Regulatory Compliance
There’s no question today’s consumers have high expectations. As financial services companies wrestle with the laws and consumer demands, here are a few points to consider: While digital delivery channels may be new, the underlying credit product remains the same. With digital delivery, adhere to credit regulations, but build in enhanced policies and technological protocols. Consult your legal, risk and compliance teams regularly. Embrace the multitude of delivery methods, including email, text, digital display and beyond. When using the latest technology, you need to work with the right partners. They can help you respect the data and consumer privacy laws, which is the foundation on which strategies should be built. Learn more
Consumers and businesses alike have been hyper-focused on all things data over the past several months. From the headlines surrounding social media privacy, to the flurry of spring emails we’ve all received from numerous brands due to the recent General Data Protection Regulation (GDPR) going into effect in Europe, many are trying to assess the data “sweet spot.” In the financial services space, lenders and businesses are increasingly seeking to leverage enhanced digital marketing channels and methods to deliver offers and invitations to apply. But again, many want to know, what are the data rules and how can they ensure they are playing it safe in such a highly regulated environment. In an Experian-hosted webinar, Credit Marketing in the Digital Age, the company recently featured a team of attorneys from Venable LLP’s award-winning privacy and advertising practice. There’s no question today’s consumers expect hyper-targeted messages and user experiences, but with the number of data breaches on the rise, there is also the concern around data access. Who has my data? Is it safe? Are companies using it in the appropriate way? As financial services companies wrestle with the laws and consumer expectations, the Venable legal team provided a few insights to consider. While the digital delivery channels may be new, the underlying credit product remains the same. A prescreened offer is a prescreened offer, and an application for credit is still an application for credit. The marketing of these and other credit products is governed by an array of pre-existing laws, regulations, and self-regulatory principles that combine to form a unique compliance framework for each of the marketing channels. Adhere to credit regulations, but build in enhanced policies and technological protocols with digital delivery. With digital delivery of the offer, lenders should be thinking about the additional compliance aspects attached to those varying formats. For example, in the case of digital display advertising, you should pay close attention to ensuring delivery of the ad to the correct consumer, with suitable protections in place for sharing data with vendors. Lenders and service providers also should think about using authentication measures to match the correct consumer with a landing page containing the firm offer along with the appropriate disclosures and opt-outs. Strong compliance policies are important for all participants in this process. Working with a trusted vendor that has a commitment to data security, compliance by design, and one that maintains an integrated system of decisioning and delivery, with the ability to scrub for FCRA opt-outs, is essential. Consult your legal, risk and compliance teams. The digital channels raise questions that can and must be addressed by these expert audiences. It is so important to partner with service providers that have thought this through and can demonstrate a compliance framework. Embrace the multitude of delivery methods. Yes, there are additional considerations to think about to ensure compliance, but businesses should seek opportunities to reach their consumers via email, text, digital display and beyond. Also, digital credit offers need not replace mail and phone and traditional channels. Rather, emerging digital channels can supplement a campaign to drive the response rates higher. In Mary Meeker’s annual tech industry report, she touched on a phenomenon called the “privacy paradox” in which companies must balance the need to personalize their products and services, but at the same time remain in good favor with consumers, watchdog groups and regulators. So, while financial services players have much to consider in the regulatory space, the expectation is they embrace the latest technology advancements to interact with their consumers. It can be done and the delivery methods exist today. Just ensure you are working with the right partners to respect the data and consumer privacy laws.
Alternative credit data. Enhanced digital credit marketing. Faster, integrated decisioning. Fraud and identity protections. The latest in technology innovation. These were the themes Craig Boundy, Experian’s CEO of North America, imparted to an audience of 800-plus Vision guests on Monday morning. “Technology, innovation and new sources of data are fusing to create an unprecedented number of new ways to solve pressing business challenges,” said Boundy. “We’re leveraging the power of data to help people and businesses thrive in the digital economy.” Main stage product demos took the shape of dark web scans, data visualization, and the latest in biometric fraud scanning. Additionally, a diverse group of breakout sessions showcased all-new technology solutions and telling stats about how the economy is faring in 2018, as well as consumer credit trends and preferences. A few interesting storylines of the day … Regulatory Under the Trump administration, everyone is talking about deregulation, but how far will the pendulum swing? Experian Sr. Director of Regulatory Affairs Liz Oesterle told audience members that Congress will likely pass a bill within the next few days, offering relief to small and mid-sized banks and credit unions. Under the new regulations, these smaller players will no longer have to hold as much capital to cover losses on their balance sheets, nor will they be required to have plans in place to be safely dismantled if they fail. That trigger, now set at $50 billion in assets, is expected to rise to $250 billion. Fraud Alex Lintner, Experian’s President of Consumer Information Services, reported there were 16.7 million identity theft victims in 2017, resulting in $16.8 billion in losses. Need more to fear? There is also a reported 323k new malware samples found each day. Multiple sessions touched on evolving best practices in authentication, which are quickly shifting to biometrics-based solutions. Personal identifiable information (PII) must be strengthened. Driver’s licenses, social security numbers, date of birth – these formats are no longer enough. Get ready for eye scans, as well as voice and photo recognition. Emerging Consumers The quest to understand the up-and-coming Millennials continues. Several noteworthy stats: 42% of Millennials said they would conduct more online transactions if there weren’t so many security hurdles to overcome. So, while businesses and lenders are trying to do more to authenticate and strengthen security, it’s a delicate balance for Millennials who still expect an easy and turnkey customer experience. Gen Z, also known as Centennials, are now the largest generation with 28% of the population. While they are just coming onto the credit scene, these digital natives will shape the credit scene for decades to come. More than ever, think mobile-first. And consider this … it's estimated that 25% of shopping malls will be closed within five years. Gen Z isn’t shopping the mall scene. Retail is changing rapidly! Economy Mortgage originations are trending up. Consumer confidence, investor confidence, interest rates and home sales are all positive. Unemployment remains low. Bankcard originations have now surpassed the 2007 peak. Experian’s Vice President of Analytics Michele Raneri had glowing remarks on the U.S. economy, with all signs pointing to a positive 2018 across the board. Small business loan volumes are also up 10% year-to-date versus the same time last year. Keynote presenters speculate there could be three to four rate hikes within the year, but after years of no hikes, it’s time. Data There are 2.5 quintillion pieces of data created daily. And 80% of what we know about a consumer today is the result of data generated within the past year. While there is no denying there is a LOT of data, presenters throughout the day talked about the importance of access and speed. Value comes with more APIs to seamlessly connect, as well as data visualization solutions like Tableau to make the data easier to understand. More Vision news to come. Gain insights and news throughout the day by following #ExperianVision on Twitter.
