(please click ad for more information)

Current News

Relevant Information—For You, By You

UPDATE: FEES, JURISDICTION, WAGES
updated 07/10/14 10:49 AM
Latest Legal News for CUs
In NACS v. Federal Reserve System, Case No. 13-5270 (D.C. Circuit; March 21, 2014), the Court of Appeals for the D.C. Circuit upheld the Federal Reserve’s rules imposing a 21-cent-per-transaction cap (plus an adjustment of 5 basis points of transaction value) on debit-card swipe fees.

It also upheld the Fed’s requirement that at least two networks owned and operated by different companies be able to process transactions on each debit card (12 C.F.R. Part 235). Merchant trade associations challenged the rules, arguing the Fed did not correctly interpret the statute, and the rules did not go far enough.

In reversing the district court’s grant of summary judgment in favor of the merchant groups, the court of appeals determined the Fed’s rules were based upon reasonable constructions of the statute.

The rules arose from the so-called Durbin Amendment to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (15 U.S.C. §1693o-2). It amends the Electronic Funds Transfer Act to require that interchange fees are “reasonable and proportional” to issuer costs in connection with the transaction.

It requires the Fed’s board to consider incremental costs incurred by the issuer for its role in the authorization, clearance, or settlement of a debit transaction (“ACS costs”), but not other costs incurred not specific to a particular transaction. It also permits the board to allow for certain fraud prevention costs.

Additionally, the Durbin Amendment requires the Fed to establish standards for determining whether these requirements are met.

The merchant groups argued the Fed was permitted to consider only incremental ACS costs in setting the interchange fee, and the district court agreed. However, the court of appeals concluded the statute provided the Fed with greater discretion. Notwithstanding, it remanded the treatment of transaction monitoring costs back to the Fed to provide further explanation.

Click here to read the entire Legal column within the June/July edition of Credit Union Digest on Page 17, including commentary on questions of federal jurisdiction, as well as the latest California minimum wage requirements.

 
print   email   share   share   share

NV FIELD OF MEMBERSHIP SUPPORT updated 02/11/16 02:24 PM
Rep. Joe Heck Supports FOM Rule
As reported earlier today in the California and Nevada Credit Union Leagues Advocacy Blog, Congressman Joe Heck (R- Henderson) just submitted a support letter for the field of membership rule. Rep. Heck becomes the first Nevada Member of Congress and first outside of California to submit a support letter.

CO-OP MIRACLE MATCH SHATTERS RECORD updated 02/11/16 01:22 PM
$4.3M Raised for CMN in 2015
More than 200 credit unions participating in the CO-OP Miracle Match program during 2015 netted $4.3 million for Children’s Miracle Network Hospitals, a 39 percent increase compared to the previous record set in 2014.

A DECISION ON CHOICE updated 02/09/16 11:30 AM
CA and NV Leagues Vote
On Feb. 8, the boards from the California and Nevada Credit Union Leagues voted to approve membership choice, to be implemented in 2017 in conjunction with the dues cycle.

FEDERAL ADVOCACY DEVELOPMENTS updated 02/09/16 09:12 AM
FOM Rule and District Meetings
As recently reported in the California and Nevada Credit Union League's Advocacy Blog, two developments have recently occurred on the federal side of advocacy.

REP. LINDA SANCHEZ' LETTER TO NCUA updated 02/09/16 08:55 AM
Support for FOM Rule
As reported in the California and Nevada Credit Union League's Advocacy Blog, California Rep. Linda Sanchez (D- Norwalk), a member of the House Committee on Ways and Means (which governs the credit union tax status) and Chair of the Congressional Hispanic Caucus, submitted a letter to the NCUA in support of the field of membership rule. Rep. Sanchez states in her letter, "with a large Latino constituency that is comprised of many unbanked consumers, this rule is a positive step toward addressing this issue."

CA ASSEMBLY BANKING CHAIR SPEAKS updated 02/08/16 09:50 AM
So. Cal Leaders Meet with Dababneh
As reported in the California and Nevada Credit Union League's Advocacy Blog, Southern California credit union leaders met with Assemblymember Matt Dababneh (D-Encino) last Friday at Wescom Credit Union.

THINK 16 CONFERENCE SPEAKERS updated 02/04/16 09:19 AM
May 3-6 in San Diego
CO-OP Financial Services has announced eight featured speakers for THINK 16, focusing on leading social, consumer and technology trends to help credit unions re-envision what “People Helping People” means in 2016 and beyond.

FIELD OF MEMBERSHIP (FOM) RULE updated 02/04/16 09:12 AM
More Congressional Action
As reported yesterday in the California and Nevada Credit Union League's Advocacy Blog, Rep. Doug LaMalfa (R-Chico) has sent the attached support letter to the NCUA for their Field of Membership rule.

ONLY 7 DAYS TO COMMENT ON PROPOSAL updated 02/02/16 07:04 AM
NCUA's Field-of-Membership Rule
The countdown is on as the Feb. 8 (Monday) deadline approaches for federal and state chartered credit union leaders to submit comments supporting the National Credit Union Administration’s (NCUA) Field-of-Membership (FOM) proposal.

CEOs SOUND OFF ON NCUA'S PROPOSAL updated 02/01/16 03:36 PM
Urge Peers to Comment on FOM
California credit union CEOs are sounding off as the deadline approaches (Feb. 8) to comment on the National Credit Union Administration’s Field-of-Membership (FOM) proposal—one that will update rules to reflect marketplace changes and give the industry a broader menu of flexible options for remaining competitive.

