for Medicare & Medicaid Services.
    These Medicaid coverage protections expired in April after lawmakers slipped a provision into federal spending legislation in December that allowed states to start kicking people out of the program if they were no longer eligible. Medicaid eligibility is largely based on income.
    But many people are losing coverage simply due to bureaucratic red tape. This often happens when the state has outdated contact information and cannot reach the person. In other cases, a person might not understand how the renewal process works or fail to submit paperwork by the deadline.
    It is particularly difficult for people with limited English proficiency to complete the paperwork to renew their Medicaid coverage, said Jennifer Tolbert, an expert on Medicaid and the uninsured at KFF.

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    Read CNBC’s latest health coverage:

    HHS estimated last year that a third of those at risk of losing Medicaid are Hispanic and 15% are Black. The current data coming out of most states is not broken out by demographic groups.
    Children are also losing Medicaid coverage in large numbers. At least a quarter of a million kids have been disenrolled from Medicaid in Arkansas, Arizona, Indiana, Oklahoma, Virginia and Washington state, according to KFF. The total number nationwide is likely higher because many states are not providing information on how many children are losing coverage.

    Alternative coverage

    Health experts worry that people, even those who truly are no longer eligible for Medicaid, due to a change of income, for example, may not transition to another insurer or coverage under the Affordable Care Act, commonly called Obamacare. People have to apply for Obamacare annually, and some individuals might not be aware of how the process works.
    HHS has opened a special enrollment period to help people who have been kicked off Medicaid find alternative coverage through Obamacare.
    HHS Secretary Xavier Becerra said in a June letter to U.S. governors that he was deeply concerned about the number of people unnecessarily losing their Medicaid coverage.
    Becerra called on the governors to do everything they can to ensure people do not lose coverage for avoidable reasons. The number of people who have lost Medicaid has more than doubled since Becerra sent that letter.
    HHS has the authority to stop states from terminating people’s Medicaid coverage if the agency determines that local authorities are not making a good effort to confirm individuals’ eligibility. CNBC has reached out to HHS for comment on the latest data.
    Tolbert said limited data from a handful of states indicates that the number of people transitioning to other forms of insurance appears small, though she said this could change as more information comes in.
    The uninsured rate in the U.S. will likely increase if people struggle to return to Medicaid or are unable to smoothly transition to other insurance such as Obamacare, Tolbert said. More

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    Barbie is all the buzz this summer — and retailers hope it will make cautious consumers spend

    Retailers and brands are trying to cash in on the Barbie buzz, as higher grocery prices and a shift toward services hurts sales of discretionary merchandise.
    Macy’s-owned Bloomingdale’s, Gap, Aldo and Crocs are some of the companies with deals with Mattel to create and sell Barbie-themed clothing, shoes and more.
    Companies are also thinking beyond Barbie by chasing new and different merchandise that gets shoppers to spend.

    Bloomingdale’s is just one of the retailers and brands trying to tap into Barbie buzz. It has a pop-up with exclusive Barbie-inspired apparel and accessories, along with a life-sized Barbie box where shoppers can strike a pose.
    Bloomingdale’s

    NEW YORK CITY — In the middle of Manhattan, shoppers can step inside of a life-sized Barbie box, strike a pose by a hot pink slide and browse earrings, dresses and candles inspired by the iconic plastic doll.
    The pop-up shop inside Bloomingdale’s flagship store is just one example of how retailers are trying to cash in on the buzz ahead of the Friday release of “Barbie” from Warner Bros.

