Removing Barriers Blog

Keeping member credit unions and leagues current on what and why we are doing for advocacy efforts including legislative, regulatory and state governmental affairs.
Posted March 30, 2018 by CUNA Advocacy

Governor Ivey signed legislation updating the Alabama Credit Union Act. The measure, H.B. 316, was championed by the League of Southeastern Credit Unions and received overwhelming support in both legislative chambers.

Posted March 30, 2018 by CUNA Advocacy

CUNA filed a comment letter on NCUA’s request for information relating to Call Report/Profile Content Modernization. The submission commended the agency’s use of working groups to develop recommendations to implement during the rulemaking process. 

Posted March 30, 2018 by Chandler Schuette

The U.S. District Court for the District of Columbia upheld two challenged portions of the National Credit Union Administration's field of membership (FOM) rule and struck down two provisions in a lawsuit filed against the agency by the American Bankers Association (ABA). CUNA, the National Association of Federally-Insured Credit Unions (NAFCU), and CUNA Mutual Group, in a joint statement, disagreed with the court's decision and reiterated their intent to continue to work in support of the agency's authority to issue this rule.

Posted March 30, 2018 by Chandler Schuette

The Consumer Financial Protection Bureau (CFPB) issued its latest request for information(RFI) this week, on the bureau’s guidance and implementation support. This is the latest in the bureau’s series of RFIs on how it performs its functions.

Posted March 29, 2018 by CUNA Advocacy

CUNA and the Financial Services Information Sharing and Analysis Center (FS-ISAC) will host a webinar with NCUA examiners to explain the new Automated Cybersecurity Examination Tool (ACET). The free webinar is scheduled for April 5, from 3 to 5 p.m. (ET), and registration is now open.

Posted March 29, 2018 by CUNA Advocacy
After several attempts, an Alabama bill requiring companies, organizations and state government to notify consumers if their personal and financial information is compromised was enacted yesterday. When S. 318 becomes effective later this year, all 50 states will have a data breach notification law. Last week, notification legislation was enacted in South Dakota, leaving Alabama as the last state without such a law. 
Posted March 29, 2018 by Chandler Schuette

CUNA’s Chief Advocacy Officer – Ryan Donovan, sent out a survey to credit union CEOs seeking input on ways the Consumer Financial Protection Bureau (CFPB) could make improvements.  As part of several initiatives calling for evidence to ensure that the CFPB is fulfilling its functions to protect consumers, the CFPB is requesting feedback and suggestions on ways to improve outcomes for both consumers and the financial providers that serve them.  

Posted March 28, 2018 by CUNA Advocacy
CUNA filed a comment letter with the Federal Housing Finance Agency (FHFA) regarding its request for input (RFI) on Fannie Mae and Freddie Mac (the Enterprises) Credit Score Requirements. We appreciate the FHFA’s inquiry into the issue of credit score requirements and encourage the FHFA to continue to work to find the right balance between safety and soundness and credit availability for American consumers.
Posted March 27, 2018 by CUNA Advocacy

CUNA and the League of Southeastern Credit Unions filed an amicus brief in another frivolous lawsuit brought against a credit union alleging violations of the Americans with Disabilities Act. The brief was filed in Scott v. Naheola CU in the U.S. District Court for the Southern District of Alabama.

Posted March 27, 2018 by CUNA Advocacy

CUNA submitted a comment letter to the NCUA regarding the agency’s proposed rule to permit employees of an insolvent credit union subject to involuntary liquidation by NCUA to receive compensation earned in accordance with their contractual employment agreements. 

Posted March 27, 2018 by Chandler Schuette

Earlier this month the D.C. Circuit issued a long-awaited ruling for a legal challenge the Federal Communications Commission’s (FCC) 2015 Omnibus Telephone Consumer Protection Act (TCPA) order was finally released on March 16, 2018.  CUNA participated in this litigation in a joint Amici brief with the ABA and ICBA.

CUNA's Senior Director of Advocacy and Counsel, Leah Dempsey, joined CUBroadcast to discuss the decision, what it means for credit unions and what could happen going forward.