June 2018 will mark the one-year anniversary of the National Institute of Standards and Technology (NIST) release of Special Publication 800-63-3, Digital Identity Guidelines. While federal agencies are the most directly impacted, this guidance signals a seismic shift in identity proofing across the entire ecosystem of consumers, private sector businesses and public sector agencies. It’s the clearest claim I’ve seen to date that traditional, and rather basic, personally identifiable information (PII) verification should no longer be trusted for remote user interaction. For those of us in the fraud and identity space, this isn’t a new revelation, but one we as an industry have been dealing with for years. As the data breach floodgates continue to be pushed further open, PII is a commodity for the fraudsters, evident in PII prices on the dark web, which are often lower than your favorite latte. Identity-related schemes have increased due to fraud attacks shifting away from card compromise (due to the U.S. rollout of chip-and-signature cards), double-digit growth in online and mobile consumer channels, and high-profile fraud events within both the public and private sector. It’s no shock that NIST has taken a sledgehammer to previous guidance around identity proofing and replaced it with an aggressive and rather challenging set of requirements seemingly founded in the assumption that all PII (names, addresses, dates of birth, Social Security numbers, etc.) is either compromised or easily can be compromised in the future. So where does this leave us? I applaud the pragmatic approach to the new NIST standards and consider it a signal to all of us in the identity marketplace. It’s aggressive and aspirational in raising the bar in identity proofing and management. I welcome the challenge in serving our public sector clients, as we have done for nearly a decade. Our innovative approach to layered levels of identity verification, validation, risk assessment and monitoring adhere to the recommendations of the new NIST standards. I do, however, recommend that any institution applying these standards to their own processes and applications ensure they place equal focus on comparable alternatives for those addressable populations and users who are likely to either opt out of, or fail, initial verification steps stringently aligned with the new requirements. While too early to accurately forecast, it’s relatively safe to assume that the percentage of the population “falling out of the process” may easily be counted in the double digits. It’s only through advanced analytics and technology reliant on a significant breadth and depth of identity data and observations that we can provide trust and confidence across such a diverse population in age, demographics, expectations and access.
The U.S. Senate Banking Committee passed a financial regulatory relief bill (S. 2155) in December 2017 aimed at reducing regulatory burdens on community banks, credit unions and smaller regional banks. Committee Chairman Senator Mike Crapo (R-ID), sponsored the bill, which has strong bipartisan support, with 23 cosponsors (11 Republicans and 12 Democrats and an independent). The package is likely to be considered by the full Senate in early 2018. The legislation includes two provisions related to consumer credit reporting. Both were adopted, in part, in reaction to the Equifax data breach. As the bill moves through the legislative process during 2018, it will be important for all participants in the consumer credit ecosystem to be aware of the potential changes in law. One provision deals with fraud alerts and credit freezes for consumers and the other deals with how medical debt is processed for veterans who seek medical treatment outside the VA system. Credit Freezes The bill amends the Fair Credit Reporting Act to provide consumers with the ability to freeze/unfreeze credit files maintained by nationwide credit reporting agencies at no cost, and would extend the time period for initial fraud alerts from 90 days to one year. The credit freeze provisions would also establish a process for parents and guardians to place a freeze on the file of a minor at no cost. The bill would require the nationwide credit reporting agencies to create webpages with information on credit freezes, fraud alerts, active duty alerts and pre-screen opt-outs and these pages would be linked to the FTC’s existing website, www.IdentityTheft.gov. The credit freeze and minor freeze provisions would preempt State laws and create a national standard. Protections for Veterans The bill also incorporates a provision that would prohibit credit bureaus from including debt for health-care related services that the veteran received through the Department of Veterans Affairs’ Choice Program. The provision would cover debt that the veteran incurred in the previous year, as well as any delinquent debt that was fully paid or settled. The legislation would require a consumer reporting agency to delete medical debt if it receives information from either the veteran or the VA that the debt was incurred through the Veteran’s Choice Program. What’s next The bill now awaits consideration before the full Senate. Senate Majority Leader Mitch McConnell has said that the bill is a “candidate for early consideration” in 2018, but the exact timing of floor debate has yet to be scheduled. Once the package passes the Senate, it will need to be reconciled with the regulatory relief package that was passed by the House last spring.
