SDBA eNews

September 21, 2023

 

CALL TO ACTION: Credit Card Competition Act 

The SDBA along with national banking trade associations and other stakeholders have taken a very strong position AGAINST the proposed Credit Card Competition Act (CCCA) dual routing mandate. Currently, Congress is working through the complex process of considering appropriations bills and we remain concerned that Senator Durbin and Senator Marshall (co-sponsor) of this legislation continues their quest to add the CCCA language as an amendment to one of these “must pass” bills.  Recently, we have been successful in keeping this amendment OFF of the National Defense Authorization (NDAA) bill, which is also a “must pass” piece of legislation annually.

However, the proponents of this amendment continue down this same path.  The banking industry must act immediately, so we ask that you follow the link below to send an electronic message to Senators Thune and Rounds at your earliest convenience.  

Click here for the updated call to action!

Please share this alert with your entire organization and ask them to send this electronic message…it only takes a few minutes as we want our Senators to know we are STRONGLY OPPOSED to this measure as an amendment to any appropriation bill or a stand-alone bill.

Thank you in advance for your impactful advocacy on behalf of the banking industry in South Dakota and across the country.  If you have any questions, feel free to contact the SDBA office at 605.224.1653. 


Register for Internal Audit School | October 2-4

The SDBA is partnering with Michigan Bankers Association and Review Alliance, Inc. to offer the Internal Audit School virtual event on October 2-4. 

This school teaches the basics as well as more complex aspects of the audit function. This three-day course will discuss the establishment and execution of an effective and efficient internal audit program. Attendees will learn the objectives of internal audit and helpful techniques to reach those objectives. Internal audit should be a value-added function and not just a “check the box” cost center. This course will teach attendees how to create and maintain a value-added internal audit function.

This school is designed for new to intermediate level internal auditors. It is also an excellent refresher for experienced personnel to keep them abreast of current techniques and procedures.

For more information or to register, click here


Banks Never Ask That 2023 Campaign to Kick Off on October 2

ABA’s #BanksNeverAskThat anti-phishing campaign has been a big success since 2020. The ABA is bringing the campaign back this October to help even more consumers beat scammers at their own game. They have added new content to this easy-to-use turnkey toolkit, including videos, social posts, digital signage, printables and more. 

Every day, thousands of people fall victim to fraudulent emails, texts and calls from scammers pretending to be their bank. The ABA wants to change that by raising awareness among banks and their customers of best practices for phishing defense. There are videos, GIFs, images, pre-written social posts, and printables you need to run a stellar antiphishing campaign — and educate and protect your customers every step of the way. 

The BNAT toolkit is free and available for any bank to utilize. Find out more information by going to the following link: Banks Never Ask That | American Bankers Association (aba.com)


Risk Management Association to Host Update on CRE and CRE Lending | October 17, Sioux Falls

The Siouxland Chapter of the Risk Management Association is hosting their General Membership meeting and Social on October 17 in Sioux Falls, SD. There will be three guest speakers that will provide an update on commercial real estate and commercial real estate lending.  To register, visit the Siouxland RMA Chapter website at https://community.rmahq.org/siouxland/home.


Pathward Bank's Natonya Harbison Honored with ABA DEI Outstanding Leader Award 

The American Bankers Association recognized inaugural winners of its new ABA Diversity, Equity and Inclusion awards today at the virtual 2023 DEI Summit. These awards celebrate ABA member banks for their internal-facing programs, leadership and activities focused on improving diversity, equity and inclusion within their workplace. 

“We congratulate all of the winners and honorable mentions of these inaugural awards,” said ABA senior vice president of Diversity, Equity and Inclusion Naomi Mercer. “These institutions and individuals have excelled in their programs and initiatives, and represent the best our industry has to offer in the critically important DEI space.”

The awards honor achievement in three categories: the Outstanding Overall DEI Program Award, DEI Outstanding Leader Award, and Innovation Incentive Award. Winners and honorable mentions were selected for each category.

The 2023 ABA Diversity, Equity & Inclusion Award winners are:

Outstanding Overall DEI Program Award

  • Winner: Wintrust Financial Corporation, Rosemont, Ill.

Wintrust Financial Corporation created the One Wintrust Diversity & Inclusion Roadmap, which was established to anchor a strategy for key pillars including workforce/workplace, customers, communities, and strategic partnerships. A few highlights of Wintrust’s DEI program include its Annual Executive Diversity Forum, its sponsorship and mentorship program “Paired to Win,” and its business resource groups.

  • Honorable Mention: United Bank, Fairfax, Va.

United Bank was honored for its overall DEI program, which focuses on building a sustainable and fully integrated strategy, including the implementation of initiatives ranging from developing a comprehensive metrics dashboard to executing multi-phased companywide trainings. The bank made inroads in increasing the diversity of its staff and board of directors to better reflect the communities it serves.

DEI Outstanding Leader Award

  • Winner: Tammy Mata, Valley National Bank, Wayne, N.J.

