People on the Move: Kathy Moe, FDIC San Francisco
The FDIC has appointed 30-year veteran Kathy Moe regional director for the San Francisco region.
Features
Mastercard Victorious in U.K. Interchange Lawsuit
Mastercard can put a notch in the win column after a High Court judge ruled in the payment card network’s favor regarding a lawsuit brought on by retailers disputing cross-border interchange fees on debit and credit cards.
U.K. Slaps Deutsche Bank with $200 Million Penalty over Money Laundering Case
The U.K.’s Financial Conduct Authority has fined Deutsche Bank £163 million (US$204.7 million) for failing to maintain adequate anti-money laundering controls between Jan. 1, 2012, and Dec. 31, 2015, according to Paybefore sister publication Banking Technology.
Trend Watch 2017: Payments Year in Review
Paybefore’s first-ever payments year-in-review report, sponsored by The Bancorp, is available now. Offering an in-depth look at key trends and the Top 10 payments stories from 2016 that will continue to shape the industry in 2017 and beyond, this must-have resource examines everything influencing the industry from the CFPB and Uber to Brexit and Trump and much more.
Fed Highlights Progress toward Faster, Safer Payments
A 2-year-old Federal Reserve plan to improve the speed, efficiency and security of the U.S. payments system has made significant strides toward those goals, but there’s more work to do, according to the Fed’s latest progress report on the initiative. First announced in a January 2015 document titled Strategies for Improving the U.S. Payment System, the plan includes several strategies to enhance the U.S. payment system to “meet the changing demands of American consumers and businesses.”
Five mistakes to avoid when starting a fintech company
Francisco Lorca, MD of Startupbootcamp FinTech London, a UK-based accelerator, highlights the pitfalls of starting a fintech firm, drawing on his extensive 17-year experience in finance and entrepreneurship.
TSYS Talks FTC Negotiations, NetSpend’s New Products
TSYS-owned NetSpend is negotiating with the Federal Trade Commission over the agency’s allegations that the prepaid provider deceived cardholders and denied or delayed their access to funds, TSYS Chairman and CEO Troy Woods told analysts this week in a fourth-quarter earnings call. TSYS also announced that NetSpend is working on diversification, including the launch of a demand deposit account later this year.
White House Reg Freeze Raises Questions for CFPB, Prepaid Industry
Prepaid providers—along with P2P and mobile wallet providers that fall under the CFPB’s final prepaid accounts rule—might have cheered to learn that President Donald J. Trump issued a freeze on forthcoming regulations on Jan. 20. Further examination of the White House memo detailing the freeze, however, suggests that it may not delay the Oct. 1 effective date for the final rule on prepaid accounts. But, it’s implications for the CFPB and some of its other regulations are unclear.
Innovators’ Spotlight: ClassWallet
As companies fight for wallet share, ClassWallet’s focus on bringing efficiency to K-12 education expense management has helped the startup launch a successful digital wallet, prepaid card and online marketplace that could be a springboard to other niche markets.
Western Union Settles with DOJ, FTC on Fraud and Money Laundering Violations
Western Union will pay $586 million in customer refunds and beef up its money laundering and fraud protections. after admitting to criminally violating the U.S. Bank Secrecy Act and federal anti-fraud regulations, according to the U.S. Department of Justice. The settlement also involves the Federal Trade Commission and covers conduct that took place between 2004 and 2012.
Money rolls
Our new series of thrillers – produced and directed by CustomerXPs and Banking Technology – narrate the tales of the fight between the forces of good (the Clari5 analytics and anti-fraud software) and the forces of evil. Based on real events and guaranteed to keep you on the edge of your seat!
Texas Republican Meets with Trump for CFPB’s Top Job
A Texas Republican under consideration to lead the CFPB met with President-elect Donald Trump last week, Trump Spokesman Sean Spicer confirmed on a Jan. 12 call with reporters, according to The Huffington Post. Former U.S. Rep. Randy Neugebauer, a long-time critic of the bureau and a proponent of repealing the Durbin Amendment and other aspects of Dodd-Frank, could please financial services providers, while putting retailers on edge.
Want Consumers to Spend More? Make Sure They Have Gift Cards.
Gift cards are very good for business, and getting better: 75 percent of U.S. consumers using the payment devices in 2016 spent more during their shopping trips than the value stored on those cards, according to a First Data study. That compares with 69 percent in 2015. The average extra spending stands at $27.74 more than the value of the card, the report said.