In March 2015, Experian, Equifax and Trans Union announced an agreement to enhance collecting accurate consumer information and providing consumers with a better experience interacting with the National Credit Reporting Agencies (CRA’s) about their credit reports, through the National Consumer Assistance Plan (NCAP). Since then, a series of mandatory updates to data reporting and collections procedures have been announced and implemented. Have you made the required changes and are you prepared for the next implementation? Understanding how these changes affect your business and reporting processes can be difficult to navigate. Some of these changes affect all data furnishers while others are relevant to collection agencies and debt buyers only. Here’s what you need to know: What’s coming up that ALL consumer data furnishers need to know? Effective Sept. 15, 2017, new requirements for reporting personally identifiable information will be in place. This new minimum standard will apply to accounts reported with a date opened after Sept. 15, 2017 and must be included for the CRAs to accept these records for processing. Following the Metro 2® Format, furnishers must report: Full name (First, middle or middle initial (if available), last and generation code/ suffix) Address Full Social Security Number (If full Social Security Number is not available, full Date of Birth (mmddyyyy) will be required) Date of birth (mmddyyyy) As of Feb. 1, 2018, consumer data will no longer be accepted by the CRAs in the older MetroTM format. Prior to the effective date you will need to take the necessary action to ensure that your organization will convert to the Metro 2® Format. You can access information about the Metro 2® Format on the Consumer Data Industry Association website. Should you have any questions about your Experian conversion, we’re here to help, contact us at Experian Experian_Metro2_Conv@experian.com Do you report Authorized User trades? Effective Sept. 15, 2017 you must report the full date of birth for newly added authorized users on all pre-existing and newly opened accounts. If you are a collection agency or debt buyer, the following changes are ALSO applicable to your business: As of Sept. 15, 2017, you will need to stop reporting medical debt collection accounts until they are at least 180 days past the date of first delinquency with the original creditor and delete any accounts that are being paid by insurance or paid in full through insurance. Effective Sept. 1, 2016, you must report a full file monthly. This means reporting all accounts monthly, including open collection accounts, collection accounts paid in full, and accounts requiring deletion or correction. In June 2016, the CRA’s agreed to adopt a certain industry standard with respect to the reporting of debts that did not arise from a contract or agreement to pay. Experian’s policy even prior to June 2016 is not to accept any data that falls outside of a contract or agreement to pay including, but not limited to, certain fines, tickets, and other assessments. For example, library fees or fines, parking tickets, speeding tickets, and court fees or fines. Also, the name of the Original Creditor and Creditor Classification Code became requirements to include in all reporting per the Metro 2® Format. These changes are important to the quality of our data and ultimately provide a positive impact to the consumer and your business. Are you prepared?
On June 7, the Consumer Financial Protection Bureau (CFPB) released a new study that found that the ways “credit invisible” consumers establish credit history can differ greatly based on their economic background. The CFPB estimated in its May 2015 study "Data Point: Credit Invisibles" that more than 45 million American consumers are credit invisible, meaning they either have a thin credit file that cannot be scored or no credit history at all. The new study reviewed de-identified credit records on more than one million consumers who became credit visible. It found that consumers in lower-income areas are 240 percent more likely to become credit visible due to negative information, such as a debt in collection. The CFPB noted consumers in higher-income areas become credit visible in a more positive way, with 30 percent more likely to become credit visible by using a credit card and 100 percent more likely to become credit visible by being added as a co-borrower or authorized user on someone else’s account. The study also found that the percentage of consumers transitioning to credit visibility due to student loans more than doubled in the last 10 years. CFPB’s research highlights the need for alternative credit data The new study demonstrates the importance of moving forward with inclusion of new sources of high-quality financial data — like on-time payment data from rent, utility and telecommunications providers — into a consumer’s credit file. Experian recently outlined our beliefs on the issue in comments responding to the CFPB’s Request for Information on Alternative Data. As a brand, we have a long history of using alternative credit data to help lenders make better lending decisions. Extensive research has shown that there is an immense opportunity to facilitate greater access to fair and affordable credit for underserved consumers through the inclusion of on-time telecommunications, utility and rental data in credit files. While these consumers may not have a traditional credit history, many make on-time payments for telephone, rent, cable, power or mobile services. However, this data is not typically being used to enhance traditional credit files held by the nationwide consumer reporting agencies, nor is it being used in most third-party or custom credit scoring models. Further, new advances in financial technology and data analytics through account aggregation platforms are also integral to the credit granting process and