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    More than 100 brands, including Bloomingdale’s, Kohl’s, Crocs and Gap, have licensing agreements or other deals with toy maker Mattel to sell Barbie-themed fashion, beauty, accessories and more. Many of those items cater to adults who want to channel childhood memories by donning bright pink heels or lounging on a pool floatie that looks it came out of a Barbie dreamhouse.
    Bloomingdale’s has an exclusive collection of Barbie-inspired women’s clothing and accessories for its private label, Aqua. It also hopes to draw shoppers with Barbie-themed window displays on Lexington Ave., special events and complimentary hair styling.
    With a splash of hot pink, retailers hope to chase away the summer doldrums and inflation blues. The Barbie merchandise, while hatched months ago in the lead up to the movie, speaks to how retailers have had to work harder and get creative to catch shoppers’ attention and convince them to pay full price. Companies including Bloomingdale’s parent Macy’s, big-box retailer Target and Coach parent Tapestry have warned of weaker sales of discretionary merchandise and big-ticket items in the U.S., as consumers pay more for groceries and spend on services like dining out and traveling.
    Plus, millions of Americans have another expense returning this fall: Student loan payments are resuming after a more than three year pandemic-related pause.

    Aldo Chief Brand and Product Officer Daianara Grullon Amalfitano said some sparkle and hot pink could help snap shoppers out of a practical, budget-focused mindset.

    “This Barbie Aldo collaboration is one of those where maybe that rational thinking just goes out the window and you’re just like, ‘Ah, this makes me feel so happy. So good. I have to have it,'” she said.
    About half of Aldo’s Barbie collection sold out in the first week. The company said it’s working on replenishing inventory for the limited-edition collection, which includes 19 items from crossbody bags to pumps.
    About half of Aldo’s 317 North American stores carry the line, along with its website. The Aldo products are also available at select Macy’s stores and on Macy’s website.

    Aldo has a collection of Barbie shoes and handbags. Some of the items, such as its Barbie platform sandals, sold out within 24 hours, the company said.

    Macy’s higher-end department store, Bloomingdale’s, carries the Barbie the Movie x Aqua line in nine stores and online, and mixed in merchandise from other brands. So far, the Barbie merchandise is “selling incredibly well” and appealing to customers across generations, said Frank Berman, the department store’s chief marketing officer.
    Berman said the retailer intentionally included items across price points in the Barbie-inspired collection, from a $24 pink candle to rose gold heart stud earrings for $8,350.
    “We have a few things that are a little over the top, but it’s curated so that everybody can can have a piece of it,” he said.
    Many items in Gap’s Barbie collection have sold out. They include rectangular hot pink adult sunglasses and a T-shirt with Ken in big capital pink letters, both $39.95.

    Gap has sold out of some of its popular Barbie items, including rectangular pink sunglasses. Its pink denim jacket is also a top performer across its stores and website.

    Barbie to the rescue?

    Barbie may not just jolt a sluggish 2023 box office. The buzz could also lift spending on nonessential items that has dropped after a Covid spending spree.
    Retailers will likely have to keep offering unique and trendy merchandise to get shoppers to shell out on wants rather than needs as they gear up for the all-important holiday season.
    Discretionary general merchandise sales fell by 4% in dollars in June compared with the year-ago period, according to market researcher Circana, the merged company formerly known as The NPD Group and IRI. Unit sales in the category fell by 9% during that timeframe.
    Last week, Amazon, Walmart, Target and others drove sales by offering deeper discounts with Amazon Prime Day and other competing promotions. Consumers spent $12.7 billion during the two-day sales event online in the U.S., representing 6.1% growth year-over-year and marking a new record, according to Adobe Analytics.
    Barbie cut through as a popular search item last week. It jumped from 85th to 49th on the list of top brands this Prime Day versus last year, according to early data from Numerator. The top Barbie item sold during the sales event was lead actress Margot Robbie’s “Barbie” collectible doll.
    As Americans look for deals, Barbie is just one of the ways that retailers are persuading them to look beyond the essentials.