Trade Group Report Offers Post-Brexit Licensing Guidance
With last year’s Brexit decision casting uncertainty on U.K.-based e-money passporting, the Emerging Payments Association (EPA) has released a new report recommending the best options for U.K.-licensed fintech and financial services companies in danger of losing their European Union passporting rights following the U.K.’s exit from the EU.
White House Unveils Fintech Framework for U.S.
Following the OCC’s plans for a special fintech bank charter, which has state regulators and a few Democratic senators up in arms, the National Economic Council (NEC) of the U.S., part of the Office of White House Policy, has published a whitepaper, “A Framework for Fintech,” reports Paybefore’s sister publication Banking Tech.
U.S. Supreme Court Hears Credit Card Surcharge Case
Credit card surcharges came before the U.S. Supreme Court on Jan. 10, in a case that concerns how much freedom retailers have in telling consumers they are being charged extra for the payment method. Comments from justices suggested that the Supreme Court might send the case back to New York for further review, though it was unclear when a decision would be announced, according to news reports.
House Financial Services Committee Names New Members, Leadership
The newly seated 115th U.S. Congress includes several new faces on one of the most important committees for financial services regulation. House Financial Services Committee Chairman Jeb Hensarling (R-Texas) announced 10 new Republican members who will serve on the committee for the new Congress.
Democratic Senators Oppose OCC Fintech Proposal
A skirmish over the future of U.S. fintech is underway in the new U.S. Senate, with two Democratic senators this week saying a new federal charter governing the industry “could weaken consumer protections, limit competition and threaten financial stability.”
CFPB Fills Leadership Roles amid Uncertain Future
Ahead of what could be some big changes for the CFPB during the incoming Trump administration, the agency has announced new appointments to several leadership positions.
CFPB Keeps Focus on Disclosures, Deceptive Marketing with Latest Enforcement
The CFPB’s emphasis on fee disclosures and marketing practices was highlighted in a major way this week, as the bureau levied a $23.1 million enforcement action against credit reporting agencies Equifax and TransUnion over allegedly misstating the cost and usefulness of their products and “luring” customers into recurring payments. Although targeted at credit bureaus, the enforcement action offers key takeaways for payments providers shaping their own compliance efforts to stay out of the CFPB’s cross hairs, according to industry observers.
U.K. Competition Authority Raises a Concern about Mastercard/VocaLink Deal
The U.K. Competition and Markets Authority (CMA) is worried that Mastercard’s billion-dollar deal to acquire VocaLink could hinder competition, and the CMA is giving the two companies until Jan. 11 to address a concern or face an “in-depth investigation,” according to the authority.
Prepaid Complaints Drop 59 Percent, CFPB Reports
Complaints about prepaid products dropped 59 percent from September through November in 2016 compared with the same period the previous year, according to the latest CFPB Monthly Complaint Report. That drop, to 183 complaints on average per month, represents the largest percentage decrease in complaints among all the products tracked by the federal agency, and comes as the CFPB in its new report focuses on debt collection.
Plan Would Require Declaration of Prepaid Cards Shipped into EU
A proposed plan by the European Commission (EC) to combat terrorism financing would require customs declarations for prepaid cards sent in postal parcels or freight shipments into or out of the EU. Currently, cards sent or shipped across EU borders are not covered by the standard customs declaration requirement. Coming in the wake of a truck attack in Berlin that left 12 people dead and dozens wounded, the proposal is part of the EC’s action plan against terrorist financing, an initiative unveiled in February 2016, designed to help EU nations cut off the supply of funding for terrorist activity.
Digital Payment Growth in India Brings Initial Headaches
While digital payments providers have enjoyed significant boosts in transaction volume—some as much as triple-digits—since the government banned two popular currency notes, the uptick in digital payments also has led to online traffic jams and fraud, according to several news outlets.
Study: Mobile Payments to Reach $410.5 Billion by 2020 as M-Wallets Flood Market
A plethora of mobile wallets and payment apps are expected to flood the market in the next two years, and the sheer number of choices are likely to “confuse” many consumers, who ultimately might look to their financial institutions to be their mobile wallet provider, according to a recent report by Javelin Strategy & Research.
