UPDATED CALL TO ACTION: Protect Your Points!

Last week, an urgent CALL TO ACTION requested your assistance to help tell Congress to reject the proposed CCCA (Credit Card Competition Act) dual routing mandate. Congress is working through the complex process of considering appropriations bills and there is concern that Senator Durbin and Senator Marshall (co-sponsor) of this legislation will attempt to add the CCCA language as an amendment to one of these “must pass” bills.

That initial call to action resulted in a 40 percent click rate, so if you already clicked the link that generated an email to Senators Rounds and Thune, thank you! But if not, it's linked again here. Your voice matters and it's making a difference! Please continue to advocate and support our industry by telling Senators Rounds and Thune that we STRONGLY OPPOSE this measure as an amendment to ANY appropriation bill or stand-alone bill.

There are two additional sites consumers can utilize to make sure our voices are heard by Congress. We want Congress to know we want our points protected! You can send Senators Rounds and Thune messages from https://thepointsguy.com/protect-your-points/ and https://www.airlines.org/protect-our-points/ to urge their rejection of the proposed CCCA! Consider sharing these resources and advocacy sites with your customers, as well.

Banks Never Ask That 2023 Campaign to Kick Off NEXT WEEK!

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).

Emerging Leader Summit to be Held on October 17-18

The 2023 SDBA NEXT STEP: Emerging Leaders Summit, which will be held at the Casey Tibbs Rodeo Center Museum in Pierre/Fort Pierre, SD, on Tuesday and Wednesday, October 17 & 18! The agenda is stacked with engaging, dynamic, energetic and leadership-driven speakers who are ready to amp up our emerging leaders in the banking industry. There are also several optional tours and events at no extra charge for all registered attendees!

We frequently receive questions from our members like: "What is the Emerging Leader Program?" or "Who qualifies as an 'emerging leader'?" or "Who can come to SDBA's events that has Emerging Leaders-centered programming?"

It can be kind of intimidating to be asked to be or considered as a leader, no matter the capacity or situation. But truth is, and the answers to the questions above are simple: if you are looking to advance your banking career, advocate for your industry, inspire the next generation of banking professionals, or prepare your successor, you are welcome and encouraged to register and attend SDBA's events that include Emerging Leader programming. There are no titles, prerequisites or prior events and courses you need to attend either.

Click here to review the agenda and register for the event.

Register for SDBA's Annual Security Seminar | October 19, Sioux Falls

The SDBA is hosting the Annual Security Seminar on Thursday, October 19, at the Best Western PLUS Ramkota Hotel and Conference Center in Sioux Falls. This well-rounded seminar focuses on a range of issues of concern to security officers, facility personnel, and management. Using current trends and examples, a variety of topics will be covered:

National Security Update | AI: What is Ahead

Active Shooter: The Warning Signs

Conducting a Physical Security Review and Risk Assessment

Focus Group and Case Studies

Internal Fraud: A Look at the Thieves from Within

Security officers or directors, operations managers, auditors, HR directors, legal staff, loan officers, disaster recovery managers, collection staff and fraud investigators would all benefit from attending the Security Seminar.

For more information and to register, click here.

Senate Committee Advances Cannabis Banking Legislation

A proposed rewrite of a cannabis banking bill cleared the Senate Banking Committee by bipartisan vote today. The committee voted 14-9 to advance the SAFER Banking Act to the full Senate for consideration, with only a technical amendment made to clean up the bill’s text. The legislation, a revised version of the SAFE Banking Act, would enable financial institutions to serve legitimate cannabis businesses in states where it is legal.

Committee Chairman Sherrod Brown (D-Ohio) told senators that regardless of how they feel about the legalization of marijuana, the bill was necessary to make it safer for businesses and service providers to operate in states that have legalized cannabis. “Cannabis policies look different in different states, but legal cannabis small businesses and their employees are running into many of the same issues,” he said. “One of these issues is access to financial services.”

In a statement after the vote, American Bankers Association President and CEO Rob Nichols said the bill was urgently needed to resolve the ongoing conflict between state and federal law so that banks can serve state-authorized cannabis and cannabis-related businesses while enhancing public safety, tax collection and financial transparency. “The status quo is simply untenable for consumers, small businesses and banks operating in states where cannabis is legal,” he said.

View the article here.

OCC: Bank Supervision Operating Plan for Fiscal Year 2024 Released

The OCC’s Bank Supervision Operating Plan for fiscal year (FY) 2024 was released on September 28, 2023. The plan outlines the OCC’s supervision priorities and objectives for the year. It also facilitates the implementation of supervisory strategies for individual national banks, federal savings associations, federal branches and agencies of foreign banking organizations, and third-party service providers subject to OCC examination. OCC staff uses this plan to guide its supervisory priorities, planning, and resource allocations.

Key areas of heightened focus for supervisory strategies in FY 2024:

Asset and liability management
Credit
Allowance for credit losses
Cybersecurity
Operations
Digital ledger technology activities
Change management
Payments
Bank Secrecy Act/anti-money laundering/countering the financing of terrorism and Office of Foreign Assets Control
Consumer compliance
Community Reinvestment Act
Fair lending

The OCC provides periodic updates about supervisory priorities, emerging risks, and horizontal risk assessments in the Semiannual Risk Perspective in the fall and spring.

CISA News: Are your Cybersecurity Month Plans in place?

o Use Strong Passwords & Passphrases
o Turn on MFA
o Educate, recognize & report phishing
o Update software

View the CISA Cybersecurity Awareness Month page here.

QUESTION OF THE WEEK

Q: Can I issue an access device off of a HELOC?

A: While not prohibited, there are some risks to keep in mind. The main federal compliance issue is that debit cards issued for HELOCs are generally considered "credit cards" for Regulation Z purposes, subjecting them to the Regulation Z credit card provisions.

Regulation Z's Commentary to 12 CFR 1026.2(a)(15)-2(ii)(C) states that "if a line of credit can also be accessed by a card (such as a debit card), that card is a credit card for purposes of §1026.2(a)(15)(i)", meaning that the debit card falls under Regulation Z's definition of "credit card".

https://www.consumerfinance.gov/rules-policy/regulations/1026/2/#2-a-15-Interp-2-ii-C

Further, in accordance with 12 CFR 1026.12(d), since the debit card would be a "credit card" under Regulation Z, the bank would generally lose its right of offset under the regulation.

https://www.consumerfinance.gov/rules-policy/regulations/1026/12/#d

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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