At a glanceFriday, December 06, 2019

Collection Industry News At A Glance - December 6, 2019
Friday December 6, 2019
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NAFCU on CCPA: Law shouldn’t apply to CUs as it creates confusion, compliance burdens

In a letter to California Attorney General Xavier Becerra, NAFCU's Mahlet Makonnen outlined a number of concerns the association and its member credit unions have related to the California Consumer Privacy Act (CCPA), which is set to take effect Jan. 1, 2020. NAFCU is an advocate for a uniform federal standard – not a patchwork of state privacy laws – and this week unveiled principles for a national data privacy standard.   Makonnen, NAFCU's regulatory compliance counsel, reiterated NAFCU's position that the CCPA should not apply to credit unions and recommended California lawmakers implement regulations to clarify:

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CRS2020 – Session Highlight – Credit Union Peer Group & Post Charge-Off Strategies

The Credit Union Peer Group meets again at Collection and Recovery Solutions (CRS2020), Wednesday, May 6th, from 3:30 pm to 4:45 pm. Chris Straiter will facilitate this member discussion session.  A survey of credit unions and their “hot topic” issues will be conducted prior to the event, and form the basis of the discussion.  In addition, there is time to discuss additional topics of interest to the group members in attendance. The Credit Union Peer Group is a working group of the Recovery Management Network group. Both are creditor-only groups for professionals in the collection and recovery side of the business.

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More student loan collection bids seen despite court order

The Education Department revealed in a court filing this week that it identified an additional 29,000 former Corinthian Colleges students who were pursued for federal student loan payments despite a court order barring collection.   A federal judge held Education Secretary Betsy DeVos in contempt and fined the department $100,000 in October after the agency said it attempted to collect payments from 16,000 former students of the defunct for-profit college in violation of the order.

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Cordray: CFPB Functioning Many Ways As It Was Intended

Richard Cordray, first director of the Consumer Financial Protection Bureau (CFPB) said today the agency is functioning many ways as it was intended even though it has been under apparent retreat from regulation and enforcement since President Donald Trump took office.

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New Study Ranks Nevada 2nd In Identity Thefts

LAS VEGAS, NV (KXNT) - Identity theft is a well known problem across the country, and the state of Nevada is among the top states where it's most likely to happen.    A recent report issued from the Motley Fool website shows that Nevada is second among the US states in identity theft with over fifty-eight-hundred reports.     Nevada trails only the state of Georgia, which has a staggering twenty-three-thousand reports of identity theft. Residents of Vermont, Iowa, and maine have reported the fewest identity thefts.

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Court Halts Operations of VoIP Service Provider after the FTC and Ohio Alleged that it Helped Promote Credit Card Interest Reduction Scheme

At the request of the Federal Trade Commission and the State of Ohio, a federal court has halted the operations of Voice over Internet Protocol (VoIP) service provider Globex Telecom Inc., which allegedly played a key role in robocalling consumers to promote a credit card interest reduction scheme that bilked consumers out of millions of dollars.   The federal court in El Paso, Texas issued a temporary restraining order against Globex and its Canadian counterpart, 9506276 Canada, Inc., that appoints a temporary receiver and freezes the defendants’ assets.

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CFPB Ombudsman’s Office 2019 Annual Report

Today, the Ombudsman’s Office’s annual report is available on our webpage. Each year our annual report, which I deliver to the Director, outlines our work process and summarizes our activities from the last fiscal year. The Ombudsman’s Office is an independent, impartial, and confidential resource that assists consumers, financial entities, consumer or trade groups, and others in informally resolving process issues with the CFPB. 

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NAFCU wants CUs protected as House passes bill targeting robocalls

Lawmakers in the House Wednesday, in a 417-3 vote, passed legislation that would expand the Federal Communications Commission's (FCC) enforcement authority over violations of the Telephone Consumer Protection Act (TCPA) and require voice services providers to authenticate and block illegal robocalls.

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More Fed Officials Weighing Liquidity Requirements After Repo Market Crunch

The Federal Reserve is reviewing parts of its supervisory framework, particularly around bank liquidity requirements, in the aftermath of unusual overnight lending market volatility earlier this year, according to a growing chorus of Fed officials. The Fed might have contributed to the repo market turmoil in September and will review if the policies could have exacerbated the problem, Fed Vice Chair for Supervision Randal Quarles said at a House Financial Services Committee hearing. And in the lead-up to the hearing, Fed Chairman Jerome Powell and New York Fed President John Williams sent a letter to committee ranking member Pat McHenry (R-N.C.), saying that the Fed will “continue to analyze” the dynamics that contributed to the turmoil. 

