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Posted: Oct 11, 2018
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Author: Lou Grilli

U.S. Bank becomes the first financial institution subject to OCC supervision to offer “deposit advance products” a.k.a. Payday Loans. Should credit unions step up to help the community?

U.S. Bank, the country’s largest regional bank, began taking advantage of a roll-back of OCC regulations that prohibited banks from offering deposit advance products. According to the LA Times, a U.S. Bank customer with a checking account open for more than 6 months, and a direct deposited paycheck can apply online and if approved, be granted a loan of between $100 and $1,000, within minutes. Repayment, which must be within three months, comes with an interest rate of $12 per $100 borrowed, which calculates to nearly a 71% annualized interest rate. U.S. Bank is just the first of what is expected to be a wave of banks providing competition to payday lenders. What changed to bring this on?

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Posted: Oct 3, 2018
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Author: Lou Grilli

The stakes are high - $90 billion in fees paid collectively by merchants each year, according to Bloomberg. The proposed class action settlement amount is record-breaking - $6.2 billion, the most significant dollar amount ever, to be paid to 12 million merchants who do not opt-out of the settlement.

What does this mean for the future of interchange fees? It’s still murky, at best.

A lawsuit that was being argued since 2005 was finally settled on September 18, 2018, some 13 years later. The class action was initially filed by the National Retail Federation, the Retail Industry Leaders Association, and the National Association of Convenience Stores, collectively representing about 12 million merchants in the U.S. It named Visa, Mastercard, and several large issuers, including JPMorgan Chase & Co., Citigroup Inc. and Bank of America Corp. as Defendants. The suit accuses the defendants of conspiring to fix interchange fees that businesses pay to process credit and debit cards. A previous settlement had been reached in 2012 but was thrown out by the courts. This time around, the settlement, which still needs to be approved by the courts, leaves open several unanswered issues.

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Posted: Sep 4, 2018
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Author: Lou Grilli

Understanding and managing the risks associated with the changing world of data security, and being prepared for breaches and how to respond, have become business necessities. This three-part series, based in part on a presentation given by Michele L. Cohen, a principal with the law firm Miles & Stockbridge P.C. at Trellance’s immersion 2018 conference, outlines the balancing act between convenience and data, and provides a framework for preparing for breaches and what actions to take in response. Part 1 focused on what is at risk; what causes breaches, and the fact that breaches are inevitable. Part 2 focused on planning and documentation for the inevitable. This Part 3, will explore three areas that require special attention: the legal considerations regarding breach notification; the contracts an organization has with vendors who have access to data; and having the right insurance coverage.

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Posted: Aug 14, 2018
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Author: Lou Grilli

Planning for the Breach - the WISP and IRP

Understanding and managing the risks associated with the changing world of data security, and being prepared for breaches and how to respond, have become business necessities. This three-part series, based in part on a presentation given by Michele L. Cohen, a principal with the law firm Miles & Stockbridge P.C., at Trellance’s immersion 2018 conference, outlines the balancing act between convenience and data, and provides a framework for preparing for breaches and what actions to take in response. Part 1 focused on what is at risk; what causes breaches, and the fact that breaches are inevitable. This Part 2 will focus on planning and documentation for the inevitable.

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Posted: Aug 1, 2018
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Author: Lou Grilli

Planning for a breach is a business requirement whether you have been breached or not.

“… credit unions are no longer flying under the radar – credit unions are targets of cybercriminal activity.” – Larry Fazio, Deputy Executive Director, NCUA

The increased use of mobile platform access, for both credit union staff and members, and the migration to cloud-based services is a trend for which there is no going back. The scalability, accessibility, as well as the ability to quickly and easily deploy new services have become business necessities to remain competitive and to continue to serve the needs of members. This also means some loss of control over security and compliance. Understanding and managing the risks associated with the changing world of data security, and being prepared for breaches and how to respond, have also become business necessities. This three-part series, based in part on a presentation given by Michele L. Cohen, a principal with the law firm Miles & Stockbridge P.C., at Trellance’s immersion 2018 conference, outlines the balancing act between convenience and data, and provides a framework for preparing for breaches and what actions to take in response.

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