can be applied in a manner to broaden access to credit. Experian is currently using account aggregation software to obtain consumer financial account information for authentication and income verification to speed credit decisions, but we are looking to expand this technology to increase the collection and utilization of alternative data for improving credit decisions by lenders. Policymakers should act to help credit invisible consumers While Experian continues to work with telecommunications and utility companies to facilitate the furnishing of on-time credit data to the nationwide consumer reporting agencies, regulatory barriers continue to exist that deter utility and telecommunications companies from furnishing on-time payment data to credit bureaus. To help address this issue, Congress is currently considering bipartisan legislation (H.R. 435, The Credit Access and Inclusion Act of 2017) that would amend the FCRA to clarify that utility and telecommunication companies can report positive credit data, such as on-time payments, to the nation' s credit reporting bureaus. The legislation has bipartisan support in Congress and Experian encourages lawmakers to move forward with this important initiative that could benefit tens of millions of American consumers. In addition, Experian believes policymakers should more clearly define the term alternative data. In public policy debates, the term "alternative data" is a broad term, often lumping data sources that can or have been proven to meet regulatory standards for accuracy and fairness required by both the Fair Credit Reporting Act and the Equal Credit Opportunity Act with data sources that cannot or have not been proven to meet these standards. In our comment letter, Experian encourages policymakers to clearly differentiate between different types of alternative data and focus the consumer and commercial credit industry on public policy recommendations that will increase the use of those sources of data that have or can be shown to meet legal and societal standards for accuracy, validity, predictability and fairness. More info on Alternative Credit Data More Info on Alternative Financial Services
The 1990s brought us a wealth of innovative technology, including the Blackberry, Windows 98, and Nintendo. As much as we loved those inventions, we moved on to enjoy better technology when it became available, and now have smartphones, Windows 10 and Xbox. Similarly, technological and modeling advances have been made in the credit scoring arena, with new software that brings significant benefits to lenders who use them. Later this year, FICO will retire its Score V1, making it mandatory for those lenders still using the old software to find another solution. Now is the time for lenders to take a look at their software and myriad reasons to move to a modern credit score solution. Portfolio Growth As many as 70 million Americans either have no credit score or a thin credit file. One-third of Millennials have never bothered to apply for a credit card, and the percentage of Americans under 35 with credit card debt is at its lowest level in more than 25 years, according to the Federal Reserve. A recent study found that Millennials use cash and debit cards much more than older Americans. Over time, Millennials without credit histories could struggle to get credit. Are there other data sets that provide a window into whether a thin file consumer is creditworthy or not? Modern credit scoring models are now being used in the marketplace without negatively impacting credit quality. For example, VantageScore 3.0 allows for the scoring of 30 million to 35 million more people consumers who are typically unscoreable by other traditional generic credit models. VantageScore 3.0 does this by using a broader, deeper set of credit file data and more advanced modeling techniques. This allows the VantageScore model to more accurately predict unique consumer behaviors—is the consumer paying his utility bill on time?—and better evaluate thin file consumers. Mitigate Risk In today’s ever-changing regulatory landscape, lenders can stay ahead of the curve by relying on innovative credit score models like VantageScore. These models incorporate the best of both worlds by leaning on innovative scoring analytics that are more inclusive, while providing marketplace lenders with assurances the decisioning is both statistically sound and compliant with fair lending laws. Newer solutions also offer enhanced documentation to ease the burden associated with model risk management and regulatory compliance responsibilities. Updated scores Consumer credit scores can vary depending on the type of scoring model a lender uses. If it's an old, outdated version, a consumer might be scored lower. If it's a newer, more advanced model, the consumer has a better shot at being scored more fairly. Moving to a more advanced scoring model can help broaden the base of potential borrowers. By sticking to old models—and older scores—a sizable number of consumers are left at a disadvantage in the form of a higher interest rate, lower loan amount or even a declined application. Introducing advanced scoring models can provide a more accurate picture of a consumer. As an example, for many of the newest consumer risk models, like FICO Score 9, a consumer’s unpaid medical collection agency accounts will be assessed differently from unpaid non-medical collection agency accounts. This isn't true for most pre-2012 consumer risk score versions. Each version contains different nuances for increasing your score, and it’s important to understand what they are. Upgrading your credit score to the latest VantageScore credit score or FICO solution is easier than you think, with a switch to a modern solution taking no longer than eight weeks and your current business processes still in place. Are you ready to reap the rewards of modern credit scoring?