Posted March 23, 2018 by CUNA Advocacy
CUNA and outside Counsel conducted a webinar to discuss the letters credit unions are receiving from a law firm inviting them to negotiate a patent licensing deal with USAA for the continued usage of remote deposit capture (RDC) technology.  According to the letter, USAA was the first to develop and patent RDC technology, and the patent licensing campaign is an effort to recover “a small and fair portion” of the value USAA has provided to the financial services industry.
Posted March 23, 2018 by CUNA Advocacy
Last night Congress passed the fiscal year 2018 omnibus bill. President Donald Trump is expected to sign the bill today to avoid a government shutdown. The bill, released on Wednesday, contains many wins for credit unions. 
Posted March 23, 2018 by Chandler Schuette

The Consumer Financial Protection Bureau (CFPB) has issued a request for information (RFI) on the bureau’s inherited regulations and inherited rulemaking authorities.  The CFPB is seeking comments and information parties to assist the bureau in considering whether it should amend the regulations or exercise the rulemaking authorities that it inherited from other federal government agencies.


Posted March 22, 2018 by CUNA Advocacy

South Dakota Governor Daugaard signed legislation, S.B. 62, requiring notification to consumers and the state attorney general when there is a “breach of system security.” 

Posted March 21, 2018 by CUNA Advocacy
NCUA Funding Source On September 14, 2017, the credit union movement scored a critical win on the floor of the House of Representatives.  Representatives Mark Amodei (R NV) and Pete Aguilar (D CA) offered a  CUNA backed amendment to
Posted March 21, 2018 by CUNA Advocacy
CUNA and the League of Southeastern Credit Unions and Affiliates (LSCU) filed a brief in support of a credit union facing a predatory lawsuit alleging noncompliance with the Americans with Disabilities Act (ADA). The brief was filed in Scott v. The Infirmary FCU in the U.S. District Court for the Southern District of Alabama.
Posted March 21, 2018 by CUNA Advocacy
The Northwest Credit Union Association (NWCUA) successfully led an effort to enact an update to the Idaho Credit Union Act. The modernization bill comes after an extensive review of the statutes by the Idaho Credit Union - State Issues Working Group, where the NWCUA team identified several areas of the state act that needed to be updated.   NWCUA then worked closely with the Idaho regulator to identify and propose common sense updates to the Act, which will be presented to the legislature for consideration, over the course of the next few years.
Posted March 19, 2018 by CUNA Advocacy
This week, both the House of Representatives and the Senate will be in session.  The current “Continuing Resolution” that funds federal government operations will expire at midnight Friday.  As a result, both chambers of Congress must pass legislation this week to fund the federal government through the end of fiscal year 2018 (September 30, 2018).  We expect this legislation will be in the form of an omnibus legislation bill encompassing funding that is normally divided into twelve separate bills.  CUNA has a number of priorities in this legislation and we will update you on the status of those priorities as information becomes available.


Posted March 18, 2018 by CUNA Advocacy
The Fifth Circuit Court of Appeals vacated the Department of Labor’s Fiduciary rule. It was found that the DOL had exceeded its statutory authority in promulgating the rule. There is a 14 day stay following the issuance of the decision and would become applicable on May 7.
Posted March 16, 2018 by Chandler Schuette
After more than a year, the long-awaited ruling by the United States Court of Appeals for the District of Columbia challenging the Federal Communications Commission’s (FCC) 2015 Omnibus Telephone Consumer Protection Act (TCPA) order was finally released on March 16, 2018.  CUNA participated in this litigation in a joint Amici brief with the ABA and ICBA. The brief outlined the following concerns with the Order to the court:
Posted March 16, 2018 by Chandler Schuette
The CFPB is looking for 12 people to join its credit union advisory council. This is a great opportunity to influence the rulemaking process and represent the credit union movement. The Bureau states that it has a special interest
Posted March 16, 2018 by CUNA Advocacy
The House or Representatives passed H.R. 4545, the CUNA-backed Financial Institutions Examination Fairness and Reform Act by a vote of 283-133. The bill was introduced by Representative Scott Tipton who cited CUNA’s examination survey when discussing the bill during a Committee markup in December
Posted March 15, 2018 by Chandler Schuette
The Consumer Financial Protection Bureau issued a Request for Information (RFI) on the Bureau’s adopted regulations and new rulemaking authorities.  According to the release, “The Bureau is seeking comments and information from interested parties to assist the Bureau in considering whether it should amend any rules it has issued since its creation or issue rules under new rulemaking authority provided for by the Dodd-Frank Act.”
Posted March 15, 2018 by CUNA Advocacy
CUNA attended today's NCUA Board Meeting at the agencies headquarters in Alexandria, VA.  During the meeting, the NCUA Board unanimously approved an ANPR on amending Part 701 of the FCUA relating to Bylaws, and a proposed rule on suspension and debarment procedures for agency contractors, including those charged with liquidation and conservatorship. 
Posted March 15, 2018 by CUNA Advocacy

The Senate passed S. 2155, the bipartisan regulatory relief bill, by a vote of 67 – 31.  This is an important step forward for much-needed regulatory relief.  CUNA strongly supported the bill since it was introduced, and CUNA’s aggressive grassroots support of the bill resulted in millions of social media impressions and more than 50,000 messages sent to Senate offices. 

