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CFPB Report Suggests Remittance Transfer History Offers Little Value For Credit Scores
On July 3, the CFPB published a report on its study of the use of remittance histories in credit scoring, which found that (i) remittance histories have little predictive value for credit scoring purposes, and (ii) remittance histories are unlikely to improve the credit scores of consumers who send remittance transfers. The report follows a 2011 CFPB report on remittance transfers, which was required by the Dodd-Frank Act and assessed, among other things, the feasibility of and impediments to using remittance data in credit scoring. At that time, the CFPB identified a number of potential impediments to incorporating remittance history into credit scoring, and noted the need for further research to better address the potential impact of remittance information on consumer credit scoring.
To conduct its supplemental analysis of the potential effect of including remittance histories in credit models, the CFPB collected a random set of 500,000 consumers from a single remittance transfer provider. The CFPB was able to match approximately 212,000 of those remitters to a credit record held by one of the three major consumer reporting agencies. The CFPB analyzed the remitter data set in comparison to a control set of 200,000 consumers with credit records.
First, the CFPB estimated a credit scoring model that used only credit history information to serve as a baseline estimate of the level of predictiveness that credit history information alone produces. The CFPB then evaluated how large of an increase in predictiveness results when remittance histories are added to that baseline model. The CFPB determined that including remittance histories in credit scoring models is unlikely to increase the predictiveness of the models enough to warrant generating scores for otherwise unscorable credit records. The report cautions that the CFPB’s analysis of the predictiveness of remittance histories is limited in numerous ways.
Second, the CFPB assessed the impact of remittance histories on the credit scores of three different populations: (i) remitters without credit files or who could not be matched to a credit file—the majority of the original 500,000 sample size; (ii) remitters with credit profiles insufficient to be scored (“unscoreable”); and (iii) remitters with credit scores.
The CFPB determined that for remitter sample members without credit records remittance histories likely would not allow those individuals to develop a credit profile. The CFPB hypothesizes that given the limited utility of remittance history for predicting future performance, credit model builders would not construct a credit scoring model for this population without any credit records. Similarly, although the CFPB found that although remittance transfers appear to be associated with better credit outcomes for the small segment of remitters with “unscorable” credit, model builders still would be unlikely to score these consumers because remittance histories offer little with regard to predictiveness,. Finally, the CFPB reported that for remitters who already have credit scores, remittance history information appears to drag down credit scores.
The report adds that remittance transfers also are likely to correlate with race or ethnicity, which could raise fair lending risk for credit model developments. Further, the CFPB states that the credit scoring value of remittance histories appears even less valuable compared to other potential alternative data—specifically rental and utility payment data. The bureau suggests that future efforts to enhance consumer credit scoring models should focus on activities that involve regularly scheduled payments, as opposed to voluntary payments like remittance transfers.
Trade Group White Paper Assesses Virtual Currency Landscape
On June 23, the ICBA and The Clearing House published a white paper on virtual currency that (i) defines virtual currency and describes the current regulatory environment; (ii) describes key players in the Bitcoin system; (iii) discusses the application of certain functional and prudential payment system regulations that may be applied to the Bitcoin system and other convertible decentralized virtual currencies; and (iv) evaluates potential regulation of virtual currency, virtual currency investment programs, and exchanges. The paper concludes, among other things, that: (i) credentials used to transact in Bitcoin are functionally similar to prepaid cards and arguably fall within the definition of such cards provided in Regulations E and II; and (ii) the CFPB may determine that cross-border transactions in Bitcoin fall within the scope of the CFPB’s Remittance Transfer Rule, which would require entities facilitating such transfers to comply with the rule’s disclosure, reversibility, and error-resolution requirements. The paper discusses potential safety and soundness oversight for entities in the Bitcoin system. It also suggests that existing regulations intended to protect consumers and market participants in the event of the failure of a securities or commodities exchange may be inapplicable to Bitcoin exchanges, and that alternative means of protecting investors and accountholders—such as disclosure requirements and coordinated state-level registration of exchanges—should be explored.
CFPB Extends Remittance Rule Amendments Comment Period
On May 14, the CFPB extended for 10 days the comment period on the latest proposed amendments to its international remittance rule. The comment period, originally set to expire on May 27, 2014, will close on June 6, 2014.
