The Government Updateis issued by the Innovative Payments Association twenty times a year as a service to members. Editors: Brian Tate, President and CEO, IPA; Ben Jackson, COO, IPA; Grant Hannah, Director of Government Relations, IPA; Eli Rosenberg, Partner, Baird Holm LLP; and Gray Derrick, Partner, Baird Holm LLP. Please address comments and suggestions to: gr@ipa.org. 
 Innovative Payments Conference Coming Online in April 2021 The IPA’s Innovative Payments Conference is the must-attend annual event for the payments community. Benefit from two weeks of cutting-edge content, discussions and enhanced networking as you engage directly with those leading the way in prepaid compliance, legislation, regulation and innovation! We’re looking forward to putting on another great event for you. And even better, if you already know you’d like to attend, subscribe to our updates today so you will be one of the first to hear when our Early Bird rate launches. The IPC program is designed to keep you ahead of an ever-changing industry and position you to succeed in tomorrow's payments environment. Year after year, the event is an unqualified success, attracting hundreds of attendees from across the country. Download the brochure today to learn more about what to expect at IPC 2021! Click here for additional information.  IPA Podcast: When Direct Deposit is not an Option, Prepaid Cards Come to the Rescue for Stimulus Funds When the U.S. government decided to provide funds to struggling Americans in the pandemic, it needed a way to move a lot of money to a lot of people quickly. While direct deposit information from tax returns helped, some people who most needed assistance weren’t in the system. So, the Department of Treasury used a combination of paper checks and prepaid cards from a program it calls the U.S. Debit Card. That program was part of an existing contract that allowed the government to use prepaid cards for disbursements. IPA members Fiserv and Metabank are instrumental in that program, and in this episode, we talk with Kim Ford, Senior Vice President for Government Relations at Fiserv about how the cards work and how they came to be used for stimulus funds. Prepaid cards have been a tool for benefits distribution for years, and the Economic Impact Payments show how they can quickly be implemented for new programs when the need arises. You can listen to the podcast here. Please make sure to subscribe, share this with your friends, and leave us a review on your favorite podcast app. IPA Podcast: What is the most important question in virtual exams? When the COIVD19 pandemic forced businesses to operate virtually, bank examinations moved into cyberspace. This change likely will last beyond the pandemic, so bankers need to figure out how to be effective in this new environment. For institutions involved in non-traditional businesses like prepaid issuing, the problems of effectively conveying information and answering questions from examiners can be more complicated if they need to explain a new type of business. IPA member Bancorp has successfully navigated virtual exams, and in this episode, we talk with Mandi Lermond, the director and chief of staff, and Mike Althouse, the chief compliance officer about the lessons they have learned, and the best practices they have uncovered. For them, the most important exam question, both internally and externally has been “how goes it?” Find out why. They have also written an article for the ABA Compliance Journal that explores these topics in more detail. You can find that article here: Navigating Virtual Examinations | ABA Banking Journal  INTERNAL REVENUE SERVICE (IRS) More Economic Impact Payments set for disbursement in coming days; taxpayers should watch mail for paper checks, debit cards On March 22, the Internal Revenue Service announced that the next batch of Economic Impact Payments will be issued to taxpayers, with many of these coming by paper check or prepaid debit card. For taxpayers receiving direct deposit, this batch of payments began processing on Friday, March 19 and will have an official pay date of Wednesday, March 24, with some people seeing these in their accounts earlier, potentially as provisional or pending deposits. A large number of this latest batch of payments will also be mailed, so taxpayers who do not receive a direct deposit by March 24 should watch the mail carefully in the coming weeks for a paper check or a prepaid debit card, known as an Economic Impact Payment Card, or EIP Card. No action is needed by most people to obtain this round of Economic Impact Payments (EIPs). People can check the Get My Payment tool on IRS.gov on to see if the their payment has been scheduled. "The IRS continues to send the third round of stimulus payments in record time," said IRS Commissioner Chuck Rettig. "Since this new set of payments will include more mailed payments, we urge people to carefully watch their mail for a check or debit card in the coming weeks." Following enactment of the American Rescue Plan Act on March 11, the IRS moved quickly to start delivering the third round of Economic Impact Payments. The IRS initiated the first batch of the $1,400 stimulus payments, mostly by direct deposit, on March 12. Today marks the second batch of payments, with additional payments anticipated on a weekly basis going forward. The vast majority of taxpayers receiving EIPs will receive it by direct deposit. In addition, the IRS and the Bureau of the Fiscal Service leveraged data in their systems to convert many payments to direct deposits that otherwise would have been sent as paper checks or debit cards. This accelerated the disbursement of these payments by weeks. More information can be found here and an update IRS Fact Sheet can be found here. CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) Scheduling Order in PayPal Case Appeal Issued by DC Appeals Court On March 10, the United States Court of Appeals for the District of