    Oliver Chen, a retail analyst for Cowen, said brands have capitalized on trends like the shift toward looser-fitting denim, the return to dressier and more tailored outfits for occasions and the heightened interest in innovative makeup and skincare products.
    “Every brand loves newness because newness creates desire,” said Chen.
    Barbie is “another floating life jacket” that retailers can grab onto, said Susan Fournier, a professor of marketing and dean of Boston University’s business school. The brand has built-in recognition, nostalgia that resonates across generations and baked-in free marketing because of the movie.
    Unlike other movie-themed merchandise, Barbie isn’t just a logo that can get plastered on T-shirts and backpacks, but an aesthetic that cuts across home goods, makeup and clothing and channels an optimism that many shoppers may crave, she said.
    “We’re in a pretty messy world,” she said. “We’re in the post-Covid world, which has a ton of baggage. There’s a ton of anxiety. And then you get Barbie and it’s all pink. And I think there’s something super deep about a hunger for that.”
    She said some of the brand’s power comes from its complicated legacy. Barbie is closely linked with perfection, with her tiny waist, beautiful home and handsome boyfriend. Yet Barbie was also unmarried and became an astronaut before the first moon landing.
    “There is something culturally powerful about living in that contradictory space,” Fournier said.

    Inside of Bloomingdale’s pop-up shop in New York City, shoppers can find an exclusive Barbie collection of clothing and accessories from private label Aqua. The retailer’s website and nine stores carry the collection.
    Bloomingdale’s

    Chasing the Barbie bump and beyond

    Other retailers have run a similar playbook with branding inspired by pop culture.
    Tapestry-owned Coach has collaborated with beloved brands and celebrities, including Disney and comic strip Peanuts. It had a collection of clothing and accessories inspired by Jean-Michel Basquiat, the late New York artist who became famous in the 1980s for his edgy and graffiti-inspired designs. It recently launched a new collection with actress Kirsten Dunst.
    Coach CEO Todd Kahn said the company carefully chooses which partnerships make sense. He said he has enjoyed seeing other brands’ Barbie collaborations, but Coach decided against a partnership.
    “So often people use collaborations for a quick spike,” he said. “We’re interested in long-term sustainability. That’s why with our collaborations we’ve become very selective on them. We use them to help bring a new audience to the table. And then we measure how sticky they are afterwards, which is super important.”
    For example, he said, Coach’s Basquiat items attracted new and more engaged customers, brought in about 10% more Gen Z and millennial customers than its mainline collections and enticed them to pay some of Coach’s highest price points.
    Some brands appear to be getting a Barbie bump — but it remains to be seen whether those customers will stick around.
    Berman, Bloomingdale’s longtime chief marketing officer, said the chain sees an increase in store and website traffic when it has collaborations. That’s why the company’s flagship has “The Carousel,” a dedicated pop-up space, which can also be shopped online.
    The retailer has blended fashion, a well-recognized brand and a memorable experience many times before. It had a pop-up inspired by Netflix’s hit series, “Bridgerton.” Many years ago, it had a “Moulin Rouge”-themed pop-up, complete with can-can dancers and an appearance by the movie’s star, Nicole Kidman.
    Aldo’s Amalfitano declined to share recent sales numbers or its forecast for the year. Yet like other retailers, the footwear and accessories brand has felt the pullback in discretionary spending, she said.
    She hopes elevated sales and shopper engagement will continue, even when the Barbie merchandise is gone.
    “That’s a burning question,” she said.
    — CNBC’s Caitlin Freda and Courtney Reagan contributed to this report. More

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    Schwab CEO says bullishness among retail traders is rising, with buy orders 20% higher than sells

    Walter “Walt” Bettinger, president and chief executive officer of Charles Schwab Corp., speaks during the 2015 Fortune Global Forum in San Francisco, California, on Tuesday, Nov. 3, 2015.
    David Paul Morris | Bloomberg | Getty Images

    Charles Schwab CEO Walt Bettinger said Tuesday that retail investors using his brokerage platform are showing signs of bullishness on the stock market.
    Bettinger revealed that Schwab clients have been adding equity exposure in the past few months. The volume of buy orders on Schwab’s platform is 20% higher than sell orders, showing investor optimism about the market, he added.