So many insights and learnings to report after the first full day of 2017 Vision sessions. From the musings shared by tech engineer and pioneer Steve Wozniak, to a panel of technology thought leaders, to countless breakout sessions on a wide array of business topics … here’s a look at our top 10 from the day. A mortgage process for the digital age. At last. In his opening remarks, Experian President of Credit Services Alex Lintner asked the audience to imagine a world when applying for a mortgage simply required a few clicks or swipes. Instead of being sent home to collect a hundred pieces of paper to verify employment, income and assets, a consumer could click on a link and provide a few credentials to verify everything digitally. Finally, lenders can make this a reality, and soon it will be the only way consumers expect to go through the mortgage process. The global and U.S. economies are stable. In fact, they are strong. As Experian Vice President of Analytics Michele Raneri notes, “the fundamentals and technicals look really solid across the countries.” While many were worried a year ago that Brexit would turn the economy upside down, it appears everything is good. Consumer confidence is high. The Dow Jones Index is high. The U.S. unemployment rate is at 4.7%. Home prices are up year-over-year. While there has been a great deal of change in the world – politically and beyond – the economy is holding strong. The rise of the micropreneur. This term is not officially in the dictionary … but it will be. What is it? A micropreneur is a business with 0 to 4 employees bringing in no more than $200k in annual revenue. But the real story is that numbers show microbusiness are improving on many fronts when it comes to contribution to the economy and overall performance compared to other small businesses. Keep an eye on these budding business people. Fraud is running fierce. Synthetic identity losses are estimated in the hundreds of millions annually, with 50% year-over year growth. Criminals are now trying to use credit cleaners to get tradelines removed from used Synthetic IDs. Oh, and it is essential for businesses to ready themselves for “Dark Web” threats. Experts advise to harden your defenses (and play offense) to keep pace with the criminal underground. As soon as you think you’ve protected everything, the criminals will find a gap. The cloud is cool and so are APIs. A panel of thought leaders took to the main stage to discuss the latest trends in tech. Experian Global CIO Barry Libenson said, “The cloud has changed the way we deliver services to our customers and clients, making it seamless and elastic.” Combine that with API, and the goal is to ultimately make all Experian data available to its customers. Experian President of Decision Analytics Steve Platt added, “We are enabling you to tap into what you need, when you need it.” No need to “rip and replace” all your tech. Expect more regulation – and less. A panel of regulatory experts addressed the fast-changing regulatory environment. With the new Trump administration settling in, and calls for change to Dodd-Frank and the Consumer Financial Protection Bureau (CFPB), it’s too soon to tell what will unfold in 2017. CFPB Director Richard Cordray may be making a run for governor of Ohio, so he could be transitioning out sooner than the scheduled close of his July 2018 term. The auto market continues to cruise. Experian’s auto expert, Malinda Zabritski, revealed the latest and greatest stats pertaining to the auto market. A few numbers to blow your mind … U.S. passenger cars and light trucks surpassed 17 million units for the second consecutive year Most new vehicle buyers in the U.S. are 45 years of age or older Crossover and sport utility vehicles remain popular, accounting for 40% of the market in 2016 – this is also driving up finance payments since these vehicles are more expensive. There are signs the auto market is beginning to soften, but interest rates are still low, and leasing is hot. Defining alternative data. As more in the industry discuss the need for alternative data to decision, it often gets labeled as something radical. But in reality, alternative data should be simple. Experian Sr. Director of Government Affairs Liz Oesterle defined it as “getting more financial data in the system that is predicted, validated and can be disputed.” #DeathtoPasswords – could it be a reality? It’s no secret we live in a digital world where we are increasingly relying on apps and websites to manage our lives, but let’s throw out some numbers to quantify the shift. In 2013, the average U.S. consumer had 26 online accounts. By 2015, that number increased to 118 online accounts. By 2020, the average person will have 207 online accounts. When you think about this number, and the passwords associated with these accounts, it is clear a change needs to be made to managing our lives online. Experian Vice President David Britton addressed his session, introducing the concept of creating an “ultimate consumer identity profile,” where multi-source data will be brought together to identify someone. It’s coming, and all of us managing dozens of passwords can’t wait. “The Woz.” I guess you needed to be there, but let’s just say he was honest, opinionated and notes that while he loves tech, he loves it even more when it enables us to live in the “human world.” Too much wonderful content to share, but more to come tomorrow …
In a May 4 speech before the ACA International Conference in Washington, FCC Commissioner Michael O’Rielly criticized the FCC’s past decisions on Telephone Consumer Protection Act (TCPA) and outlined his vision on the direction that the new Commission should head to provide more certainty to businesses. Commissioner O’Rielly noted that prior decisions by the FCC and courts have “expanded the boundaries of TCPA far beyond what I believe Congress intended.” He said that the new leadership at the Commission and a new Bureau head overseeing TCPA, provides the FCC with the opportunity to “undo the misguided and harmful TCPA decisions of the past that exposed legitimate companies to massive legal liability without actually protecting consumers.” O’Rielly laid out three principles that he thought would help to frame discussions and guide the development of replacement rules. First, he said that legitimate businesses need to be able to contact consumers to communicate information that they want, need or expect to receive. This includes relief for informational calls, as well as valid telemarketing calls or texts. Second, Commissioner O’Rielly said that FCC should change the definition of an autodialer so that valid callers can operate in an efficient manner. He went on to say that if FCC develops new rules to clarify revocation of consent, it should do so in a clear and convenient way for consumers, but also does not upend standard best practices of legitimate companies. Third, O’Rielly said that the FCC should focus on actual harms and bad actors, not legitimate companies. While Commissioner O’Rielly’ s comments signal his approach to TCPA reform, it is important to note that FCC action on the issue us unlikely to happen overnight. A rule must be considered by the Commission, which will have to allow for public notice and comment. Experian will continue to monitor regulatory and legislative developments on TCPA.
