Skip to main content

A new rule could make it easier to switch your bank. (Guess who hates it.)

Federal regulators want to make it less of a pain to change your bank — but first, it looks like they’ll have to win a battle in court.

On Tuesday, the Consumer Financial Protection Bureau (CFPB) unveiled the final version of its highly anticipated open banking rule, which aims to create more competition between financial services companies by making it simpler for customers to transfer their personal data between them.

The measure is in part designed to relieve some of the common headaches familiar to anyone who has ever tried to move their checking account or upgrade to a better credit card — a process that can require manually resetting a number of automatic bill payments and may mean losing years' worth of transactions history.

Those kinds of inconveniences are known to keep many consumers from shopping around for better deals. One survey found that the average American has had the same checking account for more than 17 years; about 10% of consumers say they haven’t switched mostly because of the hassle involved.

During a speech in Philadelphia, CFPB Director Rohit Chopra said the agency’s new regulation, officially known as rule 1033, would help remove some of those “roadblocks.” Under the measure, banks, credit card issuers, and payment apps will be required to provide customers electronic access to their account data, including by giving third parties of their choice permission to collect it — making it seamless for fintech firms and other institutions to plug in and transfer over key information.

“That means you can more easily walk away from mediocre products or services,” Chopra said. He compared the changes to rules that allowed cell phone customers to take their numbers with them when they changed service providers, which made jumping to a new plan far easier.

The rule has drawn fierce criticism from banks, however, who argue that it will be unfairly expensive for them to implement and expose customers to serious fraud risks. On Wednesday, industry groups filed a federal lawsuit in Kentucky aiming to halt the regulation, accusing the CFPB of “overstepping its statutory mandate.”


What’s really changing

For many consumers, the new open banking rule might not seem to change much at first glance. According to the CFPB, at least 100 million Americans already let third parties access their various financial accounts, using apps like Plaid to connect their banks and brokerages to personal budgeting software and services like TurboTax. That’s led some to downplay the significance of the agency’s new regulation.

“In a lot of senses, 1033 is just a formalization of the digital finance economy as it already exists,” Plaid CEO Zach Perret, told a crowd at a fintech conference Wednesday.

But regulators and outside supporters argue that the open banking rule will make important behind-the- scenes changes benefiting consumers. Today, they note, banks can pick and choose which companies they let touch their customers’ data, and on what terms. Tech firms that they refuse to work with often resort to workarounds like “screen scraping,” which are widely considered security risks.

The new rule will force banks to give access to any third party that customers want using a formal portal, as long as they meet certain standard requirements. It also creates privacy rules about how data can be handled once it’s ported over so that the information can only be used as the customers intend.

“At its core, the rule that the CFPB put out says that it’s not up to the bank, it’s up to you,” said Steve Boms, executive director of the Financial Data and Technology Association of North America. “Your bank can’t stand in front of you and say, ‘No we don’t think so.’”

How consumers could benefit

Beyond making it more convenient to hop between banks, advocates say the new data rules open up new, consumer-friendly ways to make everyday purchases and apply for credit that could shake up big swaths of consumer finance.

One type of service that could potentially see growth: Pay-by-bank apps, which let customers buy things or cover bills directly from their checking account, rather than via a debit card or paper check. Retailers are already cheering that possibility, since those services could save merchants the so-called swipe fees that banks and other card issuers collect on each transaction. Some could eventually offer discounts to customers who use a pay-by-bank option instead of whipping out a Visa or Mastercard.

“Open banking could cut out these middlemen and create competition that would benefit small businesses and consumers alike,” National Retail Federation general counsel Stephanie Martz said in a statement this week.

Experts also say the data rules make it easier for some Americans to get access to loans via cash-flow underwriting, where lenders assess creditworthiness by looking at an applicant’s history of paying their rent and bills on time. That could be especially helpful to immigrants and young people who tend to have thin credit files.

Why banks are ticked

Banks have raised a number of complaints about the new data rules, starting with the expense.

The regulations will ban financial institutions from charging any fees to fintech firms for accessing customer data, while requiring they pay out for new compliance costs. They also argue that the new rules don’t do enough to shield them from legal and financial liability if a third party isn’t careful with the information they gather, or misuses it. That’s an especially acute problem, the industry says, since allowing more third parties to pick through data increases the odds of a bad actor slipping through.

“It’s just another vector and another chance for fraud to really be magnified,” said Brian Fritzsche, associate general counsel at the Consumer Bankers Association.