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    “What’s interesting about June is that, even as this cash realigning fell to the lowest level it’s been in many, many months, part of that was because clients are now moving back into the equity markets. So that’s a good thing,” Bettinger said on “Squawk on the Street.”
    “It’s clients simply moving into something in cash that pays higher yield. They’re back in the market. And we saw in the aggregate for the second quarter, buys were about 20% higher than sells. Our clients are showing some optimism,” he added.
    The S&P 500 has jumped more than 18% this year after scoring its best first half since 2019.
    Shares of Schwab soared 12% Tuesday after its second-quarter report topped expectations. Schwab posted adjusted earnings per share of 75 cents on $4.66 billion in revenue. Analysts polled by Refinitiv estimated 71 cents per share on $4.61 billion of revenue.
    The stock is still down more than 21% this year, even after Tuesday’s surge. Schwab shares sold off dramatically earlier this year during the regional banking crisis amid concerns about deposit outflows and its balance sheet.
    — CNBC’s Jesse Pound contributed reporting. More

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    Homebuilder sentiment rises again in July, but builders warn higher mortgage rates are hurting

    Builder sentiment in the market for single-family homes rose 1 point in July to 56, according to the National Association of Home Builders/Wells Fargo Housing Market Index.
    It marks the seventh straight month of gains and the highest level since June 2022. A reading above 50 is considered positive sentiment.
    Builders say low supply in the resale market is driving demand for new construction.

    Builder sentiment in the market for single-family homes rose 1 point in July to 56, according to the National Association of Home Builders/Wells Fargo Housing Market Index.
    It marks the seventh straight month of gains and the highest level since June 2022. A reading above 50 is considered positive sentiment.

    Builders say low supply in the resale market is driving demand for new construction, but higher mortgage rates and supply-side challenges continue to put pressure on the market.
    “Although builders continue to remain cautiously optimistic about market conditions, the quarter-point rise in mortgage rates over the past month is a stark reminder of the stop and start process the market will experience as the Federal Reserve nears the end of the ongoing tightening cycle,” said Robert Dietz, NAHB’s chief economist.
    The average rate on the popular 30-year fixed mortgage crossed over 7% briefly in May and then again at the end of June. It has only come down slightly in the last week. Those higher rates are straining affordability in the market, where prices for existing homes are rising yet again.
    Of the NAHB index’s three components, current sales conditions in July rose 1 point to 62; buyer traffic increased 3 points to 40, the highest reading since June of last year; and sales expectations in the next six months fell 2 points to 60. The drop in expectations is due to that jump in interest rates and the resulting hit to affordability.
    Despite higher mortgage rates, however, builders are using fewer incentives. Just 22% of builders reported cutting prices in July. This is down from 25% in June and 27% in May.
    Sales of newly built homes in May, the latest reading available, jumped 13% compared with April and were 20% higher than May 2022, according to the U.S. Census Bureau. The median price was down over 7% from May of last year, but that median may be skewed by the mix of homes selling, which is currently leaning toward the lower end. More

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    Morgan Stanley beats estimates on record wealth management revenue

    Here’s what the company reported: Earnings: $1.24 a share vs $1.15 per share Refinitiv estimate.
    Revenue of $13.46 billion vs. expected $13.08 billion.

    CEO of Morgan Stanley James Gorman speaks in New York, May 6, 2014.
    Getty Images

    Morgan Stanley on Tuesday posted second-quarter earnings and revenue that topped analysts’ expectations, helped by record wealth management results.
    Here’s what the company reported:

    Earnings: $1.24 a share vs $1.15 per share Refinitiv estimate
    Revenue: $13.46 billion vs. expected $13.08 billion