Tammy Mata is the chief DEI officer and head of people resources and relations at Valley National Bank. Mata helped create six associate resource groups and implement a DEI Governance Framework. She has also been part of the effort to recruit from a more diverse group of job candidates. 

  • Winner: Natonya Harbison, Pathward Bank, Sioux Falls, S.D.

Natonya Harbison is the director of DEI and community impact at Pathward Bank. Harbison has worked closely with the C-suite to help define Pathward’s DEI attributes, established a strategic roadmap, constructed a DEI curriculum and managed DEI metric collection.

  • Honorable Mention: Eddie Alford, Pinnacle Financial Partners, Nashville, Tenn.

Eddie Alford, the Diversity, Equity and Inclusion director at Pinnacle Financial Partners, has led design and implementation of DEI initiatives since 2020, aligning them in a manner that would be woven into every aspect of Pinnacle’s culture. Alford formed DEI Councils across the firm’s geographic markets and leads the firm’s leadership team DEI workshop series.

Innovation Incentive Award

  • Winner: Primis Bank, McLean, Va.

Primis Bank’s Primis Works program was assembled to give single parents an opportunity to establish professional skills while also diversifying Primis’ talent pipeline. Participants are paid a fulltime salary, given childcare, and have access to mentors and workshops. Primus also has hired many of the participants once they complete the program.

  • Honorable Mention: Bank of the West, Omaha, Neb.

Bank of the West stands out for Ignite, its four-month, cohort-style virtual program that focuses on advancing and helping to develop underrepresented talent. The program was created to retain and advance junior level talent who may otherwise go unnoticed through talent assessments. It allows applicants to self-nominate and provides individualized career coaching and an executive sponsor.

View the winners of this year’s ABA DEI Awards.


ABA Supports Resolution to Overturn CFPB Data Collection Rule

In a letter to Senate leaders, the American Bankers Association expressed support for a proposed resolution of disapproval seeking to overturn the Consumer Financial Protection Bureau’s final rule implementing Section 1071 of the Dodd-Frank Act. S.J. Res. 32 by Sen. John Kennedy (R-La.) currently has 39 co-sponsors and would overturn the CFPB rule if adopted by both houses of Congress and signed by the president. An identical resolution has been introduced in the House.

ABA said that banks support complying with the nation’s fair lending laws, but the enormity of data points to be collected under the rule and the 100-loan threshold for determining which lenders must report would place a significant burden on banks, especially community banks. The definition of “small business” as any business with annual revenues of $5 million or less expands the scope of the rule beyond what Congress intended, the association added. Also, the CFPB’s publication of the data collected will create privacy concerns, and banks will be regularly examined for compliance and data accuracy while nonbanks will not.

“We are concerned that the costs associated with collecting the data and the anticipated reliance on statistical manipulation in fair lending supervision and enforcement will discourage bank lending to small businesses, particularly by community and midsize banks, and we strongly urge Congress to advance S.J. Res. 32 as soon as possible,” ABA said.

View the article here


CISA News: Deepfake Threats

Synthetic media threats broadly exist across technologies associated with the use of text, video, audio, and images which are commonly used for a variety of online purposes. Deepfakes are a particularly concerning type of synthetic media that utilizes artificial intelligence/machine learning (AI/ML) to create believable and highly realistic media.

View the article here


  Compliance Alliance logo

QUESTION OF THE WEEK

Q: For an open-end credit card account can a due date on the monthly billing statement vary if the usual due date lands on a Sunday? Example: A due date is usually the 27th of the month. However, 8/27/23 is a Sunday so my billing statement reflects the due date as 8/28/23 this month. 

A: The answer to this question depends on how the bank determines their due date and/or whether this change will be adjusted. The regulation provides the following guidance: 

"6. Same day each month. The requirement that the due date be the same day each month means that the due date must generally be the same numerical date. For example, a consumer's due date could be the 25th of every month. In contrast, a due date that is the same relative date but not numerical date each month, such as the third Tuesday of the month, generally would not comply with this requirement. However, a consumer's due date may be the last day of each month, even though that date will not be the same numerical date. For example, if a consumer's due date is the last day of each month, it will fall on February 28th (or February 29th in a leap year) and on August 31st. 
 
7. Change in due date. A creditor may adjust a consumer's due date from time to time provided that the new due date will be the same numerical date each month on an ongoing basis. For example, a creditor may choose to honor a consumer's request to change from a due date that is the 20th of each month to the 5th of each month, or may choose to change a consumer's due date from time to time for operational reasons. See comment 2(a)(4)-3 for guidance on transitional billing cycles."  

https://www.consumerfinance.gov/rules-policy/regulations/1026/7/#7-b-11-Interp-6 
 
"(A) The due date for a payment. The due date disclosed pursuant to this paragraph shall be the same day of the month for each billing cycle." 

https://www.consumerfinance.gov/rules-policy/regulations/1026/7/#b-11-i-A 

Compliance Alliance offers a comprehensive suite of compliance management solutions. To learn how to put them to work for your bank, call (888) 353-3933 or email [email protected] and ask for our Membership Team.

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