As we enter May, a month dedicated to recognizing our U.S. Armed Forces, it’s only fitting to think about how we are honoring this special group of people. Yes, there will likely be car deals, coupons, and even a few beautiful ceremonies, but as both lawmakers and leaders have recognized, these individuals and their families deserve protections every day. Especially in the financial services universe. There should be no exorbitant fees. No excessively high interest rates. And when they are called to active-duty, they should have avenues to ease their financial commitments and/or exit out of lease agreements. Thankfully, the Servicemembers Civil Relief Act (SCRA) and a strengthened Military Lending Act (MLA) were introduced to help. In fact, we are in year one of the enhanced MLA Final Rule in which compliance was mandated by Oct. 3, 2016. The extended MLA protections include a 36% Military Annual Percentage Rate (MAPR) cap to a wider range of credit products, including payday loans, vehicle title loans, refund application loans, deposit advance loans, installment loans and unsecured open-end lines of credit. The cap additionally applies to fees tacked on for credit-related ancillary products including finance charges and certain application and participation fees. The amended rule covers credit offered or extended to active-duty service members and their dependents, if the credit is subject to a finance charge or is payable by written agreement in more than four installments. And finally, one of the most important additions is that creditors must verify active-duty and dependents at origination. Right now, this can be accomplished by either working with a bureau, like Experian, or by vetting lists directly with the Department of Defense’s (DOD) own database. To continue to help with client need, the bureaus are working with the DOD and financial institutions to ensure alignment in delivery of military member and dependent data for a consistent, immediate and accurate MLA verification process. While much has been introduced over the past year to strengthen protections, there is still more to come. The compliance date for credit cards is Oct. 3, 2017. To date, the MLA status of millions upon millions of consumer credit applications have been verified, ensuring our military members and their dependents receive the financial protections they are entitled to under law. There are roughly 3.4 million military members and dependents in the MLA database, and this is an audience who sacrifices a great deal for our country. Thankfully, protections are finally being enforced to ensure they are taken care of too.
Investors and financial institutions continue to invest in fintech to help meet the dynamic expectations of consumers who want fast, easy and hassle-free access to new financial products and services. Just last week, in his annual letter to shareholders, JP Morgan Chase CEO Jamie Dimon noted that the bank has invested approximately $600 million “on emerging fintech solutions – which include building and improving digital and mobile services and partnering with fintech companies.” Meanwhile, policymakers in Washington continue to grapple with how to spur responsible innovation and how fintech fits into the existing regulatory paradigm. The Office of the Comptroller of the Currency (OCC) continues to move forward with the development of a special purpose national charter for fintech lenders. On March 15, the OCC issued a draft supplement to its existing Licensing Manual that describes how the agency “will apply the licensing standards and requirements in its existing regulations and policies to fintech companies applying for a special purpose national bank charter.” The draft manual, which is open for a 30-day public comment period ending April 14, 2017, would prohibit fintech lenders from offering products “with predatory features” or entities that inappropriately mingle banking and commerce. The agency also defended its legal authority to make the move without a new law from Congress or any formal rulemaking process, saying it’s doing nothing more than expanding a longstanding practice. At the same time, a group of House Republicans, led by House Financial Services Committee Chairman Jeb Hensarling (R-Tex.), has asked Comptroller of the Currency Thomas Curry to slow down plans to grant special charters to fintech firms. In the letter, the lawmakers state that OCC should provide “full and fair opportunity” for public comment on standards for granting fintech charters and allow President Trump’s pick for the next comptroller to weigh in. The lawmakers go on to say that if OCC “proceeds in haste” to create new limited-purpose charter for fintech, Congress will examine the agency’s actions and “if appropriate, overturn them.” The issue will likely continue to bubble under the surface as Congress and the Trump Administration tackle larger issues such as tax reform, infrastructure spending and possibly wider financial services reform. However, the fintech charter is a legacy item for Comptroller Curry and he is likely to seek to move this to closure given that his term expires at the end of April (although he would remain in place until President Trump nominates and confirms his replacement).