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CFPB Proposal On Remittances Offers Exemptions For Banks, CUs

In the years ahead, might there be a greater number of smaller financial institutions (FIs) offering remittance services? As Bloomberg Law reported Tuesday (Dec. 3), the Consumer Financial Protection Bureau (CFPB) has proposed to boost the number of smaller banks and credit unions (CUs) that would not be governed by rules tied to international money transfers. In a move that some advocates say would ease regulatory and compliance costs, the proposal would extend an exemption that allows these FIs to estimate the fees and costs associated with such international fund flows as providing exact figures might prove an expensive task.

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11 questions on deck for upcoming credit reporting workshop hosted by CFPB & FTC

WASHINGTON, D.C. -The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) will host a public workshop on Tuesday to discuss issues affecting the accuracy of both traditional credit reports and employment and tenant background screening reports. The regulators shared 11 different questions they might be tackling in light of marketplace changes during the past five years.

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Attorney General Becerra Seeks Public Comment at Four Public Hearings on the California Consumer Privacy Act (CCPA) Proposed Regulations

SACRAMENTO — California Attorney General Xavier Becerra today issued an advisory reminding the public that the California Department of Justice will hold four public hearings on the proposed regulations issued under the California Consumer Privacy Act (CCPA). The CCPA was introduced as Assembly Bill 375 and signed into law on June 28, 2018. The law provides consumers with groundbreaking new rights related to the use of their personal information. The law mandates that on or before July 1, 2020, the Office of the Attorney General promulgate and adopt implementing regulations for the CCPA. The proposed regulations were released to the public on Oct. 10, 2019. The comment period regarding these proposed regulations is underway and ends next week. Any interested party or their duly authorized representative may submit comments regarding the proposed CCPA regulations in person at the public hearings, or in writing by mail or email.

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Federal Regulators Issue Joint Statement on the Use of Alternative Data in Credit Underwriting

WASHINGTON, D.C.– Five Federal financial regulatory agencies today issued a joint statement on the use of alternative data in underwriting by banks, credit unions, and non-bank financial firms. The statement from the Federal Reserve Board (Federal Reserve), the Consumer Financial Protection Bureau (CFPB), the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), and the National Credit Union Administration (NCUA) notes the benefits that using alternative data may provide to consumers, such as expanding access to credit and enabling consumers to obtain additional products and more favorable pricing and terms.

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Free vulnerability scanning for your business

You know the importance of strong cybersecurity, but have you heard about free vulnerability testing? As part of its mission to protect the nation’s cyber infrastructure, the Department of Homeland Security’s Cyber-Infrastructure Security Agency (CISA) offers free vulnerability scanning to government, critical infrastructure, and private businesses.   What does this mean for you? You may be eligible for no-cost vulnerability scanning that will continuously check your internet-facing assets. The testing checks for known vulnerabilities and weak configuration, then recommends ways to improve your

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Transworld Systems Inc. to Acquire Alltran’s Financial Services Business

LAKE FOREST, Ill., Dec. 3, 2019 /PRNewswire/ -- Transworld Systems Inc. ("TSI" or the "Company"), the leading analytics and technology driven provider of accounts receivable management, healthcare revenue cycle and loan servicing solutions, announced today that TSI and certain affiliates entered into a definitive agreement with Alltran to acquire its Financial Services business. Transaction terms were not disclosed.   Alltran Financial Services is a first- and third-party accounts receivable management provider for the financial services, automotive, debt buyer, and marketplace lending industries, with approximately 900 employees working from three operations centers located in the southwestern United States.

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The Navy commander behind the credit union banks love to hate

When bankers complain to Capitol Hill about the competitive threat posed by large credit unions, they are almost certain to mention Navy Federal Credit Union.   With more than 8 million members, 300 branches nationwide and over $100 billion of assets, Navy Federal is the largest credit union in the world and ranks among the top 50 financial institutions in the country. Its net income in 2018, on which it didn’t pay federal or state income tax, was $1.55 billion.

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CFPB proposes increase to remittance safe harbor

The CFPB Tuesday issued a proposal related to its remittance rule that includes a NAFCU-sought increase to the safe harbor threshold under the rule, though it is not as high as NAFCU recommended. NAFCU has expressed concerns about its highly burdensome compliance costs that have caused many credit unions to stop offering these services and urged the bureau to exempt credit unions from the rule.

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DeVos proposes spinning off federal student loans from Education Department into independent agency

RENO, Nev. — The Trump administration proposed Tuesday to break off the nearly $1.5 trillion federal student loan portfolio from the Education Department and have it instead be managed by a new independent federal agency. Education Secretary Betsy DeVos pitched the proposal for federal student loans to be operated by "a stand-alone government corporation, run by a professional, expert and apolitical board of governors," instead of by the department's Office of Federal Student Aid.

