ABC picks up NAFCU interchange concern

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The following post is a re-print from the National Association of Federal Credit Unions.   NAFCU is a respected and influential trade association that exclusively represents the interests of federal credit unions before the federal government and the public. NAFCU provides its members with representation, information, education, and assistance to meet the challenges that cooperative financial institutions face in today’s economic environment. The association stands as a national forum for the federal credit union community where new ideas, issues, concerns and trends can be identified, discussed, resolved.

Dec. 21, 2010 – Concerns lodged by NAFCU over the negative impact on consumers, credit unions and other small institutions of the Federal Reserve Board’s debit interchange proposal continued to make news over the weekend.

ABC News ran a story online that pointed to retailers’ positive reviews of the rule, which would essentially result in a fee cap of 12 cents per debit card transaction. However, it also points to comments from NAFCU and other financial industry trades that this is an effective 85 percent cut in interchange fee income for debit card issuers, which “will negatively impact not just large card processors like Visa and MasterCard, but consumers as well.”

The debit interchange proposal is being issued under a requirement of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The law requires the Fed to come up with a debit interchange fee that is “reasonable and proportional to the issuer’s cost.”

The law exempts institutions with less than $10 billion in assets from the Fed’s interchange fee limit – whatever that turns out to be – but NAFCU believes the market will eventually enforce that limit on all providers.

House Financial Services Chairman Barney Frank, D-Mass., one of the lawmakers for whom the reform package is named, said the Fed’s proposal comes up short. Frank expressed concern that whatever savings are achieved will not be passed on to the consumer.

“Unfortunately the evidence we’ve seen elsewhere is that consumers don’t get any benefit,” he was quoted saying in news reports.

Frank has also expressed concerns the limit will hurt small banks even though they are technically exempt from that provision of the law.

Frank has written the Fed urging that small institutions and consumers not be adversely affected by the Fed’s debit interchange rule. Fifteen senators took similar action in the days prior to that, and Sen. Claire McCaskill, D-Mo., who voted against including the interchange language in Dodd-Frank, followed up with her own letter on Friday.

McCaskill noted specific concerns that the instructions provided in the law explicitly bar the Fed from considering overhead costs in setting debit interchange fees, in effect preventing debit card issuers from recouping the full costs of offering cards to consumers.

“[T]here are other ways of addressing disputes over interchange fees,” she stated. “Potential solutions could emphasize transparency and consumer choice, rather than setting interchange rates directly.”

Finalized-FDIC Overdraft Guidance

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The FDIC guidance “reaffirms” a best practices document that was issued in 2005, and it creates specific risk-mitigation techniques that it expects regulated banks to implement.   The FDIC guidance does not apply to credit unions, however, with that said this guidance opens the door for others.
Herein are some specific risk-mitigation techniques:

  • Your board must be involved with its ODP program.  Expected; is regular oversight including an annual board review of an ODP program’s key features.
  • Reviewing ODP advertising to minimize confusion and to promote responsible use.
  • Monitor programs for excessive or chronic customeruse.  What is abuse? When a customer overdraws the account on more than six occasions where a fee is charged in a rolling twelve-month period.  If and when that occurs, the bank must undertake “meaningful and effective” follow-up action, which may include, for example:
    • Contacting the customer to discuss less costly alternatives; and
    • Giving the customer a reasonable opportunity to decide whether to continue fee-based ODP coverage or choose another available alternative.
  • Instituting appropriate daily limits on customer costs by, as an example, limiting the number of transactions that will be subject to a fee or providing a dollar limit on the total fees that will be imposed per day.
  • Considering the elimination of overdraft fees for transactions that overdraw an account by a small amount.
  • Considering the use of cost effective, existing technology, as appropriate (e.g., text message, e-mail, telephone or cell phone) to alert customers when their account balance is at risk of generating a fee for non-sufficient funds.
  • Reviewing check-clearing procedures and any third-party vendor to ensure they operate in a manner that avoids maximizing customer overdrafts and related fees through the clearing order.

The FDIC expects affected institutions to have their new risk-mitigation techniques in place by July 1, 2011.

The guidance will create downward pressure on bank ODP revenue streams.

If your credit union earns income from an ODP program, that income is now at risk.  How much is at risk is yet to be determined, but one may want to consider the following.

  • How much ODP income do you receive from smaller transactions. If the small dollar amount transaction cutoff for fees take effect, ODP fees from those transactions could go away.   What is the impact?
  • How much ODP income do you earn from consumers who are charged more than 6 ODP fees in any 12-month rolling period? If this applied to you, you’d have to reach out to them and show them alternatives. Let’s say only 10% of those consumers opted out of your ODP program. How much money would that be?
  • Do you clear items from largest to smallest in terms of dollar amount?  If you had to clear items based on the order received or by check number, how might that affect your income?
  • Imagine you implemented a daily limit of $25 or $50 for ODP programs.  How would that have affected your income in 2011?

Credit unions are member-centric organizations.  It is recommended those credit unions with an ODP program begin to  develop and deploy several of the risk-mitigation techniques above if they already have not.  That said, it is widely anticipated many executives will be revisiting this area once again.

Merger Partner Registry

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Letters to Credit Union 10-CU-22 issued this month is for those credit unions interested in expanding their field of membership (FOM) by merging with another credit union.  Interested credit unions can now let the NCUA know by signing up for the new Merger Partner Registry.

According to 10-CU-22, the registry does not change the process for voluntary mergers between healthy credit unions.  Voluntary mergers may continue to take place without regulatory intervention.

The Registry does apply to two types of transactions in which healthy credit unions can acquire another credit union’s field of membership:

1)    Assisted merger of a troubled credit union, or;

2)    Purchase and assumption (P&A) of a liquidated credit union.

NYS Foreclosure Actions on Home Mortgages

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I recently attended a conference consisting of attendees from credit unions around New York State.  Many, were unaware, that on December 15, 2009, New York State Governor Paterson signed legislation allowing a larger population of distressed homeowners to benefit from consumer protection laws and foreclosure prevention opportunities previously available only
to borrowers of “high-cost,” “sub-prime” and “non-traditional” home loans; establish certain requirements for plaintiffs in foreclosure actions to maintain the foreclosed property; establish protections for tenants residing in foreclosed properties; and strengthen certain consumer protections to prevent distressed homeowners from falling prey to rescue scams.

New York is now the slowest state in the country at processing foreclosures; the average New York homeowner in foreclosure is 600 days behind on their loan, according to data from Lender Processing Services.

Contact me to discuss how the provisions of this legislation will impact credit unions and how to comply while managing the costs associated with these non-performing assets.

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