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

NCOFCU Newsletter

The Bucket Coach is a financial advice book designed by Fire Services Credit Union, Tronto, Canada. and written exclusively for Fire Fighters It's a practical guide for household financial management, including investments, credit and mortgages, and retirement. Developed with contributions from Fire Fighters," NCOFCU Newsletter : " Kevin Connolly Chief Executive Officer    Fire Services Credit Union Phone: 416-440-1294 ext 301  Toll Free: 1-866-833-3285 E-mail:  kevin@firecreditunion.ca 1997 Avenue Rd Toronto, ON M5M 4A3 

Fed cuts interest rates for the second time this year

The Federal Reserve on Wednesday lowered interest rates for the second time this year in a continued bid to prevent unemployment from surging. Fed officials voted for another quarter-point rate cut, lowering their benchmark lending rate to a range between 3.75% and 4%, the lowest in three years. It is the first time since the Fed’s rate-setting committee was established in the 1930s that officials have set monetary policy while lacking an entire month of crucial government employment data due to a government shutdown. ____________________________________ Check out NCOFCU's additional features: First Responder Credit Union Academy Podcasts YouTube Mini's Blog Job Board

Zelle Says It Will Allow Users to Make International Payments Using Stablecoins

SCOTTSDALE, Ariz .–   Zelle  has announced plans to allow users to start making international payments using stablecoins. The move by Early Warning Services, which operates the P2P payments network Zelle and which is owned by a consortium of large banks, comes in the wake of the passage of the GENIUS Act, which is designed to usher stablecoins into the regulated financial system. Stablecoins are a digital currency that is pegged to a fiat currency such as the U.S. dollar. As the CU Daily reported  here , credit unions were strongly urged during an event last week to not just start paying attention to stablecoins but to begin taking action as interchange income is threatened. Similarly, analysts said the move by Zelle to help users move money across borders is a defensive move in response to what is expected to be the growing use of stablecoins by consumers and businesses. Early Warning Services did not indicate how it would work or when it would launch, according to sever...

Not Your Mother’s Credit Union

“Stablecoins aren’t a speculative play. They’re the next evolution of payments — and a chance for credit unions to lead, not lag. It starts with connecting members to DLT rails - the digital wallet. Without that, nothing else can happen. It’s just a new payment rail - embrace it or lose the relationship. It’s that simple.” While ‘ stablecoins ’ were the prevailing buzzword across Money20/20 this year, the credit union industry had a significant presence. Small financial institutions have staked a place in the future of payments. Credit unions  received a significant boost this summer with the enactment of the stablecoin bill into law. The Guiding and Establishing National Innovation for U.S. Stablecoins Act authorizes subsidiaries of federally insured credit unions, such as credit union service organizations, to become issuers. Not Your Mother’s Credit Union A Money20/20  fireside chat  with the regulator for credit unions that I moderated focused on the rulemaking task a...

How Stablecoins Could Prove to Be Anything But Stable for CUs That Don’t Get Moving

LOST PINES, Texas–With the GENIUS Act enacted and the countdown on for NCUA and regulators to get rules in place for stablecoins, credit unions were told it’s “go time” to begin preparing for a new technology that could “eat the lunch” of interchange. The cautionary words came from  Dr. Lamont Black , an associate professor at the Driehaus College of Business at DePaul University, where among other things he teaches a graduate course on cryptocurrency, and who is also a fellow in Filene’s Credit Union of the Future Center of Excellence, and who s well-known to many in credit unions for his work and insights.  After several years of speaking to credit unions on crypto, he told  Catalyst Corporate’s  Strategic Summit meeting he has pivoted now due to the rapid change taking place, and in addition to talking about AI (see separate reporting in the CU Daily), he has a warning for CUs when it comes to another emerging technology. Eating the Lunch of Payments “I believe st...

Sunday Reading - What is the Erie Canal?

  Gateway to the West     What is the Erie Canal? The Erie Canal is a 363-mile waterway in New York connecting the Great Lakes to the Atlantic seaboard, from the Hudson River at Albany to Lake Erie at Buffalo ( see map ). Initiated in 1817 for $7M (nearly $200M today), the canal was America’s first major infrastructure project and revolutionized trade and commerce in the United States. The project relied on self-taught amateurs —including teachers, judges, and surveyors. The workers, nearly 50,000, dug the entire canal with hand tools, picks, and gunpowder (dynamite had not yet been invented). The original Erie Canal had 83 locks, each designed to be...

Lifesaving Companion Dog Takes On New Role With Injured Firefighter « CBS New York

Lifesaving Companion Dog Takes On New Role With Injured Firefighter « CBS New York : "NEW YORK (CBSNewYork) — A badly injured New York firefighter received a companion dog whose already saved people’s lives from fire. As CBS2’s Dave Carlin reported, disabled firefighter Tom Prin beamed as he was officially presented with his new canine companion Halona inside of a packed ceremony in Suffolk County. The former firefighter was one of 15 people receiving their canine companions. Prin was chosen because of what he’s been through — after fracturing his neck and back while responding to a Brooklyn fire. “When I was going from the third to fourth floor, the steps gave out and I fell through the fire escape,” he said. Prin has endured five spinal surgeries, but the Holtsville man will now be comforted by Halona who has quite the lifesaving resume herself." Click HERE to read full story and see video 'via Blog this'

CUs Encouraged to Promote Automatic Savings Plans

America Saves Week and Military Saves Week kick off this weekend. The week-long, national campaigns will begin Feb. 19 with events that aim to unite government, nonprofit and corporate groups to encourage individuals and families to save and build personal wealth. This year’s campaign theme – “Set Goals, Make a Plan, Save Automatically” – promotes the need for families to get aggressive with automatic savings.****READ MORE: CUs Encouraged to Promote Automatic Savings Plans :

No Bonuses, No Problem: Why Credit Unions Are Rethinking Incentive Models

Cooperatives across the country are taking a fresh look at employee motivation, with some moving toward a more holistic approach to compensation. Marc Rapport Point/Counterpoint: This story is part of Callahan’s new “Point/Counterpoint” series, examining credit union issues from multiple perspectives. Want a different take on incentives? Learn how two credit unions align staff efforts with organizational goals to boost the bottom line and enhance member value in “Incentives That Power Performance And Improve Outcomes.” Top-Level Takeaways Capital Credit Union’s transition away from individual performance-based incentives has resulted in improved employee engagement, lower turnover, and better member service. Seattle Credit Union is still evaluating the effectiveness of incentive programs, balancing ...

Presidential Election Is 'Confusing' Deposit Pricing

  By Ray Birch LAKE FOREST, Ill.—The nation is experiencing an economic period that’s testing the deposit pricing skills of even the most accomplished CFOs, one economic research firm is saying. And the reason: erratic movements in deposit pricing since COVID, and a presidential election whose outcome could swing rates two ways. “The pending election is confusing deposit pricing for both user and FI,” said Elizabeth Hamlin, financial analyst at Moebs $ervices. “The two candidates for the White House, plus House and Senate races, tell the story. The average American is confused about who is saying what and who will win. And, this confusion lies with even those who run depositories and determine deposit pricing.” Hamlin pointed out that 12-month CD rates have dropped 80 basis points in the past year, while three-month CD rates have increased 64 BPs. “The depository saver is confused,” Hamlin said. “For some savers this money is going short with the hope rates will rise after the...