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Panels announced for December 10th FTC-CFPB Accuracy in Consumer Reporting workshop

How central is accuracy to the credit reporting system? It’s important enough that Congress mentioned it in the second line of the Fair Credit Reporting Act – and more than 70 times in the text of the statute. On December 10, 2019, the FTC and CFPB will host a public workshop to talk about issues affecting the accuracy of both traditional credit reports and background screening reports used by employers and landlords. It’s a discussion you and your clients won’t want to miss.

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Consumer Financial Protection Bureau Issues Notice of Proposed Rulemaking on Remittance Rule

WASHINGTON, D.C. –The Consumer Financial Protection Bureau (Bureau) issued today a Notice of Proposed Rulemaking (NPRM) relating to the Remittance Rule (Rule).   The Rule generally requires companies that provide remittance transfers in the normal course of business disclose to consumers certain fees and the exchange rates that apply to transfers. The Rule also includes an exception that allows certain banks and credit unions to estimate certain fee and exchange rate information instead of disclosing exact amounts in certain circumstances, but this exception expires by statute in July 2020.  

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U.S. banking regulators urge ‘responsible use’ of alternative lending data

WASHINGTON (Reuters) - U.S. banking regulators said on Tuesday that lenders must have robust compliance tools in place to ensure “responsible use” of non-traditional sources of financial data to help determine whether a potential customer is credit worthy. In a joint statement, the country’s five chief regulators acknowledged that using consumer information originating outside of traditional sources could expand the access and affordability of credit for certain borrowers.

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Low mortgage rates will push home lending to 12-year high

Low mortgage rates will push home lending this year to a 12-year high of $2.07 trillion, the Mortgage Bankers Association said in a forecast. The volume for mortgages to purchase homes probably will total $1.27 trillion, the highest since the peak of the housing bubble in 2006, according to the group’s Nov. 20 forecast. Refinancing probably will reach $796 billion, the most since 2016, MBA said.

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Small Contractors Struggle to Meet Cyber Security Standards, Pentagon Finds

Small companies are struggling to meet the Pentagon’s newish network security rules, and even larger contractors aren’t doing as well as they think they are, a recent department study has found. “For the most part, the big companies do very well,” Kevin Fahey, assistant defense secretary for acquisition, told reporters at the Pentagon on Monday. “But in no case do they meet everything that they thought they met.” For one thing, big companies tend to give their smaller subcontractors a lot of data they don’t need, which then becomes vulnerable to foreign hackers. 

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New rules for robocalls take effect Tuesday

Pennsylvanians will be receiving an early holiday gift Tuesday: Another layer of protection when it comes to avoiding unsolicited phone calls.   That’s when a bill signed by Gov. Tom Wolf in October will go into effect. The law will place additional restrictions and require more procedures for companies that use telephone marketing and automated solicitation phone calls, known as robocalls.   “Telemarketing remains legal,” said Tom Flynn, Slippery Rock University professor of communication. “But the law is a great thing because it gives people more control over their communication environment.”

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For banks, data on your spending habits could be a gold mine

NEW YORK (AP) — There’s a powerful new player watching what you buy so it can tailor product offerings for you: the bank behind your credit or debit card. For years, Google and Facebook have been showing ads based on your online behavior. Retailers from Amazon to Walgreens also regularly suction up your transaction history to steer future spending and hold your loyalty.

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AG REPORT SHOWS DATA BREACHES INCREASED IN 2019

OLYMPIA — Today Attorney General Bob Ferguson released his fourth annual Data Breach Report. The report shows that data breaches increased by nearly 20 percent in 2019. The report also shows that breaches affected fewer Washingtonians in 2019 due to the relative size of the breaches.   Ferguson’s Data Breach Report relies on filings from businesses and state agencies that experienced breaches between July 2018 and July 2019. Washington law requires businesses and state agencies to report breaches affecting at least 500 Washingtonians to the Attorney General. That requirement stems from the passage of Attorney General Ferguson’s data breach legislation in 2015.

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Robinhood pulls bank charter application as fintechs face hurdles to disrupting financial system

Robinhood is no longer looking to become a federally insured bank.   The stock-trading start-up announced Wednesday that it was pulling its bank charter application with the Office of the Comptroller of the Currency, which was submitted earlier this year. A Robinhood spokesperson said the withdrawal was voluntary. But the move highlights the struggles a tech company can face when trying to upend the financial system.

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CFPB Requires Screening Firm to Pay $8.5 Million for Alleged FCRA Violations

On November 22, 2019, the Consumer Financial Protection Bureau (CFPB) – an agency enforcing federal consumer financial laws – filed a proposed Stipulated Final Judgment and Order that will require a background screening company to pay $6 million in monetary relief and a $2.5 million civil money penalty to resolve allegations of Fair Credit Reporting Act (FCRA) violations, according to a news report from the CFPB.