UNCLAIMED PROPERTY AND 'PACE' REFORM updated 02/01/16 01:47 PM
Rounding Out CA Legislative Goals
Threats to credit unions are already being spotted on the horizon by the California Credit Union League’s advocacy team as the state legislature’s Feb. 19 deadline to introduce new legislation looms.

ANNUAL PRIVACY NOTICES updated 01/29/16 11:47 AM
Federal-No; State-Maybe
As reported in the League's Advocacy Blog, after the release of the NCUA Letter to Credit Unions, #16-CU-03, about privacy notices, the California and Nevada Credit Union Leagues took action to clarify applicability to state laws. The NCUA letter addressed the recent federal law change on annual privacy notices related to Gramm-Leach-Bliley that states that when a financial institution meets certain statutory requirements, it no longer must send annual privacy notices.

CU LEADERS MEET WITH LEGISLATOR updated 01/29/16 05:09 PM
Asm. Kim Tours Credit Union
As reported earlier today in the California and Nevada Credit Union League's Advocacy Blog, Southern California credit union leaders met with Assemblywoman Young Kim (R-Fullerton).

CU LEADERS MEET WITH ASSEMBLY MEMBER updated 01/28/16 01:47 PM
Portantino Running for Senate
As recently reported in the Leagues Advocacy Blog, credit union leaders met with former member of the Assembly, Anthony Portantino, who served from 2006 until being termed out in 2012. Prior to his time in office, he spent many years working in film and television production and is currently is a Visiting Fellow teaching Values Based Political Leadership at USC.

COMMENTS NEEDED: NCUA'S FOM PROPOSAL updated 01/26/16 10:06 AM
Deadline is February 8
With less than two weeks until the comment deadline of Feb. 8, it is crucial the National Credit Union Administration (NCUA) hear from credit unions in support of the proposed chartering and field-of-membership (FOM) amendments.

LEAGUE'S 2016 CA LEGISLATIVE AGENDA updated 01/26/16 09:10 AM
Charter Modernization, CUSOs, LICU
The final year of the two-year state legislative session (2015-2016) in California is here, and the California Credit Union League’s advocacy team is primed to roll out a robust legislative package.

ANAHEIM DUCKS HONOR RICHARD JOHNSON updated 01/21/16 03:09 PM
Recognized For Military Career
Before Richard Myles Johnson was a credit union industry icon, he was a Marine. He joined the U.S. Marine Corps in 1941. He ended his military career as a colonel in 1972. Along the way, he amassed a vast number of ranks, honors, and awards, including the Bronze Star and Purple Heart.

FINANCIAL OPPORTUNITY: TWO TALES updated 01/19/16 10:40 AM
CUs Can Take Pulse of Econ. Mobility
As financial “opportunity” for low and middle-income Americans is debated leading up to a national election this November, many within the credit union industry can take a pulse of their members’ financial health and how economic changes are shaping that opportunity.

ROYCE HELPS FORM COOPERATIVE CAUCUS updated 01/19/16 07:18 AM
Business CO-OP: Focus on Legislation
Last week Rep. Ed Royce, R-CA (Brea), joined Rep. Mark Pocan, D-WI, to found the Congressional Cooperative Business Caucus. With Royce’s dedication and expertise in credit unions, it comes as no surprise he is chairing a new caucus to focus on legislation that impacts cooperative businesses.

FIELD OF MEMBERSHIP RULE updated 01/13/16 10:53 AM
CA Congressman Gives Support
California Congressman Ted Lieu (D-El Segundo) has just sent the NCUA a support letter in favor of their Field of Membership Rule. In his letter, Rep. Lieu endorses for several of the provisions in the rule (letter linked below).The League has been working with our congressional delegation to ensure there is overwhelming support for this rule.

RMJ TO BE HONORED AT HOCKEY GAME updated 01/13/16 01:59 PM
Recognized as Armed Services Vet
Richard Myles Johnson— who joined the credit union movement after finishing a 30-year career in the United States Marine Corps, where he retired as a colonel—is scheduled to be recognized as the honored armed services veteran by the Anaheim Ducks hockey team at its home game Wednesday, Jan. 20.

FHLB MEMBERSHIP updated 01/12/16 12:51 PM
Final Rule Issued
Today the Federal Housing Finance Agency (FHFA) issued their final rule on Federal Home Loan Bank (FHLB) membership. After receiving over 1,300 comment letters—an unprecedented amount, with most in opposition—the FHFA’s final rule does not include two provisions for which the Leagues strongly opposed. That is, the final rule does not require financial institutions to hold one percent of their assets in home mortgage loans and 10% of assets in residential mortgage loans (RML) on an ongoing basis.

TARGET SETTLEMENT DETAILS updated 01/12/16 10:34 AM
Available on New Website
Credit unions have begun receiving email and paper mail directing them to a dedicated website that offers information on the Target data breach litigation, including settlement terms, important dates, frequently asked questions, information on filing a claim, directions for opting out, court and settlement documents, and contact information.

CO-OP CEO STAN HOLLEN TO RETIRE updated 01/12/16 09:39 AM
More Than 10 Years at CUSO
In a landmark moment for the nation’s largest credit union service organization, CO-OP Financial Services (based in Rancho Cucamonga, CA) announced this morning that President and CEO Stan Hollen will retire on May 31, 2016.