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    The bank said profit declined 13% to $2.18 billion, or $1.24 a share, on lower trading results from a year ago and a round of layoffs that triggered $308 million in severance costs. Revenue climbed 2% to $13.46 billion.
    Under CEO James Gorman, Morgan Stanley’s reliance on wealth management has helped its steady earnings and boosted its valuation relative to peers. Gorman, who took over the firm in 2010, said in May he was preparing to step down within a year, setting off a succession race at the Wall Street powerhouse.
    “The firm delivered solid results in a challenging market environment,” Gorman said in the earnings release. “The quarter started with macroeconomic uncertainties and subdued client activity, but ended with a more constructive tone.”
    Despite lower market levels that caused some fees to dip from a year ago, second-quarter wealth management revenue rose 16% to $6.66 billion on higher interest income, exceeding the $6.5 billion estimate of analysts surveyed by FactSet. The division took in $90 billion in net new client assets.
    The bank’s Wall Street division fared less well. The institutional securities business posted an 8% drop in revenue to $5.65 billion, driven by declines in trading. While equities trading generated $2.55 billion in revenue, topping the $2.37 billion FactSet estimate, fixed income produced $1.72 billion, which was well below the $1.99 billion estimate.

    Investment banking revenue of $1.08 billion was roughly unchanged from a year ago and essentially matched analysts’ expectations.
    Morgan Stanley shares are up slightly this year, compared with the about 20% decline of the KBW Bank Index.
    On Friday, JPMorgan Chase, Citigroup and Wells Fargo each posted earnings that topped analysts’ expectations amid higher interest rates. Goldman Sachs wraps up big bank earnings Wednesday. More

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    Stocks making the biggest moves premarket: Bank of America, Pinterest, Masimo & more

    A pedestrian walks by the Pinterest headquarters on April 09, 2019 in San Francisco.
    Justin Sullivan | Getty Images

    Check out the companies making the biggest moves before the bell:
    Bank of America — Bank of America added 0.4% in the premarket after beating top and bottom line estimates for the second quarter. BofA’s results were helped by more profitable lending, boosted by higher interest rates.

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    Bank of N.Y. Mellon — The bank reported better-than-expected profit and revenue for the second quarter. Like BofA, Bank of N.Y. Mellon benefited from the impact of higher interest rates. However, the stock fell more than 1%
    PNC Financial — PNC fell 2.7% in the premarket after posting lower-than-expected quarterly revenue, even as earnings beat forecasts. Deposits and net interest income both fell at PNC.
    Verizon, AT&T — Verizon gained 1% in premarket trading, while AT&T rose 0.7%. Both have been tumbling in recent days, with AT&T hitting its lowest level since 1993 Monday and Verizon dipping to its lowest since 2010. Analysts have been concerned about potential liability from miles of lead-encased cables across the U.S.  
    Masimo — Masimo plummeted 28% in the premarket after the medical device maker forecast lower than expected sales for its second quarter, as hospitals cut back on equipment spending amid increased personnel costs.
    Novartis — Novartis jumped 2.9% in premarket action after the drug maker raised its full-year outlook on strong pharmaceutical sales. Novartis also said its planned spin-off of generic drug division Sandoz would take place early in the fourth quarter.

    Pinterest — Pinterest rallied 3.3% in off-hours trading following an upgrade to “outperform” from “in-line” at Evercore ISI. Evercore said it sees digital ad spending stabilizing, with indications of a recovery in the second half of the year.
    Norwegian Cruise Line — The cruise line operator’s stock slid 1.8% in premarket action after Truist downgraded the stock to a hold from a buy. The firm is bullish on cruise industry trends but notes the stock’s recent outperformance. More

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    Twitter laid off most of its workers in Africa last year. They say they’ve been ignored and left without severance

    As part of new owner Elon Musk’s cost-cutting efforts, Twitter fired nearly all of the staff at its only office in Africa.
    Following the announcement of the wave of global job cuts, Musk tweeted in November that “unfortunately there is no choice when the company is losing over $4M/day.”
    Since Musk’s $44 billion acquisition of the social media platform in October, Twitter has lost nearly half of its advertising revenue.

