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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.

 
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CHAPTER FORUM, RECEPTION ENGAGES CUs updated 10/27/14 06:55 PM
Networking and Awards after 'REACH'
Credit union chapter members from across California and Nevada gathered Oct. 23 at the JW Marriott (L.A. Live) in downtown Los Angeles to attend the 2014 Chapter Forum, which offered a full day of valuable networking and educational sessions for attendees who were eager to share individual stories about the work their chapters are accomplishing.

NEEN JAMES CHALLENGES CUs AT 'REACH' updated 10/27/14 04:17 PM
'Time is the New Currency'
By Wednesday afternoon, nearly 700 credit union CEOs, professionals, industry vendors, and guests had attended REACH 2014, the California and Nevada Credit Union Leagues’ Annual Meeting and Convention from Oct. 20-22 at the JW Marriott (L.A. LIVE) in downtown Los Angeles.

CFPB, FTC HOST DEBT COLLECTION FORUM updated 10/27/14 03:31 PM
Latino Consumers Discussed
The Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) recently hosted an all-day forum on “Debt Collection and the Latino Community,” which brought together consumer advocates, industry professionals, and regulators to discuss how debt collection issues affect Latino consumers, especially those with limited English proficiency (LEP).

FinCEN: QUARTERLY UPDATE ON 'SARs' updated 10/27/14 03:09 PM
Also, Mortgage Service Transfer Guidance
The Financial Crimes Enforcement Network (FinCEN) has issued its SAR Stats quarterly update, which provides information on Suspicious Activity Reports (SARs) filed through Sept. 30, 2014.