Prescreen, prequalification and preapproval. The terms sound similar, but lenders beware. These credit solutions are quite different and regulations vary depending on which product is utilized. Let’s break it down … What’s involved with a Prescreen? Prescreen is a behind-the-scenes process that screens consumers for a firm offer of credit without their knowledge. Typically, a Credit Reporting Agency, like Experian, will compile a list of consumers who meet specific credit criteria, and then provide the list to a lending institution. Consumers then see messaging like, “You have been approved for a new credit card.” Sometimes, marketing offers use the phrase “You have been preapproved,” but, by definition, these are prescreened offers and have specific notice and screening requirements. This solution is often used to help credit grantors reduce the overall cost of direct mail solicitations by eliminating unqualified prospects, reducing high-risk accounts and targeting the best prospects more effectively before mailing. A firm offer of credit and inquiry posting is required. And, it’s important to note that prescreened offers are governed by the Fair Credit Reporting Act (FCRA). Specifically, the FCRA requires lenders initiating a prescreen to: Provide special notices to consumers offered credit based on the prescreened list; Extend firm offers of credit to consumers who passed the prescreening, but allows lenders to limit the offers to those who passed the prescreening; Maintain records regarding the prescreened lists; and Allow for consumers to opt-out of prescreened offers. Lenders and the Consumer Reporting Agencies must scrub the list against the opt-outs. Finally, it is important to note that a soft inquiry is always logged to the consumer’s credit file during the prescreen process. What’s involved with a Prequalification? Prequalification, on the other hand, is a consumer consent-based credit screening tool where the consumer opts-in to see which credit products they may be qualified for in real time at the point of contact. Unlike a prescreen which is initiated by the lender, the prequalification is initiated by the consumer. In this instance, envision a consumer visiting a bank and inquiring about whether or not they would qualify for a credit card. During a prequalification, the lender can actually explore if the consumer would be eligible for multiple credit products – perhaps a personal loan or HELOC as well. The consumer can then decide if they would like to proceed with the offer(s). A soft inquiry is always logged to the consumer’s credit file, and the consumer can be presented with multiple credit options for qualification. No firm offer of credit is required, but adverse action may be required, and it is up to the client’s legal counsel to determine the manner, content, and timing of adverse action. When the consumer is ready to apply, a hard inquiry must be logged to the consumer’s file for the underwriting process. How will a prequalification or prescreen invitation/offer impact a consumer’s credit report? Inquiries generated by prequalification offers will appear on a consumer’s credit report, but can only be seen by the consumer when they specifically request a report from the credit bureaus. Soft inquiries are never included in credit score calculations. For “soft” inquiries, in both prescreen and prequalification instances, there is no impact to the consumer’s credit score. However, once the consumer elects to proceed with officially applying for and/or accepting a new line of credit, the hard inquiry will be noted in the consumer’s report, and the credit score may be impacted. Typically, a hard inquiry subtracts a few points from a consumer’s credit score, but only for a year, depending on the scoring model. --- Each of these product solutions have their place among lenders. Just be careful about using the terms interchangeably and ensure you understand the regulatory compliance mandates attached to each. More info on Prequalification More Info on Prescreen
As we look ahead to 2017, big changes are on the horizon. What does it all mean for the financial services space? Here are five trends and twists coming over the next 12 months, ready to push new boundaries and in many cases improve the customer experience as it pertains to the world of credit and finance. 1. President Trump heads to Washington. The 2016 election is a distant memory. The voters have spoken, and policy makers in Washington are coming to grips with the reality that President-elect Trump and the Republicans will control all levers of government beginning mid-January. So what does this news mean for the financial services industry? Obviously, there will be realignment of policy priorities, as reflected in a new approach to regulation and legislation. Federal priorities with respect to taxation and government spending will also be realigned to reflect the economic agenda of President-elect Trump and the Republican Congress. Much of the Administration’s first 100 days is expected to be focused on healthcare reform, tax reform, national security and appointment of a Supreme Court justice. Soon, however, many expect the Trump Administration and Republican controlled Congress to move forward with a deregulatory agenda that will likely include reform of the Dodd-Frank Act and the Consumer Financial Protection Bureau. Will President-elect Trump slow down and roll back regulations relating to arbitration and payday lending, both of which are in the proposed rule stage? Trump is also likely to support efforts by Republicans in Congress to reform the CFPB’s structure, including replacing the single director with a bipartisan commission and placing the CFPB under the Congressional appropriations process. Reform of Dodd-Frank and/or the CFPB will require Republicans to gain some support from Democrats in the Senate given that 60 votes are required to break a filibuster. There may also be a continued focus on what, if any, legislative or regulatory solutions are necessary to ensure a responsible and predictable regulatory environment for the FinTech industry. What key regulations have shaped the financial services industry over the past 8 years? Learn more 2. See the customers, score more customers. Roughly 45 million Americans have either no credit history, or credit history that is too scarce or too stale to generate a credit score. Thus, innovators are seeking to expand responsible access to credit by looking to alternative forms of data and newer methods of analyzing this data to assess an applicant’s creditworthiness. From encouraging the use of rental data to utility and mobile phone payments, part of the solution rests on getting more companies to furnish credit data to the bureaus. With more insights, suddenly an “invisible” consumer becomes “newly visible.” About 80 percent of the newly visible population falls into the younger generation category. The remaining 20 percent are likely immigrants, people where one spouse had all the credit and then added their other spouse later in life, or individuals who used to have credit but have since paid off their multiple lines and gone dark. In 2017, an even greater emphasis will be on scoring more and recognizing these “newly visible.” More testing will be on alternative data sources and assessing how accurate they are in terms of predicting credit worthiness. 