SDBA eNews: March 31, 2016

In This Issue

FDIC Directors College To Be Held in 2017


Mark your calendars for the FDIC Directors' College to be held May 2, 2017, in Sioux Falls at the Sioux Falls Convention Center.

The College will be sponsored by the South Dakota Bankers Association and the Independent Community Bankers of South Dakota.

Be watching for more details in 2017.


ABA Offers Customizable Release on Lottery, Sweepstake Scams

 
ABA has developed a customizable press release to help bankers educate their customers and community on detecting and prevent fraud from lottery and sweepstake scams.

These scams are among the most common facing consumers, causing an estimated $8 million in losses in 2014. Download the release (members only).


Question of the Week

When issuing a revised loan estimate (LE), we have already received intent to proceed from our applicant so there wouldn’t be a specific timeframe where the closing costs would expire. We are confused by what date we should be putting in this section (on page 1). Would the date stay the original date disclosed on the initial LE? Or do we re-disclose a new date?

Answer: We recommend keeping the date from the original LE for all subsequent revised LEs, unless the reason for the changed circumstance was that the original LE expired—in that case, the date should be revised to 10 business days after that revised LE is provided to the borrower.

Not a Compliance Alliance member? Learn more about membership with Compliance Alliance by attending one of our live demos:

Compliance rules and regulations change quickly. For timely compliance updates, subscribe to Compliance Alliance’s email newsletters.

Compliance Alliance offers a comprehensive suite of compliance management solutions. To learn how to put them to work for your bank, call 888.353.3933 or email.


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Questions/Comments

Contact Alisa DeMers, SDBA, at 800. 726.7322 or via email.

House Members Nudge Agencies on Tailored Regulation

 
In a letter to the federal banking agencies Tuesday, a bipartisan group of 133 House members, including South Dakota Congresswoman Kristi Noem, asked what regulators are doing to tailor their rules to the diverse entities they supervise and to identify areas where they need additional legislative authority to tailor rules.

Led by Reps. Scott Tipton (R-Colo.) and David Scott (D-Ga.), the lawmakers emphasized that “the failure to effectively calibrate the regulatory response to match the level of risk posed by the institutions has had a real impact on the ability of institutions to serve their communities.” Tipton is the lead sponsor of the TAILOR Act, which would require regulators to take factors like asset size, business models and risk profiles into account when developing regulations.

The TAILOR Act, which recently cleared the House Financial Services Committee and is waiting for a floor vote, is a key part of ABA’s Agenda for America’s Hometown Banks. ABA and state association advocacy helped build support for Tuesday's bipartisan letter. Read the letter.


ABA's Rob Nichols to Host Webinar on 'Power Up' Initiative


ABA President and CEO Rob Nichols will host a webinar on Wednesday, April 6, at 1 p.m. CDT to give an overview of ABA’s new “Power Up” initiative. ABA encourages all bank CEOs to participate in the webinar to learn more about this important new initiative and how to get involved.

The “Power Up” program was created as a way to increase bankers’ clout and voice with policymakers. To “power up” banker advocacy, ABA is asking that all bank CEOs engage in grassroots leadership, join BankPac or a state association’s federal PAC and donate to the Fund for Economic Growth.

In a recent CEO email, Nichols highlighted the important role of grassroots action in building invaluable personal relationships with lawmakers. “All of these steps are aimed at dramatically expanding bankers’ participation in the political process and thereby increasing our political strength,” he wrote. Register for the webinar.


GAO Report: U.S. Regulatory Structure Complex, Fragmented


The U.S. financial regulatory structure could be streamlined to improve effectiveness, according to a report published Monday by the U.S. Government Accountability Office. The GAO said that overlap and fragmentation have led to inefficient regulatory processes, as well as inconsistencies in the oversight of similar institutions and in consumer protection. These inefficiencies are likely to be resolved only through congressional action, the report said.

Among other things, the GAO recommended that Congress work to streamline collaboration between the Financial Stability Oversight Council, the Treasury Department’s Office of Financial Research and the Federal Reserve with respect to the monitoring of systemic risk. Congress should consider legislative changes that would better align FSOC’s authorities with its mission, the GAO said.

Additionally, lawmakers should ensure that the Fed and OFR jointly articulate individual and common goals for their systemic risk monitoring activities; engage in collaborative practices in support of these goals; and share tools, assessments and results with the FSOC’s Systemic Risk Committee. Read the full report.


CardHub: Retailers Lag in EMV Adoption


Six months after the EMV card fraud liability shift, more than four in 10 retailers have not updated terminals in any of their stores, and an additional quarter of retailers have completed updates of less than half of their terminals, according to a survey by the website CardHub. Only about one-third of retailers have fully or nearly finished upgrading card terminals.

Even at retail chains that have experienced a card data breach in the past five years, 43 percent have not yet implemented the more secure EMV technology. According to CardHub, these stores include major retail names such as Costco, Kmart, Albertsons, Staples and Neiman Marcus.

However, many consumers continue to be unaware of the security benefits chip technology provides. More than half of respondents to a CardHub poll said they don’t care if store terminals are chip-enabled, and just 4 percent said it would be a decisive factor in whether they would shop there. Additionally, 12 percent of customers said a chip offers no additional protections over a magnetic stripe, and half of customers said they didn’t know which was safer. Six in 10 respondents said they had received a chip card in the past year.

ABA continues to offer materials to help bankers educate their customers on chip card use and security benefits, including a chip card infographic and talking points at aba.com/PRtools.


Learn About New CIP Rules on Prepaid Cards

 
Total Training Solutions has added a hot topic webinar to its May lineup. New rules have just been released for prepaid cards, so "Alert! New CIP Rules on Prepaid Cards" will be presented on May 23.

New customer identification program rules on prepaid cards came out through interagency guidance to clarify that a bank’s customer identification program (CIP) should apply to the cardholders of general purpose prepaid cards that have the features of an account and are issued by a bank.

This guidance states that a general purpose prepaid card should be treated as an account if it provides a bank’s customer with (1) the ability to reload funds or (2) access to credit or overdraft features. The guidance applies to these cards even if they are sold, distributed, promoted, or marketed by third-party program managers.

This program will review this new interagency guidance for financial institutions from start to finish. You'll also receive a sample policy change and sample procedures. Learn more and register for the webinar.


CFPB Prepaid Card Rules to be Delayed


The Consumer Financial Protection Bureau is expected to delay the release of its new rules for prepaid cards until later in the second quarter, Beltway publication Politico reported on Monday. According to sources, the rules -- which were expected to be finalized earlier this month -- will not be released until May or June.