Merchants Use First Amendment in Florida Surcharge Law Fight
Retailers argue the semantics between calling a price difference a “surcharge” or a “discount.”
Regulation
FDIC Issues Revised Brokered Deposit FAQs Affecting Prepaid (Nov. 16, 2015)
The FDIC last week issued a revised financial institution letter soliciting public opinion on a proposed update to its series of FAQs related to identifying, accepting and reporting brokered deposits. The revised guidance, which has a 45-day comment period that ends Dec. 28, has far-reaching implications for the prepaid industry.
Trio Indicted in Cybercrime Scheme Including JPMorgan Hack (Nov. 11, 2015)
Federal prosecutors have charged a trio of accused cybercriminals in a wide-ranging hacking and fraud scheme Attorney General Loretta Lynch called “one of the largest thefts of financial-related data in history.”
Anti-CFPB Group Amps up Rhetoric with TV Ad (Nov. 11, 2015)
A 30-second advertisement that aired during last night’s Republican presidential debate took aim at the CFPB and likely raised the hackles of the bureau’s proponents.
Senators Urge CFPB to Investigate Prison-Release Prepaid Cards (Nov. 11, 2015)
Eighteen U.S. senators led by Cory Booker (D-N.J.), sent a letter last week to the CFPB urging protections for prisoners released from jail who receive prepaid cards when they exit incarceration.
Texas Bank Files for Summary Judgment in CFPB, Cordray Challenge (Nov. 10, 2015)
A small Texas bank is digging in its heels in a legal challenge to the CFPB and the appointment of agency director Richard Cordray.
Addressing technology debt in the wake of regulation
Recent years have seen unprecedented changes to the technical infrastructure of financial institutions. Many of these changes have been driven by regulatory mandates drawn up in response to the financial crisis of 2007/8. As the Global Systematically Important Banks battle to comply with the January 2016 deadline of the Basel III Directive BCBS239, it is […]
CFPB Sets New Rules for Appeals (Nov. 4, 2015)
Companies seeking to appeal a supervisory action undertaken by the CFPB have to play by some new rules, now that the agency has revised its appeals process.
Viewpoint: Virtual Currency State Roundup
Legislators and regulators are grappling with how to apply existing money transmitter laws to an emerging industry. Read about the challenges and latest developments across the U.S.
State AGs Seek Support for Requiring PINs with EMV Cards
States are getting into the EMV with PIN push, which they say will provide better fraud protection.
Illinois Court Declines to Certify Class in Kmart Data Breach Dispute
A class action related to the Kmart breach in 2014 was struck down.
FSB targets ‘too big to fail’ dilemma
Global regulatory body the Financial Stability Board has released two guidance papers which aim to solve the “too big to fail” scenario and prevent a re-run of the financial crisis by promoting the resolvability of systemically important financial institutions.
N.Y. DOL’s Reissue of Payroll Card Proposed Rule Jeopardizes Cards in the State (Oct. 29, 2015)
The New York State Department of Labor this week reissued its proposed rule on payroll cards (see page 7 of PDF), which is similar to the one issued in May. Although some of the DOL’s changes are favorable to the industry, lingering provisions, particularly those around banned fees, will prove problematic to payroll card business models.
Judge Enters $120 Million Suspended Judgment against Morgan Drexen CEO (Oct. 28, 2015)
After much legal wrangling that saw Morgan Drexen, the now bankrupt debt settlement services provider, and the CFPB filing lawsuits against each other, a judge last week handed down a suspended judgment against Walter Ledda, the company’s CEO.
Senate OKs Cybersecurity Bill Encouraging Info Sharing (Oct. 28, 2015)
The Senate has approved a cybersecurity bill that would make it easier for the private sector and governmental agencies to share information about potential cyberthreats. The Cybersecurity Information Sharing Act passed yesterday by a vote of 74-21, after several failed attempts to advance the bill. The House passed a companion bill earlier this year, which means a combined bill soon will be headed for President Obama’s desk.
Why pending rate rises fuel the need for collateral optimisation
Eight years on from the global financial crisis, and banks continue to face a growing number of challenges. Many have ceased or significantly reduced proprietary trading, with the resulting reduction in both risk and reward. This period has also seen lower risk appetite among many investors and continuing global competition which has put pressure on profit margins,
DOE Publishes Final Rule for Title IV Funds Disbursement (Oct. 27, 2015)
The U.S. Department of Education released its final regulation regarding Title IV funds disbursement before the Nov. 1 deadline, which means the regulations will go into effect July 1, 2016, and apply to the 2016-2017 school year.
EU High Court Says Bitcoin Not Subject to VAT (Oct. 27, 2015)
In a decision that effectively classifies bitcoin as a type of currency rather than a good, the European Union’s highest court has ruled that the exchange of traditional currency for bitcoin is not subject to value added sales tax.
Breaking News: CFPB’s Cordray Weighs in on RushCard (Oct. 23, 2015)
Despite reassurances from UniRush Chairman and CEO Rick Savard earlier this week that the company is working around the clock to address any remaining cardholder issues arising from its recent technology migration, CFPB Director Richard Cordray today offered his two cents on the matter, saying the bureau will use “all appropriate tools at our disposal to help ensure that consumers obtain the relief that they deserve.”
Why should banks care about ‘tech levels’?