In its lawsuit filed Wednesday, the Bank Policy Institute argues that regulators went well beyond the authority outlined in the 2010 Dodd-Frank Act, which called for data regulations. “This is a case about a federal agency overstepping its statutory mandate and injecting itself into a developing, well-functioning ecosystem that is thriving under private initiatives,” the complaint states.

It’s asking the courts to overturn the rules entirely — or, failing that, to let banks charge fees to all those fintech firms that will be clamoring for access to the data.

Jordan Weissmann is a senior reporter at Yahoo Finance.

Comments

Popular posts from this blog

The Most Overlooked Growth Opportunity in First Responder Credit Unions

Credit unions spend enormous amounts of time, energy, and marketing dollars trying to acquire new members. But many institutions — especially sponsor-based first responder credit unions — are sitting on one of the most valuable growth opportunities already inside their existing membership base. The joint owner population. Every day, firefighters, police officers, EMTs, dispatchers, and other first responders join credit unions through sponsor relationships. During account opening, spouses or partners are often added as joint owners for convenience. They help manage the household finances. They use the debit card. They log into online banking. They interact with the credit union regularly. Yet in many cases, they never actually become full member-owners of the cooperative. They are connected to the institution — but not fully part of it. And that creates a major strategic opportunity. Why Joint Owner Conversion Matters For sponsor-based credit unions, converting joint owners into full m...

ACU Calls For Full Political Engagement As Election Cycle Heats Up, Warns Of Well-Funded Opposition

  WASHINGTON--Credit unions need every advocacy resource at their disposal, and in an election year, that means supporting credit union champions, America’s Credit Unions emphasized. ACU President/CEO Scott Simpson and Head of Political Affairs Trey Hawkins outlined credit unions’ role in supporting those champions in the 120th Congress as the 2026 election cycle resumes with primaries next week. Scott Simpson “It’s important that we defend those who defend us, that we help those who help us,” Simpson said, referring to policymakers who have supported the credit union tax status and regulatory relief, while opposing new interchange mandates, to name a few issues. “This is an opportunity for us to lean in, to marshal all the available resources that we can. Our counterparts in the for-profit financial space, those who are devoted to harming us, can vastly out-resource us.” Hawkins shared potential outcomes for control of chambers of Congress, but noted credit unions have support reg...

Discussions Reportedly Underway Over Allowing Donations of Co. Stock to Trump Accounts for Kids

WASHINGTON — White House and Treasury Department officials are discussing whether to expand the Trump administration’s new investment accounts for American children to allow donations of individual company stock. The accounts, formally known as Section 530A accounts and referred to by supporters as “Trump accounts,” are scheduled to begin accepting contributions on July 4, The New York Times reported. The program has already received billions of dollars in philanthropic commitments. Under current rules, the accounts are limited to cash investments placed into diversified index funds. According to The New York Times, administration officials are now considering whether wealthy individuals could instead donate shares of their companies directly into the accounts. The proposal has reportedly been championed by venture capitalist Brad Gerstner, founder of Altimeter Capital, who helped develop the 530A account initiative. Gerstner has discussed the idea with administration officials, The Ne...

Senate Banking To Vote Thursday On Landmark Digital Assets Bill

“NCOFCU appreciates the Senate Banking Committee’s continued work during next week’s markup hearing to establish a clear and responsible regulatory framework for digital assets,” said the National Council of Fire Fighter Credit Unions (NCOFCU) leadership. “As lawmakers consider this legislation, it is essential that first responder credit unions are recognized as a vital part of the financial services ecosystem and are not overlooked in the evolving digital asset landscape. Credit unions serving police, fire, EMS, and other emergency personnel must have equitable access to innovation, regulatory clarity, and the tools necessary to continue supporting the financial readiness and resilience of America’s first responders.” Grant Sheehan CEO WASHINGTON—The Senate Banking Committee will vote on the long-awaited CLARITY Act this Thursday, Committee Chairman Tim Scott (R-SC) announced Friday. Tim Scott The announcement marks a potentially major step forward for legislation that would establis...

Cutting Through The Stablecoin Noise—What Credit Unions Actually Need To Know Now

By Ray Birch DOVER, Del.—By any measure, stablecoins have quickly become one of the most talked-about—and least understood—topics in credit union boardrooms. The pressure to “do something” is building, fueled by headlines, fintech momentum and a growing fear of being left behind. But according to InvestiFi CEO Kian Sarreshteh, that urgency may be misplaced. “There’s a lot of FOMO right now,” Sarreshteh said. “If I don’t adopt a stablecoin solution this year, I’m going to be left behind. I would argue pretty strongly that’s very far from the truth.” Instead of rushing to sign up for a Stablecoin pilot, Sarreshteh said credit unions should begin with a more fundamental question: what problem are you actually trying to solve? While stablecoins are often discussed as a potential challenger to traditional payment rails dominated by Visa and Mastercard, he believes that kind of mass-market disruption remains years away—especially in the U.S., where consumers already have fast, convenient opt...