Posted March 14, 2018 by Chandler Schuette
The House Committee on Oversight and Government Reform held a hearing entitled, "Shining Light on the Federal Regulatory Process."  Prior to the hearing, CUNA sent a letter to Chairman Gowdy and Ranking Member Cummings explaining how one-size-fits-all regulations does not work for Main Street- the local credit unions, small banks and the consumers and small businesses they serve.
Posted March 14, 2018 by Chandler Schuette
The House passed a CUNA-backed regulatory relief bill that would require regulators to tailor their rulemakings to the risk level of the institutions affected. H.R. 1116, the Taking Account of Institutions with Low Operation Risk (TAILOR) Act is consistent with the goals of CUNA’s bipartisan, pro-consumer Campaign for Common-Sense Regulation.
Posted March 14, 2018 by Chandler Schuette
Senior CUNA staff attended a hearing on the motions for summary judgment in the lawsuit against NCUA’s field-of-membership (FOM) rule in the U.S. District Court for the District of Columbia. CUNA strongly supports NCUA’s FOM rule. 
Posted March 14, 2018 by Chandler Schuette
Representatives Dennis Ross, Kyrsten Sinema, Ann Wagner and David Scott introduced a bill  to create a bipartisan, five-member commission to lead the Consumer Financial Protection Bureau (CFPB). H.R. 5266, The Financial Product Safety Commission Act of 2018 is consistent with one of the primary goals of CUNA’s bipartisan, pro-consumer Campaign for Common-Sense Regulations.
Posted March 13, 2018 by CUNA Advocacy
As credit unions continue to battle website accessibility litigation in the Federal courts, at least one plaintiffs’ firm is starting to file suits in California state court, even against credit unions located in states as far away as Virginia and Texas.  This firm is going so far as to argue that such credit unions are subject to suit in California because they may have members that live in California and are part of a network of ATMs located in California.  
Posted March 12, 2018 by CUNA Advocacy

This week, the House of Representatives will consider the “TAILOR Act of 2017” (H.R. 1116); the “Financial Examination Fairness and Reform Act” (H.R. 4545); the “Regulation At Improvement Act of 2017” (H.R. 4263); the “Stress Test Improvement Act of 2017” (H.R. 4293); and the “Financial Stability Oversight Council Improvement Act of 2017” (H.R. 4061).

The Senate will resume consideration of the “Economic Growth, Regulatory Relief, And Consumer Protection Act” (S.2155).


Posted March 08, 2018 by CUNA Advocacy

The House Subcommittee on Financial Institutions and Consumer Credit held a hearing entitled, “Legislative Proposals to Reform the Current Data Security and Breach Notification Regulatory Regime.”  Prior to the hearing, CUNA sent a letter to Chairman Luetkemeyer and Ranking Member Clay showing support for the Chairman’s draft data breach legislation. 

Posted March 08, 2018 by CUNA Advocacy
The CFPB issued a final rule to amend the Regulation Z mortgage servicing rule. A single-statement exemption is applicable for the next periodic statement or coupon book that a servicer would otherwise need to provide, regardless of when during the billing cycle a triggering event (enter/exit bankruptcy) occurs.
Posted March 08, 2018 by CUNA Advocacy

The NCUA Board posted the agenda for the March Board Meeting.  It includes:

1.      Advanced Notice of Proposed Rulemaking, Part 701, Appendix A, Federal Credit Union Bylaws.
2.      Request for Comment, Proposed Suspension and Debarment Procedures.

Posted March 07, 2018 by CUNA Advocacy

The Senate Special Committee on Aging held a hearing today entitled, “Stopping Senior Scams.”  Prior to the hearing, CUNA sent a letter in support of efforts to help protect seniors from financial exploitation and to empower seniors to make responsible decisions regarding their financial lives. 

