Page 10 - GS170401
P. 10

News



        CFPB offers more time for                               rely on prepaid accounts). "Innovation in prepaid products
                                                                and services address the financial needs of our nation's
        prepaid compliance                                      most vulnerable, and the CFPB's rule will limit consumer
                                                                access to such tools," said Scott Talbott, the ETA's Senior
                                                                Vice President for Government Affairs.

                 he Consumer Financial Protection Bureau is     Lawmakers on both sides of the political aisle have
                 considering an extension of the effective date   introduced congressional resolutions that would deep-six
                 for new consumer protection rules covering     the pending rule. The action results from a 1980s-era law
        T prepaid debit card accounts. The controversial        that allows Congress to override federal agency rulemaking
        rules – which some in Congress have threatened to roll   with majority votes in the House and Senate, along with
        back legislatively – are set to take effect Oct. 1, 2017. But in   presidential approval.
        a request for comment issued on March 9, the CFPB offered
        to extend the deadline for compliance to April 1, 2018.  Changes in the works?

        The CFPB said in a statement the proposed deadline      In its March 9 statement, the CFPB said it has no plans
        extension was prompted by pleas from prepaid card       to change the controversial prepaid account rule. In an
        companies that were having problems making necessary    apparent nod to its detractors, however, the consumer
        changes to systems, processes and forms in time for the   watchdog agency did request comments on "any
        new rules. In a blog post on the CFPB's latest action, the   implementation challenges" posed by the new rules. "If
        law firm Ballard Spahr LLP noted that several prepaid   we determine that any substantive changes to the prepaid
        companies were especially challenged by requirements    accounts rule are necessary and appropriate, we will issue
        that they "pull and replace" noncompliant card packaging   a separate proposal and provide the public an opportunity
        from retail locations by October 1.                     to comment on those changes before finalizing," the bureau
                                                                stated.
        "We believe that delaying the effective date by six months
        will be sufficient for industry participants to ensure they   Alan Kaplinsky, Partner at Ballard Spahr and leader of
        can comply with the rule," the bureau said in a statement.  the firm's consumer financial services group, suggested
                                                                changes could be in the offing if prepaid companies
        Diverging views                                         can make a case for them. At a January 2017 American
                                                                Bar Association meeting to discuss consumer financial
        Not everyone agrees. "Although the proposal to delay the   services, CFPB officials left open the door to future changes
        prepaid accounts rule is a move in the right direction,   in response to problems or issues that arise as a result of its
        NAFCU has stressed to the CFPB on several occasions that   implementation, Kaplinsky noted in a recent blog post.
        they should have adopted an extended implementation
        timeline from the outset," Carrie Hunt, Executive Vice
        at the National Association of Federally-Insured Credit  SEAA 2017 energizes base
        President of Government Affairs and General Counsel
        Unions, wrote in response to the proposed extension.
                                                                          pproximately  650  attendees  joined  100  exhibi-
        The  pending  CFPB  prepaid  rule  creates  new  consumer         tors at Le Meridien Hotel in Charlotte, N.C.,
        protections under federal Regulations E (EFT) and Z               May 10 to 12, 2017, for the 17th annual Southeast
        (truth-in-lending) for an array of prepaid debit accounts –  A Acquirers Association's conference. The grow-
        from reloadable cards that are sold through retailers and   ing mid-Atlantic city, home to NASCAR and nicknamed
        financial institutions to mobile wallets. They have been   the  "International  Gateway to  the  South," provided  a fit-
        panned by many affected parties and lawmakers.          ting backdrop for the not-for-profit regional association's
                                                                eclectic mix of keynote addresses, educational sessions and
        However, at least one leading prepaid company, Green    networking events. Established in 2000, the SEAA has pro-
        Dot Corp., has gone on record in support of the rule. Steve   vided education, training and networking to the industry's
        Streit, Green Dot's founder and Chief Executive Officer,   feet  on  the  street  and  other  key  players  in  the  acquiring
        noted in a 2016 statement that the rule mirrors closely   community.
        existing Green Dot practices related to prepaid accounts.
        "It's gratifying to know that prepaid can now move to a   "We exhibited at SEAA and it was a full house," said Barry
        level playing field that can better serve consumers while   Davis, Vice President of Business Development at Womply.
        allowing the entire industry to move past the period of   "We had a constant stream of people at our booth and found
        regulatory uncertainty," he said.                       it to be a well-attended show with a diversified agenda."
                                                                Test Track 17
        The Electronic Transactions Association  described the
        CFPB's prepaid account rule as "regulatory overreach." It   Davis represented Womply in a breakout session and Test-
        stated the rule will most negatively impact the financially   Track2017, a NASCAR-themed competition for technology
        underserved (unbanked and underbanked Americans who     startups. Each finalist had 8 minutes to present his or her

        10
   5   6   7   8   9   10   11   12   13   14   15