Fire Family Foundation Establishes Erksine Fire: Rebuilding Lives and Community Fund

Fund Will Assist Fire Victims and Firefighters in Kern County July    8, Los Angeles, CA:   Responding to the emergency of deadly wildfires that are currently blazing through communities in Kern County, Fire Family Foundation, the charitable hand of Firefighters First Credit Union, has created the Erskine Fire: Rebuilding Lives and Community Fund. California’s largest wildfire so far this year, the Erskine fire erupted Thursday afternoon and continues to burn; two people have died, thousands have left their homes, 200 homes were destroyed with many others severely damaged. Four firefighters who were working on the blaze learned the sad news that their own homes were completely destroyed by the fire. The Erskine Fire Fund will dedicate 100% of the funds raised to be distributed to firefighters and fire victims; funds will be used for short-term assistance to pay expenses for essential and immediate needs from food to mortgages/rent "Our firefighters are battli...

NCUA Identifies Supervisory Priorities for 2024

ALEXANDRIA, Va.–In a new  Letter to Credit Unions , NCUA has outlined its supervisory priorities and other updates for its 2024 examination program. The agency said the areas identified are those with the highest risk to credit union members and the insurance fund. As CUToday.info has previously reported, growing financial strains and liquidity risks are cited by the agency, as well as the growth in the number of composite CAMELS code 3, 4, and 5 credit unions.  The agency further noted: Its exam flexibility initiative will continue in 2024, extending the exam cycle for certain credit unions. It will continue its Small Credit Union Exam Program in most federal credit unions with assets of $50 million or less. Supervisory Priorities f...

NAFCU - Vehicle Sales Decline During 2017

ARLINGTON, Va.—Vehicle sales in 2017 totaled 17.23 million units, non-seasonally adjusted, marking the first year-over-year sales decline since 2009. Total vehicle sales increased in December to 17.85 million seasonally adjusted, annualized units but were down 1.7% from a year ago. "Looking ahead, sales are expected to trend down further in 2018 as pent-up demand from earlier years diminishes," observed NAFCU Research Assistant Yun Cohen in a Macro Data Flash report. "In addition, banks are tightening standards on auto loans according to a recent survey by the Federal Reserve, which could lead to credit constraints. Despite the slowdown, vehicle sales are expected to remain strong in light of a strong labor market and growing economy." According to data by Autodata Corp., car sales decreased from 6.3 million to 6.1 million annualized units during the month. However, sales of light trucks increased from 11.2 million to 11.8 million annualized units, Cohen no...

'Victory is Elusive': CU Economist Agrees Fed Rate Cuts Questionable Following New CPI Report

04/10/2024 11:01 am WASHINGTON–A credit union economist has joined with other economists and analysts in forecasting a delay in any rate cuts by the Fed in 2024 following today’s inflation report. The newly released Consumer Price Index climbed 3.8% on an annual basis after stripping out food and fuel prices. That “core” index was stronger than the 3.7% increase economists expected, and unchanged from 3.8% in February.  Counting in food and fuel, the inflation measure climbed 3.5% in March from a year earlier, up from 3.2% in February and faster than what many had forecast.  "Victory in the Federal Reserve's inflation fight remains elusive with a stubbornly high headline consumer price index increase of 0.4% in March, matching February's disappointing result,” said America's Credit Unions VP-data and research, chief econom...

Ten-Year Treasury Hits a 15-Year High

WASHINGTON–The yield on the 10-year U.S. Treasury note has hit a 15-year high, which could lead to higher costs for many borrowers. The increase in yields is also “raising concern” on Wall Street about the potential fallout in the stock, bond and housing markets, the Wall Street Journal added. A key benchmark for interest rates across the economy, the 10-year yield settled at 4.258%, according to Tradeweb, up from 4.220% earlier this week, marking its highest close since June 2008, months before the collapse of Lehman Brothers and expansive Federal Reserve policy “ushered in more than a decade of historically low bond yields,” the Journal added. ‘Nervous’ Investors “The rise in yields is making investors nervous, because past surges have at...