Posted March 07, 2018 by CUNA Advocacy
The House Committee on Small Business held a hearing entitled, “Regulatory Reform and Rollback: The Effects on Small Business.”  Prior to the hearing, CUNA sent a letter to Chairman Chabot and Ranking Member Velázquez highlighting how the current regulatory environment favors the largest banks and non-bank financial services providers. 
Posted March 07, 2018 by CUNA Advocacy
The Federal Communications Commission (FCC) issued a second further notice of proposed rulemaking to address concerns about the treatment of reassigned number under the Telephone Consumer Protection Act. 
Posted March 06, 2018 by CUNA Advocacy
The House passed two CUNA-supported regulatory relief bills, both consistent with CUNA’s Campaign for Common-Sense Regulation. One would require a regulatory review from financial regulators every five years (a process NCUA participates in voluntarily every three years) and the second would grant certain loans held in portfolio Qualified Mortgage status.
Posted March 06, 2018 by CUNA Advocacy

CUNA and the Ohio Credit Union League filed an amicus brief supporting Dover-Phila Federal Credit Union, who is facing a frivolous lawsuit alleging non-compliance with website accessibility standards under the Americans with Disabilities Act (ADA). This is the latest of multiple briefs CUNA has filed in conjunction with state leagues in similar cases.

Posted March 06, 2018 by CUNA Advocacy

The Federal Reserve proposed changes to simplify Reg J (Collection of Checks and Other Items by Federal Reserve Banks and Funds Transfers through Fedwire) and to make it conform more closely with Reg CC (Availability of Funds and Collection of Checks). The proposed amendments are intended to align the rights and obligations of parties, including the Federal Reserve Banks, with the Fed’s 2017 amendments to Reg CC, which reflected the evolution of the nation’s check collection system from one that is largely paper-based to one that is virtually all electronic. 

Posted March 06, 2018 by Chandler Schuette

This morning the Senate passed a critical procedural vote to start debate on S. 2155, the Economic Growth, Regulatory Reform and Consumer Protection Act.  Prior to this morning’s vote, CUNA sent a letter to Senate Majority Leader McConnell and Minority Leader Schumer in support of the important bipartisan legislation.  In the letter, CUNA highlighted the common-sense regulatory reforms supported by America’s credit unions.


Posted March 05, 2018 by CUNA Advocacy
This week, the House of Representatives will consider H.R. 4607, the Comprehensive Regulatory Review Act; H.R. 2226, the Portfolio Lending and Mortgage Access Act; H.R. 4725, the Community Bank Reporting Relief Act; H.R. 4768, the National Strategy for Combating the Financing of Transnational Criminal Organizations Act; H.R. 1917, the Blocking Regulatory Interference from Closing Kilns Act of 2017; and H.R. 1119, the Satisfying Energy Needs and Saving the Environment Act. 
Posted March 05, 2018 by Chandler Schuette
The United States District Court for the District of Columbia has scheduled a hearing on the summary judgment motions in the lawsuit that the American Bankers Association (ABA) filed against the National Credit Administration (NCUA) on March 14. The ABA filed the lawsuit alleging that some parts of the most recent final field of membership (FOM) rule overstep the provision in the Federal Credit Union Act.
Posted March 02, 2018 by CUNA Advocacy
A frivolous lawsuit against Houston-based BCM Federal Credit Union was voluntarily dismissed with prejudice just eight days after CUNA and the Cornerstone Credit Union League filed a brief supporting BCM's motion to dismiss the case. Similar predatory lawsuits have detrimentally affected credit unions alleging non-compliance with the Americans with Disabilities Act. CUNA has engaged its 360-advocacy to find a solution in the legal, political and regulatory arenas.


Posted March 01, 2018 by CUNA Advocacy
Senate Majority Leader McConnell just announced that S. 2155 – the Senate’s Regulatory Relief Bill—will be brought to the Senate Floor next week.  Since its introduction, CUNA has strongly supported the bill as it contains several regulatory relief provisions for credit unions. CUNA has long advocated for this type of common-sense regulation and see this advancement as a major victory for community financial institutions. 
Posted March 01, 2018 by CUNA Advocacy
CUNA and the Illinois Credit Union League filed an amicus brief defending Aurora Policeman Credit Union which is facing a frivolous lawsuit alleging violations of the Americans with Disabilities Act (ADA). CUNA has been working closely with several league partners to file in several states, most recently a brief in Texas. 


Posted February 28, 2018 by CUNA Advocacy

CUNA joined with other financial trade associations to write to Congress to correct a number of falsehoods contained in a recent retailer communication to Congress on data breaches. Retailers are attempting to push back against strong national data security standards, despite a lack of such standards causing major data breaches that bring additional costs to credit unions.  CUNA strongly supports draft data breach legislation that would enact a strong security and notification standard and shift the costs of a data breach to the entity that caused it.


Posted February 28, 2018 by Chandler Schuette
During his speech in front of CUNA’s Governmental Affairs Conference (GAC), Acting Director Mulvaney said several things that are good news for credit unions. He said the bureau needs to move away from one-size-fits-all rulemaking, that the bureau will cease regulating through enforcement and it will instead focus on the bad actors that cause true harm to consumers.