Columbia Circuit issued a scheduling order for the appeal filed by the CFPB in the PayPal case. The order lays out the timeline of motions/filings for the appeal. As a reminder, the CFPB filed notice with the United States District Court for the District of Columbia on March 1st that they appeal Judge Richard Leon’s ruling in the case. The scheduling order requires that both parties file initial documents by April 9, 2021. Dispositive motions would subsequently be due by April 26, 2021 for both parties. In addition, the order defers briefing in this case pending further order of the court. The scheduling order can be accessed here. CFPB Rescinds 2020 Abusiveness Policy Statement On March 11, the Consumer Financial Protection Bureau (CFPB) announced it is rescinding its January 24, 2020 policy statement, “Statement of Policy Regarding Prohibition on Abusive Acts or Practices.” The Bureau says the 2020 Policy Statement was inconsistent with its duty to enforce Congress’s standard and rescinding it will better serve the CFPB’s objective to protect consumers from abusive practices. Going forward, the CFPB intends to consider good faith, company size, and all other factors it typically considers as it uses its prosecutorial discretion. The full recission document can be accessed here.  Senate Banking Committee Vote on CFPB Director Nominee On March 10, the Senate Banking Committee voted on advancing Rohit Chopra’s nomination to be the next director of the Consumer Financial Protection Bureau. The vote ended in a 12-12 tie. According to Senate rules, Chairman Brown will transmit a notice of the tie vote to the Secretary of the Senate. This gives the Majority or Minority Leader the authority to make a motion to discharge the nomination from the Committee and, if approved, bring it to the floor for consideration by the full Senate. SAFE Banking Act Introduced in 117th Congress On March 18, Rep. Ed Perlmutter (D-CO) reintroduced his legislation to reform federal cannabis laws. H.R. 1996, the Secure and Fair Enforcement (SAFE) Banking Act of 2021 - sponsored by Reps. Nydia M. Velázquez (D-NY-07), Steve Stivers (R-OH-15), and Warren Davidson (R-OH-08) and cosponsored by more than 100 members – would allow marijuana-related businesses in states with some form of legalized marijuana and strict regulatory structures to access the banking and payments system. The bill has 109 co-sponsors, with 15 of them being Republican. The bill got a floor vote in the 116th Congress and passed in 321-103 vote.  None.  H.R. 1711 – To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purpose
Summary: This bill would direct the CFPB to conduct research on barriers to financial inclusion and identify hurdles under- and un-banked consumers. It would also require the Bureau to identify best practices to increase participation in the financial system and included a reporting requirement. Status: Referred to the Committee on Financial Services, and in addition to the Committee on the Budget on 3/9/21 Sponsor: Rep. David Scott (D-GA) H.R. 1996 – SAFE Banking Act Summary: This bill would allow marijuana-related businesses in states with some form of legalized marijuana and established regulatory structures to access the banking and payments system. Status: Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary on 3/18/21 Sponsor: Rep. Ed Perlmutter (D-CO)
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The Government Updateis issued by the Innovative Payments Association twenty times a year as a service to members. Editors: Brian Tate, President and CEO, IPA; Ben Jackson, COO, IPA; Grant Hannah, Director of Government Relations, IPA; Eli Rosenberg, Partner, Baird Holm LLP; and Gray Derrick, Partner, Baird Holm LLP. Please address comments and suggestions to: gr@ipa.org.
 Innovative Payments Conference Coming Online in April 2021 The IPA’s Innovative Payments Conference is the must-attend annual event for the payments community. Benefit from two weeks of cutting-edge content, discussions and enhanced networking as you engage directly with those leading the way in prepaid compliance, legislation, regulation and innovation! We’re looking forward to putting on another great event for you. And even better, if you already know you’d like to attend, subscribe to our updates today so you will be one of the first to hear when our Early Bird rate launches. The IPC program is designed to keep you ahead of an ever-changing industry and position you to succeed in tomorrow's payments environment. Year after year, the event is an unqualified success, attracting hundreds of attendees from across the country. Download the brochure today to learn more about what to expect at IPC 2021! Click here for additional information. Card Forum Contactless There is only one week left to register for CARD FORUM: Contactless, taking place on March 16, it is the first in a three-event series. This premier forum brings together senior industry leaders from organizations such as: Checkout.com, Best Buy, Wells Fargo, Visa, Astera Credit Union and more to explore how banks and credit unions can stay at the forefront of the contactless movement. View the agenda → IPA Members: Register by March 15 to claim your complimentary pass → Use promo code: IPAVIP   FEDERAL RESERVE IPA Letter to Fed on Durbin Amendment A notice was recently added to the Federal Reserve’s website regarding a letter from/meeting with The Clearing House Association on the Durbin Amendment. In brief, TCH raised strong concerns about how small issuers are evading Durbin by partnering with FinTechs/program managers and, in some cases, how the 3rd parties are bigger than the issuer. After receiving approval from our Executive Committee, on March 4, the IPA submitted its final letter to the Federal Reserve regarding Regulation II (Durbin Amendment). In brief, the letter highlights the growth and importance of prepaid account products to the financial services industry, that changes to