    Elon Musk, Chief Executive Officer of SpaceX and Tesla and owner of Twitter, gestures as he attends the Viva Technology conference dedicated to innovation and startups at the Porte de Versailles exhibition centre in Paris, France, June 16, 2023.
    Gonzalo Fuentes | Reuters

    Former Twitter employees in Ghana, who were laid off in November, have been left without severance pay and have not heard from the company for three months, sources told CNBC.
    As part of new owner Elon Musk’s cost-cutting efforts, Twitter fired nearly all of the staff at its only office in Africa.

    Following the announcement of the wave of global job cuts, Musk tweeted in November that “unfortunately there is no choice when the company is losing over $4M/day.”
    “Everyone exited was offered 3 months of severance, which is 50% more than legally required,” he added, though it was unclear to which office and jurisdiction he was referring.
    Under Ghanaian employment law, staff must be paid redundancy and should be granted three months’ notice before they are made redundant. Twitter’s workers in the capital Accra were given less than a month, according to the sources.
    One former employee, who wished to remain anonymous due to sensitive nature of situation, told CNBC Monday that the workers requested compensation in lieu of notice and emotional distress damages as part of the negotiated settlement with Twitter, but both were rejected.
    “Twitter has dealt with us in bad faith since we were laid off in November 2022. There was no attempt to even negotiate a severance with us until international news started to report on this, and after we had approached the Labour Office in Ghana,” said another source, who also spoke to CNBC on condition of anonymity due to sensitive nature of situation.

    “It’s been a tedious process and they rejected some of our requests, which we thought were fair given the circumstances and how we’ve been treated.”
    Through their legal representative, the employees eventually reached out to accept what they saw as a watered down severance offer in May, but have endured radio silence from Twitter since then.
    “We played ball and accepted the offer that they made just so we could move forward with our lives. However, they have completely ignored us since our lawyer reached out to theirs to accept the offer in May. For many of us, expenses owed have also not been paid,” the second source added.
    Twitter responded to CNBC’s request for comment with an automated response.
    The first source also told CNBC that “everyone is tired and frustrated.”
    “This settlement is not even what was promised but we decided to just accept it and that has been a struggle,” they said.
    “Some still haven’t gotten jobs yet, have families to feed and this severance will go a long way, so having it delayed in this [manner] is just so sad.”

    Since Musk’s $44 billion acquisition of the social media platform in October, Twitter has lost nearly half of its advertising revenue and continues to generate negative cash flow, Musk said over the weekend, along with shouldering a substantial debt pile.
    The company also faces competition from new Meta platform Threads, which registered over 100 million users in its first week in operation.
    Scott Galloway, professor of marketing at New York University’s Stern Business School, wrote on Friday that Twitter last week “became MySpace: a social network void of innovation being slowly euthanized by Meta.”
    “The decline in revenue is correlated to its reduction in workforce, but not caused by it,” Galloway added. More

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    Is Biden’s $39 billion student loan forgiveness action legal? ‘Be assured it’s going to stay,’ says expert

    The Biden administration Friday announced $39 billion of student loan forgiveness for 804,000 borrowers.
    Beneficiaries may wonder if courts would likely bar that relief, as the Supreme Court did when it ruled against a separate, more sweeping loan forgiveness plan on June 30.
    The most recent appears to be on sound legal footing, experts said, and is based on borrowers in income-driven repayment plans for lower earners.

    President Joe Biden and U.S. Secretary of Education Miguel Cardona, June 30, 2023.
    Demetrius Freeman/The Washington Post via Getty Images

    How are the two loan forgiveness actions different?

    The latest action isn’t the same as the broad debt-cancellation plan originally sought by the White House, which Supreme Court justices struck down in a 6-3 decision on June 30. That action would have erased up to $20,000 of student debt for tens of millions of borrowers carrying federal loans. It had an estimated cost of $400 billion.
    Friday’s announcement concerns borrowers in income-driven repayment plans. There are four of these plans, which aim to make loan payments more affordable for lower earners.

    IDR plans cap monthly payments, generally at 10% or 20% of a household’s discretionary income, depending on the plan. The U.S. Department of Education is trying to enact a new plan with a 5% cap.

