Thursday, December 3, 2020

CFPB Issues Guidance to Help Banks Avoid Charging Illegal Junk Fees on Deposit Accounts

With this in mind, here is what we think a more open and competitive market could look like. Regulation of the financial services industry has a bad name, and rightfully so. Today, I want to start off by talking a bit about the CFPB’s new approach to regulation.

These overdraft fees occur when a bank displays that a customer has sufficient available funds to complete a debit card purchase at the time of the transaction, but the consumer is later charged an overdraft fee. Often, the financial institution relies on complex back-office practices to justify charging the fee. For instance, after the bank allows one debit card transaction when there is sufficient money in the account, it nonetheless charges a fee on that transaction later because of intervening transactions. Overdraft and depositor fees likely violate the Consumer Financial Protection Act prohibition on unfair practices when consumers cannot reasonably avoid them. Today’s Consumer Financial Protection Circular on surprise overdraft fees and the CFPB’s compliance bulletin on surprise depositor fees lay out when a financial institution’s back-end penalties likely break the law. Gordon Brent Ingram said in a phone interview that Rossmore Enterprises, a subsidiary of Reliance Holdings, has been evicting artists from 321 Railway Street, also known as Railtown Studios....

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However, such methods are not secure, and they are likely not sustainable, especially as data security standards potentially evolve to a point that such activities may become blocked. For example, even when large institutions that share personal data with their customers use APIs, there is no guarantee those institutions don’t play games on availability, latency, and critical data points, like price. These and other successful examples of regulation that decentralize market power are guiding our financial data rights rulemaking.

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Microsoft has seen success with Xbox Game Pass, and it has made it clear it wants to bring Activision games to the service. Regulators are now weighing how this would impact competition. However, the CMA has barely discussed the potential for Microsoft’s entrance into mobile gaming as part of its investigation and is instead largely focusing on console gaming, which Microsoft argues is an increasingly smaller part of the overall market. In a graph posted at Microsoft’s Activision Blizzard acquisition site, the company depicts the entire gaming market as worth $165 billion in 2020, with consoles making up $33 billion , PCs at $40 billion , and mobile gaming at $85 billion . And, as for companies looking to draw in new customers – when consumers authorize transfers of their personal financial data, new providers will be able to treat them as if they have been long-time customers.

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Democratic candidates are preferred by a 26-point margin in Democratic-held districts, while Republican candidates are preferred by a 23-point margin in Republican-held districts. In the ten competitive California districts as defined by the Cook Political Report, the Democratic candidate is preferred by a 22-point margin (54% to 32%). City elections in 1989 brought the first and only "balanced" rent stabilization board in Berkeley's history. Likewise, nascent firms would be able to use data permissioned by consumers to improve upon and customize, to provide greater access, and to develop products and services. Under the current regime, nascent firms often find themselves in the position of needing to curry favor with big market players. Specifically, we expect that the public will gain more bargaining leverage once data holding companies must share authorized consumer data with authorized third parties.

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The UK regulator signaled an in-depth review of Microsoft’s $68.7 billion deal to acquire Activision Blizzard last month, and the CMA has now published its full 76-page report on its findings. The CMA says it has concerns that Microsoft’s Activision Blizzard deal could lessen competition in game consoles, subscriptions, and cloud gaming, but Microsoft thinks the regulator has simply been listening to Sony’s lawyers too much. Mark Baldassare is president and CEO of the Public Policy Institute of California, where he holds the Arjay and Frances Fearing Miller Chair in Public Policy.

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A competitive market would also lead to unbundling where companies compete on individual products, rather than relying on captive customers or cross-selling scams. When markets aren’t competitive, we feel that we need to buy additional services from a provider we already worked with. But with more seamless integration, this will give us all more choice. People would feel secure knowing that both the data holder and the data receiver follow secure practices.

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After a household was reached, an adult respondent was randomly chosen for interviewing using the “last birthday method” to avoid biases in age and gender. Findings in this report are based on a survey of 1,715 California adult residents, including 1,263 interviewed on cell phones and 452 interviewed on landline telephones. The sample included 569 respondents reached by calling back respondents who had previously completed an interview in PPIC Statewide Surveys in the last six months.

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For those following the case, the CMA's latest intervention will not come as a surprise - it is the next step on the regulator's recent roadmap for how and when it will weigh in with its final ruling. This month, we were due the CMA's October "issues statement" - and it seems that this is the document to which Microsoft has now publicly responded. A more open ecosystem that is broadly inclusive of both consumers and businesses holds great promise.

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In September 2022, the CFPB took action against Regions Bank for charging surprise overdraft fees known as authorized positive fees. Regions is required to, among other consequences, reimburse consumers all the funds it unlawfully charged since August 2018 and pay a $50 million penalty. Today’s Consumer Financial Protection Circular explains that when financial institutions charge surprise overdraft fees, sometimes as much as $36, they may be breaking the law. The circular provides some examples of potentially unlawful surprise overdraft fees, including charging penalties on purchases made with a positive balance.

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Tens of thousands of people responded to a CFPB Request for Information with their stories and complaints about unnecessary fees in banking. Since then, the CFPB has taken action to constrain “pay-to-pay” fees, and has announced a rulemaking proceeding on credit card late fees. In the last year, the CFPB has also published several research reports on overdraft fees and an analysis of college banking products. An overdraft fee can become a surprise fee when the customer doesn’t reasonably expect their actions to incur an overdraft fee. For instance, even if a person closely monitors their account balances and carefully manages their spending to avoid overdraft fees, they can easily incur penalties when financial institutions employ processes that are unintelligible or manipulative. – Today, the Consumer Financial Protection Bureau issued guidance about two junk fee practices that are likely unfair and unlawful under existing law.

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We will be developing requirements to limit misuse and abuse of personal financial data, as well as frauds and scams. A common point of concern across jurisdictions around the world is how unscrupulous actors will look to harvest and hoard consumer financial data as it increases in scale. Second, we will be looking at a number of ways to stop incumbent institutions from improperly restricting access when consumers seek to control and share their data. Starting here will also mean that our jumping-off point is where industry infrastructure for consumer-authorized financial data sharing has already begun to take shape. Importantly, a more open market will also make sure consumers won’t have to start from scratch.

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He has conducted surveys for theLos Angeles Times, theSan Francisco Chronicle, and the California Business Roundtable. He holds a PhD in sociology from the University of California, Berkeley. Landline interviews were conducted using a computer-generated random sample of telephone numbers that ensured that both listed and unlisted numbers were called. Additionally, we utilized a registration-based sample of landline phone numbers for adults who are registered to vote in California. All landline telephone exchanges in California were eligible for selection.

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