A sea of penguins
I am blind as a bat, and there are times when it’s an advantage to be blind, or deaf, or even dumb to certain insults, certain situations, certain obstacles. Clearly it’s a double-edged sword because being deaf, dumb, and blind to impediments, pitfalls, and danger zones is just asking for disaster.
CFPB Takes Aim at Accounts Marketed to College Students
Five months after Department of Education rules regulating financial aid disbursements went into effect, the CFPB released a report on Dec. 14 claiming that marketing deals between banks and colleges often promote financial products that lead to high overdraft and other fees. Meanwhile, industry observers note that overdraft—when permitted—requires students to opt-in and there are other ways to avoid fees.
Grinch Comes to N.Y.: Gift Certificate Law Could Push Some Prepaid Cards from Market
A New York State law setting fee and expiration date restrictions on “gift certificates” could spell big trouble for providers of several types of open-loop prepaid products in the state, and may even render certain types of products impossible to offer in New York, according to industry experts.
President Obama Signs Health Care Law, Opens Doors for Standalone HRAs
President Obama signed a health care bill into law on Dec. 13 after the U.S. Senate—despite its lame-duck status—overwhelmingly approved legislation that’s been called the largest health care reform since the Affordable Care Act.
Retailers ask Supreme Court to Reconsider Second Circuit’s Rejection of Interchange Fee Settlement
On Dec. 1, retailers involved in long-standing litigation against Visa and Mastercard asked the Supreme Court to reconsider a landmark $7.25 billion settlement that was rejected by the Second Circuit Court of Appeals earlier this year.
Judge Tosses out Shareholder Suit Related to Home Depot Breach
Home Depot has scored a victory in the legal fight that followed the retail chain’s 2014 data breach. The retailer’s investors cannot sue its board of directors via a shareholder derivative suit, ruled a federal judge in Georgia, the home state of the chain.
EBA’s Proposed Guidelines Call for 2-Hour Notice of Data Breach
The European Banking Authority working with the European Central Bank has released a consultation paper on guidelines for payment service providers to follow in the event of security breaches. Among the suggested mandates is notifying authorities of an incident within two hours from the moment the breach is detected—that’s significantly faster than the breach notification requirements set to go into force next year, which mandate notice within 72 hours and applies to some U.S. companies.
Inside job
Our new series of thrillers – produced and directed by CustomerXPs and Banking Technology – narrate the tales of the fight between the forces of good (the Clari5 analytics and anti-fraud software) and the forces of evil. Based on real events and guaranteed to keep you on the edge of your seat!
U.K. Regulator Proposals Take Aim at Competition Barriers to Payments Infrastructure
The U.K.’s Payments Systems Regulator (PSR) plans a sea change to the U.K. payments system after determining an inability for new payments infrastructure projects to compete as alternatives to the three interbank payment systems, Bacs, Faster Payments Service (FPS) and LINK.
Russia Says Cybercriminals Stole $31 Million from Central Bank
Cybercriminals have stolen about $31 million from Russian Central Bank accounts, according to a Reuters report. The hackers broke into bank accounts after faking a client’s credentials, a bank spokesman said at a briefing, disclosing few other details. In a separate instance, Russia had recently warned about a plot by foreign countries to wage cyberattacks on its financial institutions.
OCC Encourages Fintech Companies to Apply for Federal Banking Charters
Fintech companies seeking charters would have to fulfill multiple requirements under the proposal, including performing core banking services.
How to get the magic back into our relationship with banks
As with any long-term human relationship, our relationship with banks is complicated. There’s a sense of co-dependence, transgressions that shake our trust, the occasional fleeting thought of escape. How to reignite the magic spark between a bank and its customer?
CFPB Warns Banks about Deceptive Sales Practices
Incentives that banks offer employees to increase sales can pose “significant” risks to consumers, the CFPB warned this week in a new bulletin following record fines assessed to Wells Fargo for opening millions of unauthorized consumer accounts.
Apple Wins Mobile Wallet Victory in Australia
Apple has scored a big win in Australia for the company’s mobile wallet. That country’s competition regulator has denied a request by big local banks to collectively negotiate over the introduction of Apple Pay there.
Prepaid International Forum Argues against European Plan for Online Authentication
The European Banking Authority in January is set to release its online transaction rules in response to the revised Payment Services Directive, or PSD2, which calls for “strong customer authentication” for online payments. Visa also opposes the measure.