Regulation II have the potential negatively impact consumers and financial services providers, and finally urges the Federal Reserve to ensure that any revisions to Regulation II or its interpretation are made pursuant to a transparent process that includes open and public debate. Thank you to all who provided feedback throughout the drafting process. CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) CFPB Files Notice of Appeal in PayPal Case On March 1, the Consumer Financial Protection Bureau (CFPB) filed notice with the United States District Court for the District of Columbia that they are appealing Judge Richard Leon’s ruling in the PayPal case to the United States Court of Appeals for the District of Columbia Circuit. The notice reads as follows: NOTICE OF APPEAL The Consumer Financial Protection Bureau and David Uejio, in his official capacity as Acting Director of the Consumer Financial Protection Bureau, Defendants in the above-captioned case, hereby give notice that they appeal this Court’s Memorandum Opinion and Order of December 30, 2020 (Documents 27 and 28), granting Plaintiff’s Motion for Summary Judgement, to the United States Court of Appeals for the District of Columbia Circuit. This notice is the only filing that the CFPB submitted to the court. We expect a more substantive filing to come from the CFPB in the future. CFPB Files Suit Against Payment Processor for Supporting Internet-Based Technical-Support Scams On March 3, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit in federal court against BrightSpeed Solutions Inc. and its founder and former chief executive officer, Kevin Howard, for knowingly processing payments for companies engaged in internet-based technical-support fraud. Chicago-based BrightSpeed was a privately owned, third-party payment processor founded and operated by Howard in 2015 and wound down business operations in March 2019. The CFPB alleges that between 2016 and 2018, Howard and BrightSpeed knowingly processed payments for client companies that purported to offer technical-support services and products over the internet, but instead tricked consumers into purchasing expensive and unnecessary antivirus software or services. Additional information can be found in the press release below and a copy of the complaint can be accessed here.  Update on COVID Relief Package After initial passage in the House on February 27, the Senate passed its version of the American Rescue Plan on Saturday after about 45 hours of consideration. There were some changes made the package in the Senate, so it will now head back to the House for final passage this week. One of the changes made to the package relates to EIPs. The $1,400 payments the phase-outs will start at $75,000 and $150,000 respectively and will now phase out completely at $80,000 per year for individuals and $160,000 for joint filers. Recap of Rohit Chopra Nomination Hearing On March 2, the Senate Banking Committee held a nomination hearing for Consumer Financial Protection Bureau (Bureau) Director nominee Rohit Chopra. Mr. Chopra mentioned student loan servicers, debt collectors, credit reporting, and mortgages a number of times as specific issues he believes need attention. He also mentioned that he believes it’s important that the Bureau examine at how big tech is entering financial services and what impact that will have on consumer privacy. He was asked by Sen. Cotez Masto about his views on restitution for UDDAP violations. He responded that restitution is a critical element of the Bureau’s enforcement work and that he has pushed hard against no fault, no money settlements at the FTC. He also said that it does not make sense not to provide restitution when a consumer is ripped off. On the subject of enforcement, he also said that the Bureau should be focused on fixing harms and letting market participants know what’s expected of them, pursuant its statutory authority. He was also asked about the use of guidance, Mr. Chopra responded that he believes that transparency and clear communication through the proper channels are key. Finally, he was asked by Sen. Jon Ossoff about Walmart’s entry into the banking/fintech space. Mr. Chopra said that it’s not a core issue of the CPFB but that generally, he believes dominant players should not be able to squash out competition and that he does not want to see a marketplace where new entrants are blocked. Mr. Chopra’s nomination is scheduled for a vote in the Banking Committee on March 10th, after which his nomination will make its way to the full Senate for consideration. A recording of the hearing can be accessed here. Senate Banking Committee Subcommittee Assignments Announced On March 1, Senate Banking Committee Chairman Sherrod Brown (D-OH) and Ranking Member Pat Toomey (R-PA) announced the panel’s subcommittee assignments for the 117th Congress. The roster for the Financial Institutions and Consumer Protection Subcommittee can be found below. FINANCIAL INSTITUTIONS AND CONSUMER PROTECTION Senator Raphael Warnock (D-GA) Chair Senator Robert Menendez (D-NJ) Senator Jon Tester (D-MT) Senator Mark R. Warner (D-VA) Senator Elizabeth Warren (D-MA) Senator Catherine Cortez Masto (D-NV) Senator Chris Van Hollen (D-MD) Senator Kyrsten Sinema (D-AZ) Senator Thom Tillis (R-NC) Ranking Member Senator Tim Scott (R-SC) Senator Mike Rounds (R-SD) Senator Bill Hagerty (R-TN) Senator Cynthia Lummis (R-WY) Senator Jerry Moran (R-KS) Senator Kevin Cramer (R-ND) Senator Richard Shelby (R-AL) The full list can be found here. Brookings Overdraft Study On March 1, the Brookings Institution published an examination of overdraft fee revenue of community banks. It specifically focuses on a handful of larger community banks whose overdraft revenue is more than half their net income and lays out policy recommendations. Please find topline highlights below. Topline Summary
The full study can be found here.  N/A  None.
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