Regulation


Gov. Christie Signs ZIP Code Repeal Bill (Feb. 6, 2015)

N.J. Governor Chris Christie (R) signed into law a bill that eliminates the collection of consumer ZIP code information for gift cards purchased at the POS, putting an end to a protracted legal battle over unclaimed property rules in the state.

NYAG Widens Access to Bank Accounts, But Still Plenty of Room for Prepaid (Feb. 3, 2015)

New York Attorney General Eric Schneiderman wants to increase access to traditional banking services by getting banks to change their account-opening criteria. But broader access to checking and savings accounts doesn’t mean consumers won’t continue to seek out alternatives, including prepaid cards, which may have more features and fewer fees, according to industry observers.

CFPB Considers Comment Period Extension for Prepaid, but More Time Seems Unlikely 

In a Jan. 27 letter to U.S. Rep. Sean P. Duffy (R-Wis.) and several other members of Congress, CFPB Director Richard Cordray said the agency would give the lawmakers’ request for a 60-day extension to the comment period for its prepaid NPRM “serious consideration.” But the rest of the letter suggests that the agency feels 130 days since the proposal went up on its Website will be adequate for stakeholders to comment.

FDIC Backs off Operation Choke Point (Jan. 29, 2015)

Critics of the DOJ’s controversial Operation Choke Point, which encourages financial institutions to scrutinize clients that operate certain types of businesses, such as payday lenders and firearms sales, may welcome the latest news from the FDIC.

FDIC Advises Banks to Contact Examiners on Brokered Deposits

Prepaid issuers aren’t the only ones confused by the potential implications of the FDIC’s recent FAQs on brokered deposits. The agency offered some clarifications to ABA staff but recommends issuers reach out to their examiners with specific questions.

Fed Issues Paper Announcing Plan to Improve U.S. Payment System (Jan. 27, 2015)

The Federal Reserve this week issued a new report, “Strategies for Improving the U.S. Payment System,” outlining a plan to enhance the overall speed, safety and efficiency of the nation’s payment system with collaboration from payment industry participants including businesses, payment card networks, processors, payment technology firms, consumers and financial institutions.

The Bancorp Reclassifies Deposits in Compliance with FDIC FAQs (Jan. 21, 2015)

The Bancorp Inc., parent of The Bancorp Bank, disclosed last week in a short regulatory filing that it reclassified deposits as “brokered” as a result of FAQs issued by the FDIC on Dec. 24, 2014. The FAQs—which, for practical purposes, have the effect of a rule of law—require reclassification of deposits underlying many types of prepaid cards, as newly documented by the FDIC.

The media as a source of reputational protection, rather than risk

For better or worse, financial institutions are more risk averse than ever. This is the direct result of continuing and growing regulatory scrutiny over a broad range of activities, including the compliance of financial institutions in areas such as international sanctions, the prevention of money laundering, the funding of terrorism or the facilitation of tax evasion.

NACS: All Eyes on Supreme Court (Jan. 13, 2015)

Retailers and payments executives who were hoping to get an answer from the Supreme Court this week on whether the court will hear NACS et al v. Board of Governors of the Federal Reserve System will be waiting a bit longer.

Obama Unveils Bills to Safeguard Consumer Data (Jan. 13, 2015)

President Obama is throwing support behind new legislation to further protect consumers from data breaches, while backing another new bill that would prevent companies from misusing student data. At a Federal Trade Commission presentation Jan. 12, President Obama outlined the Personal Data Notification & Protection Act, which would require U.S. companies to notify customers within […]

The need for a resilient global network of FMIs

By facilitating payments, and clearing and settling transactions in the securities and derivatives markets, financial market infrastructures are essential nodes in a complex and ever more integrated international network of capital flows. The consequent inter-dependencies between financial market infrastructures will create new resiliency challenges

Derivatives markets brace for Basel III margin crunch in 2015

Derivatives market participants are concerned about the impact of new margin requirements for non-cleared derivatives under Basel III, with a large number unsure whether they will even have to comply with the rules, according to new survey published today by the International Swaps and Derivatives Association.

EU VAT Law Aimed at Leveling Playing Field Goes into Effect (Jan. 5, 2015)

The start of a New Year also brings a new EU law into effect that’s intended to stop companies from undercutting their competition by setting up in low-tax countries. However, the law also could increase the tax on purchases of digital content like mobile applications, music downloads and e-books.

EU Officials Agree to Cap Interchange Fees (Dec. 18, 2014)

Members of the Economic and Monetary Affairs Committee and European Union Council negotiators yesterday agreed to cap the interchange fees on cross-border and domestic card-based payments, ensuring uniform rules across the EU.

More Must Reading: FFIEC Updated BSA/AML Exam Manual (Dec. 8, 2014)

The FFIEC’s recently updated BSA/AML Examination Manual is emphasizing—as it has in the past—that the buck stops with issuing banks in terms of ultimate responsibility for BSA/AML compliance for prepaid access products, regardless of agreements or contracts with other players in the value chain.

Banks falling behind on liquidity monitoring says Swift

Fewer than a third of banks are at the implementation stage of projects implementing the Basel intraday liquidity monitoring rules that come into force next month – and most believe that industry collaboration will be needed to achieve a successful outcome.

DTCC and FS-ISAC launch cyber threat “beacon” system

A platform for sharing cyber-security threat intelligence among financial services companies has been launched by US post-trade utility the DTCC and non-profit security organisation FS-ISAC. Called Soltra Edge, the platform gathers data about cyber-security threats and converts it into a standardised format for sharing.

Viewpoint: The EU Payments Package Puzzle

Debate on the EU Payments Package, composed of the revised Payment Services Directive and the Regulation on Interchange Fees, recommenced in Brussels on Nov. 19. Although the two pieces of legislation are part of one “package,” they’re at different stages in the legislative process, and depending on how they progress, the transition into law could be smooth for the industry—or not.

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