    Importantly, borrowers who make regular payments — generally for 20 or 25 years — get their remaining loan balances erased at that time.
    However, the Biden administration said that forgiveness hasn’t occurred in many cases — even though borrowers had earned it — due to administrative errors.
    Beneficiaries of the new policy will see their debt automatically discharged in coming weeks, the Department of Education said.
    “For far too long, borrowers fell through the cracks of a broken system that failed to keep accurate track of their progress towards forgiveness,” U.S. Secretary of Education Miguel Cardona said in a statement announcing the action.

    The recent plan has a different legal precedent

    Some lawmakers issued statements last week questioning the newest forgiveness action’s legal footing.
    For example, Rep. Virginia Foxx, R-N.C., chair of the House Committee on Education and the Workforce, said the Biden administration was “trampling the rule of law” and attempting to “circumvent” the Supreme Court’s recent ruling on loan forgiveness.
    Yet, the two actions are grounded in different legal precedents, experts said.
    “The two programs have nothing to do with one another,” said attorney Abby Shafroth, co-director of advocacy and director of the student loan borrower assistance program at the National Consumer Law Center.
    The sweeping — and now-defunct — forgiveness plan President Joe Biden announced in August 2022 rested on the Heroes Act of 2003. That law gave the president power to revise student loan programs during national emergencies.

    This program is narrowly tailored to people who’ve been in repayment for decades already.

    Abby Shafroth
    co-director of advocacy and director of the student loan borrower assistance program at the National Consumer Law Center

    The White House argued the Covid-19 pandemic was one such emergency. The Trump administration had leveraged the Heroes Act to implement a student loan payment pause at the onset of the Covid-19 pandemic. That pause persists today but will end in the fall.
    The Supreme Court disagreed with the Biden administration. The Department of Education needs authorization from Congress to cancel such a large amount of consumer debt, justices said.
    However, Congress has already authorized loan forgiveness relative to income-driven repayment plans, dating to when it created them in the 1990s.
    “This program is narrowly tailored to people who’ve been in repayment for decades already,” Shafroth said. “It all goes back years and is really about proper implementation of a program Congress established in 1995.”
    The plan is on “really sound legal footing,” she added. In fact, the Department of Education was almost legally compelled to fix its past errors or open itself up to lawsuits from borrowers, she said.
    Beneficiaries of the new policy are predominantly those who are or once were in the Income-Contingent Repayment program, the only one of the four IDR plans that has existed long enough to deliver debt forgiveness, Kantrowitz said. The average borrower in that program has a loan balance of $48,000, he said.

    IDR forgiveness roots predate a Supreme Court ruling

    That said, the Biden administration had some leeway when deciding on the scope of forgiveness, Kantrowitz said.
    Largely, that leeway concerned whether certain loan payments should or shouldn’t count toward a borrower’s overall payment tally, and ultimately, whether they have or haven’t satisfied the criteria for loan forgiveness (i.e., by making two decades of regular payments).
    The Department of Education looked at three broad areas in this regard: economic hardship deferments, loan forbearance and partial or late payments, Kantrowitz said. Here, it appears “well within” the Department of Education’s discretion to decide which payments count and which don’t, he said.

    “The court is likely to give great deference to the federal agencies on those matters,” he said.
    The Department of Education said last year that it would be undergoing a review of all IDR enrollees and make a one-time adjustment to their accounts. The latest action is the result of that review, which was announced in April 2022, before Biden unveiled his sweeping plan in August 2022 to forgive up to $20,000 for all borrowers.   
    In other words, the roots of Friday’s announcement to forgive $39 billion of debt predate both the Supreme Court ruling and the original policy announcement on which the court ruled, experts said.
    Additionally, questions over legality are largely moot anyway for borrowers who get relief before any sort of lawsuit arrives, Kantrowitz said. “The court wont claw back [your] forgiveness.” More