The fact that London’s financial services sector is also a hot spot for technology innovation is not news. In 2014, investment in financial technology firms grew by 136%. Earlier this year, George Osborne identified London’s financial technology sector as a particularly bright spot in the recovering economy – not surprising when you consider the transformational effect that information technology continues to have on the industry
Unilateral regulatory initiatives undermine G20 financial stability goals
Hasty unilateral moves by individual countries could undermine the ability of financial institutions and markets to benefit from new regulations and weaken efforts to improve financial stability, delegates at the BBA conference in London heard yesterday.
FX industry must act now or face regulation warns LMAX
More transparency is urgently needed to restore trust in the FX industry, according to a new report by foreign exchange MTF LMAX Exchange – but to make that happen, the industry will have to collaborate.
SIBOS Interview: Chrisol Correia, Head of Global Anti-Money Laundering Solutions, LexisNexis Risk Solutions
Chrisol Correia, Head of Global Anti-Money Laundering Solutions, LexisNexis Risk Solutions
Second Circuit Holds Credit Card Surcharge Doesn’t Violate U.S. Constitution
Court considers whether it’s permissible for a discount for using cash or a surcharge for using credit cards.
SoulCycle Pushes Back Against Alleged Gift Card Violations
A high-end fitness company selling tickets to reserve a spot in a specific class at a designated date and time comes under scrutiny for violating the CARD Act.
SCOTUS Denies Cert in Borders Gift Cardholder Suit
Borders gift cardholders do not get to claim $210 million in unredeemed gift card funds.
Retailers Continue to Challenge Interchange Fee Settlement
Target Corp., Amazon.com and a host of other retailers continue to challenge MasterCard, Visa and several large banks over the terms of a $7.25 billion settlement reached in 2013. The settlement was supposed to end the retailers’ claims that the banks and MasterCard and Visa artificially inflated interchange fees. Several of the largest retailers, however, […]
Viewpoint: Contrasting Payments Innovation in Europe and the U.S.
America has led Europe in payments innovation. Europe has led in payments regulation. The recent rubberstamping of PSD2 in Brussels suggests that’s likely to continue.
The value of utility
Compliance obligations are increasing for financial institutions. A utility approach to the issue is gaining favour …
Building a new risk architecture
It seems that at each Sibos, certainly since the financial crisis of 2008, a regulatory deadline is looming large. This year’s model is the Basel Committee on Banking Supervision’s (BCBS’) 11 principles for effective risk data aggregation and risk reporting (BCBS 239), with which globally systemically important banks (GSIBs) must comply by 1 January 2016. However, a report on the progress of adoption reveals a lack of preparedness.
European Parliament Passes PSD2 by Landslide (Oct. 8, 2015)
The yeas have it. The European Parliament today has passed the second major payments regulation in 2015, with 578 votes in favor of the Revised Payment Services Directive (PSD2).
Defendants Appeal Judge’s Refusal to Dismiss McDonald’s Class-Action Suit in PA (Oct. 8, 2015)
Two McDonald’s franchise owners have appealed a judge’s refusal to dismiss a class-action lawsuit alleging they illegally mandated employees be paid via prepaid cards.
PMPG endorses Swift messages for intraday liquidity reporting
The Payments Market Practice Group has endorsed the use of Swift messages for intraday liquidity reporting. The Swift message set for intraday liquidity reporting underpins a rulebook created by the Liquidity Implementation Task Force, an industry group of twenty five large clearing banks, custodian banks and global brokers, to support compliance with Basel Committee on Banking Supervision requirements.
CFPB Draws Line in Sand Regarding Arbitration Clauses (Oct. 7, 2015)
Prior to today’s field hearing in Denver, the CFPB has announced it’s considering proposing rules that would restrict consumer financial companies from using certain types of arbitration clauses that block consumers from forming class action lawsuits to obtain compensation.
ECJ’s Takedown of Safe Harbor Spells Trouble for U.S. Firms (Oct. 7, 2015)
Europe’s top court has struck down a longstanding agreement that enabled U.S. companies to handle the personal data of users in the European Union without being subjected to EU privacy rules, in a decision that will significantly affect not only tech giants like Google and Facebook, but payments and financial services companies, as well.
Technology is an enabler for stability
A large part of any financial technology businesses is clearly driven by the need for banks to comply with the ever-changing regulatory requirements that affect their business. And this has brought about a frenetic period of activity and growth in this core market. These changes affect the various individual areas within financial organizations Wolters Kluwer Financial Services and others serve, including Finance (e.g. IFRS9), Risk (e.g. Basel III Liquidity, FRTB) and Regulatory Reporting (e.g. CRD IV). They also impact the way in which these processes are governed and controlled centrally
CFPB Hearing on Arbitration Tomorrow (Oct. 6, 2015)
The controversial prospect of new regulations for arbitration agreements will be front and center during a CFPB field hearing on the matter tomorrow morning in Denver.
Rep. Tipton, CFPB Director Cordray Square off on Prepaid (Oct. 1, 2015)
Rep. Scott Tipton (R-Colo.) and more than 40 other lawmakers are urging CFPB Director Richard Cordray to be cautious in prepaid rulemaking and to make sure the government Direct Express program is not adversely affected by the forthcoming rule.
EC Seeks Input on Simplifying Cross-Border VAT Payments (Sept. 28, 2015)
With European Union law now requiring merchants to tax digital goods based on which country the buyer is located in—instead of where the seller is located—the European Commission (EC) is canvassing interested parties for feedback on the system of reconciling and paying taxes to national governments.
JWG hires MD for RegDelta platform push
JWG, the financial services regulation specialist, has appointed Blythe Barber as managing director as part of the continuation of the company’s expansion. Barber has been hired as part of an expansion of JWG’s RegDelta regulatory change management platform.