3. Pull it together people, the data that is. Facebook, LinkedIn, and Netflix have become essential to modern life, and consumers of all generations expect to have their data connected and aggregated online. With their expectations set by other industries, people want at-your-fingertips access to money management and credit and loan approvals—and seamless experiences. The next generation of innovative financial technology delivers all of those things. Data aggregators entered the financial services scene in the late 90s, with models “scraping” an individual’s financial information from sources such as banks, securities firms, retirement-plan custodians and insurance companies. This made it possible for financial institutions to gain some insight into their customers, but failed to create a complete financial picture. Future aggregators will elevate the game, leveraging credit data and transaction level data to quickly assess ability-to-pay, income and other assets. For example, a consumer’s checking account information will truly become a part of the lending process. This is a win-win for lenders and consumers. It will streamline the lending process, allow for faster transactions, give lenders deeper insights about their customers and potential borrowers, and help some consumers change a thin-file consumer into a thick-file. Imagine a world where income and asset verification happens in real time. No more waiting for consumers to gather and submit their W2s. No more returning to your customers and asking for even more paperwork to support their ability to pay. New income verification technology will grant lenders direct access to a consumer’s income details (as authorized by the consumer), and this will start NOW. 4. Sorry FinTech, you’re not immune to fraud. The post-recession lending environment has brought many good things to the economy. Leading the way is rapid, frictionless underwriting focused on growth and the customer experience. As a result, more online marketplace lenders have emerged with their more “flexible” approach to credit risk assessment. While a lot of good has come from this evolution in financing, new challenges have surfaced – especially as it pertains to fraud prevention and credit risk management. Many online lenders are falling victim to “loan stacking” fraud. This occurs when multiple loans are taken out by borrowers who slide through the automated underwriting process. These loopholes can result in multiple lenders making loans to the same borrowers, often within a short period, without the full picture of their rising obligations and declining ability to pay. The same scenario took place during the past-mortgage crisis as we estimated at the time that First Party fraud may have accounted for more than one-quarter of all consumer credit charge-offs. Fast forward to today and online marketplace loan volumes in the U.S. have doubled every year since 2010 with analysts predicting that volumes could reach $90 billion by 2020. Consumers love the ease of access to these online loans. So do fraudsters. As more consumers and small businesses flock to online marketplace lenders, these lenders have a growing responsibility in doing their part to report credit data to the bureaus, and mitigating fraud. How to safeguard the OML space for fraud? Learn more 5. A firm offer of credit, delivered digitally, just for me? Consumers have received digital offers for ages. Purchase a few items online, opt-in to a few sites, and your email box suddenly feels like the most popular girl in school. But where do we stand with personalized offers, especially in the financial services space? Many lenders continue to rely heavily on direct mail, but for some consumers, those offers will never be seen. Today, the world commands and demands a digital experience. And this applies to offers of credit as well. In 2017, lenders can and should target relevant credit offers to consumers in the spaces and platforms they spend the most time. Email? Yes. Online? Of course. Social media sites? It can be done. On a mobile device? Absolutely. Solutions now exist to help lenders deliver relevant, firm offers of credit to consumers via multiple digital channels, including email, display advertising and social media. In short, they can now engage with consumers in the places and channels where they are consuming media today – giving them personal offers in a sequenced, trackable manner. Bye-bye shredder. How many ways can you deliver a firm offer of credit? Learn more --- What are your predictions for 2017 as it pertains to the world of financial services? Only time will tell, but we're certain regulations and the advancements in digital will mean big changes for all over the next 12 months.
As 2016 comes to a close, many in the financial services industry are trying to assess the impact the Trump administration and Republican controlled Congress will have on regulatory issues. Answers to these questions may be clearer after President-elect Trump is inaugurated on Jan. 20. However, those in the federal regulatory environment are already exploring oversight and regulation of the FinTech and marketplace lending sector. Warning on alternative credit risk models Inquiries by federal and state policymakers over the past year have centered on how FinTech and marketplace lenders are assessing credit risk. In particular, regulators have asked about how credit models different from traditional credit scoring models and what, if any, new attributes or data are being incorporated into credit risk models for consumers and small businesses. On Dec. 2, Federal Reserve Governor Lael Brainard signaled that policymakers continue to be interested in this area during a wide-ranging speech on the potential opportunities and risks associated with FinTech. In particular, Brainard warned that “While nontraditional data may have the potential to help evaluate consumers who lack credit histories, some data may raise consumer protection concerns” and that nontraditional data “… may not necessarily have a broadly agreed upon or empirically established nexus with creditworthiness and may be correlated with characteristics protected by fair lending laws.” Brainard also suggested that there are transparency concerns with alternative scoring models, saying that “alternative credit scoring methods present new challenges that could raise questions of fairness and transparency” given that consumers may not always understand what data is used utilized and how it impacts a consumer’s ability to access credit at an affordable price. Look for regulators and Congress to continue to focus on the fairness and accuracy of new credit risk models and the data underpinning those models in debates surrounding FinTech and Marketplace lending in 2017. A national charter for FinTech? Earlier this month, the Office of the Comptroller of the Currency (OCC) announced that it was considering the creation of a national charter for FinTech lenders. There has long been speculation that the OCC would offer a national charter for FinTech. Analysts have suggested that the creation of a charter could help increase regulatory oversight of the growing market and also provide additional regulatory certainty for the emerging FinTech industry. The OCC’s proposal would create a special purpose national bank charter for FinTech businesses that are engaged in at least one of three core banking activities: receiving deposits; paying checks; or lending money. The OCC will be developing a formal agency policy for evaluating special purpose bank charters for Fintech companies that will designate the specific criteria that companies applying for a charter will have to meet for approval. OCC has suggested that this will likely focus on safety and soundness; financial inclusion; consumer protection; and community reinvestment. The OCC is collecting comments on the proposed policy through Jan. 15, 2017.
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