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Supreme Court schedules oral arguments in CFPB structure challenge

The U.S. Supreme Court is currently scheduled to hold oral arguments March 3, 2020, in the lawsuit filed by Seila Law challenging the CFPB's single-director structure. The CFPB previously announced it would no longer defend its director structure, following years of lawsuits and calls to reform it from various stakeholders.

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Mobile payments undermine banks’ battle for credit card dominance

Banks are battling to get consumers using their credit cards for holiday shopping. But faster mobile payment options are making that more difficult. As consumers shop on their phones, analysts say they may end up using whichever card is automatically stored instead instead of considering rewards. Gerard du Toit, banking consultant at Bain, said smartphone shopping “changes the equation” for credit card habits — it takes something “dramatically better” to unseat people from their default payment method.

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‘Hundreds of millions of people’ may have had their text messages exposed online, researchers say

Some of your text messages may have been left exposed on the internet for the world to see. A database housing millions of private SMS text messages was left open online for an extended period of time, a team of researchers at the online privacy company vpnMentor said Sunday. The Texas-based text messaging firm TrueDialog is thought to be responsible for the leak, the cybersecurity experts said. The database contained access information to online medical services along with passwords and usernames to websites such as Google and Facebook.

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Industry Events

 
FTC and CFPB to Host December Workshop on Accuracy in Consumer Reporting

FTC and CFPB

Workshop to focus on issues affecting the accuracy of both traditional credit reports and employment, tenant background screening reports The workshop, which is free and open to the public, will be at the Constitution Center, 400 7th St., SW, Washington, D.C., and will be webcast live on the FTC’s website.

December 10 - 10 , 2019

Amanda Koulousias Bureau of Consumer Protection 202-326-3334

2019 CFPB Research Conference

Consumer Financial Protection Bureau

Catholic University Edward J. Pryzbyla University Center
620 Michigan Ave NE , Washington, DC 20064
December 12 - 13 , 2019

(855) 411-2372

RMAi Annual Conference

ARIA Resort & Casino
3730 Las Vegas Boulevard , Las Vegas, NV 89158, US
February 04 - 06 , 2020

Questions about registration or sponsorship? Contact Sylvia Done at sdone@rmaintl.org or 916-482-2462

The Payments Summit 2020

The Payments Summit

Salt Lake Marriott Downtown at City Creek
75 South West Temple , Salt Lake City, UT 84101, US
February 24 - 27 , 2020

1.800.556.6828

2020 Annual Utilities Credit & Collections Symposium

Conferences By Monticello

Hyatt Regency Coral Gables, Florida
50 Alhambra Plaza , Coral Gables, Florida, United States, 33134
March 02 - 04 , 2020

(843) 277-1620

ACA International 2020 Spring Forum & Expo

ACA International

M Resort Las Vegas
12300 S Las Vegas Blvd , Henderson, NV 89044
March 11 - 13 , 2020

(800) 269-1607

Commercial Payments International

EuroFinance

Hilton Amsterdam
Apollolaan 138, 1077 BG , Amsterdam, Netherlands
March 16 - 17 , 2020

+ 44 207 576 8555

AFCC Spring Conference – 2020

Eden Roc – Miami Beach
4525 Collins Ave , Miami Beach, FL 33140
March 22 - 23 , 2020

https://conference.americanfaircreditcouncil.org/

NAPCP Commercial Card and Payment Conference: P-Card, Travel Card, ePayables

NAPCP

Caesars Palace, Las Vegas, Nevada
3570 Las Vegas Boulevard South , Las Vegas, NV 89109
April 06 - 09 , 2020

952-546-1880 ext. 4

NCUCA – National Credit Union Collection Alliance 2020

NCUCA National Credit Union Collections Alliance

Bellagio Las Vegas
3600 S Las Vegas Blvd , Las Vegas, NV 89109
April 15 - 17 , 2020

https://www.ncuca.com/contact/

Collection and Recovery Solutions 2020

Collection & Recovery Solutions - produced by Resource Management Services, Inc.

Four Seasons Hotel Las Vegas
3960 Las Vegas Blvd South , Las Vegas, NV 89119, US
May 06 - 08 , 2020

562-906-1101

National Association of Chapter 13 Trustees 2020

National Association of Chapter 13 Trustees (NACTT)

Marriott Marquis San Diego Marina
333 W Harbor Dr. , San Diego, CA 92101
July 08 - 11 , 2020

800-445-8629

Debt Connection Symposium & Expo 2020

Resource Management Services, Inc.

Red Rock Casino Resort & Spa
11011 W Charleston Blvd , Las Vegas, NV 89135
September 15 - 17 , 2020

562-906-1101

Auto finance Summit 2020

Royal Media

Wynn Las Vegas
3131 S Las Vegas Blvd , Las Vegas, NV 89109
October 20 - 22 , 2020

https://www.autofinancesummit.com/contact-us

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