CFPB Proposes Remittance Rule Amendments
On April 15, the CFPB issued a proposed rule and request for comment to extend a temporary exception to Regulation E’s requirement that remittance transfer providers disclose certain fees and exchange rates to consumers. Pursuant to Regulation E, as amended to implement section 1073 of the Dodd-Frank Act, insured depository institutions are permitted to estimate certain third-party fees and exchange rates in connection with a remittance transfer until July 21, 2015, provided the transfer is sent from the sender’s account with the institution, and the institution is unable to determine the exact amount of the fees and rates due to circumstances outside of the institution’s control. The CFPB is proposing to exercise its statutory authority to extend this exception for an additional five years, until July 21, 2020. The agency explained that, based on its outreach to insured institutions and consumer groups, allowing the initial temporary exception to lapse would negatively affect the ability of insured institutions to send remittance transfers. Comments on the proposed rule are due within 30 days of its publication in the Federal Register.
The proposed rule also includes several clarifications and technical corrections to the CFPB’s final remittance rule and official commentary, which were subsequently amended or delayed—including in August 2012 and January 2013—leading to a May 2013 revised final rule. In this latest round of proposed amendments, the CFPB is seeking to address concerns about the remittance rule’s applicability to U.S. military installations abroad. Because the rule does not expressly address transfers to such installations, the CFPB now seeks (i) comments on whether to treat locations on U.S. military installations abroad as being located within a State or a foreign country for the purposes of the rule, (ii) data on the relative number of transfers sent to and from individuals and/or accounts located on U.S. military installations abroad, and (iii) comments on the appropriateness of extending any clarification regarding U.S. military installations to other U.S. government installations abroad, such as U.S. diplomatic missions.
With respect to transfers from accounts (as defined under Regulation E), the CFPB is also proposing amendments to make clear that whether a transfer is for personal, family, or household purposes—and thus, whether the transfer could be a remittance transfer subject to the rule—is determined by ascertaining the purpose for which the account was established, rather than the purpose of the particular transfer. The proposed amendments would therefore clarify that the rule does not apply to, e.g., transfers from an account that was established as a business or commercial account or an account owned by a business entity. In addition, the proposed rule seeks to clarify that faxes are considered writings for purposes of the remittance rule, and that, in certain circumstances, a remittance transfer provider may give oral disclosures after receiving a written remittance inquiry from a consumer. The CFPB is also proposing to revise the rule’s error resolution requirements, including with regard to errors based on the sender’s provision of incorrect or insufficient information. Specifically, the proposed amendment would clarify that, where such errors occur, the remittance transfer provider may not deduct its own fee from the amount refunded or applied towards a new transfer.
Federal Reserve Board Announces BSA/AML Enforcement Action Involving International Remittances
On October 31, the Federal Reserve Board released a BSA/AML enforcement action against a Pakistani bank and its New York branch. The Written Agreement addresses examiners’ findings of alleged compliance and risk management deficiencies in the branch’s international remittance services. The agreement requires the bank and branch to, among other things, (i) retain an independent consultant to conduct a compliance review, and (ii) implement enhanced BSA/AML compliance and SAR programs. The agreement also requires interim transaction monitoring procedures and a third-party review of the branch’s international remittance transaction activity over a six-month period.
CFPB Releases Money Transfer Exam Procedures, Launches New e-Regulations Tool
On October 22, the CFPB released the procedures its examiners will use in assessing financial institutions’ compliance with the remittance transfer requirements of Regulation E. Amendments to those regulations, finalized by the CFPB earlier this year, are set to take effect October 28, 2013. In general, the rule requires remittance transfer providers that offer remittances as part of their “normal course of business” to: (i) provide written pre-payment disclosures of the exchange rates and fees associated with a transfer of funds as well as the amount of funds the recipient will receive; and (ii) investigate consumer disputes and remedy errors. The rule does not apply to financial institutions that consistently provide 100 or fewer remittance transfers each year, or to transactions under $15.
The new examination procedures detail the specific objectives examiners should pursue as part of the examination, including to: (i) assess the quality of the regulated entity’s compliance risk management systems with respect to its remittance transfer business; (ii) identify acts or practices relating to remittance transfers that materially increase the risk of violations of federal consumer financial law and associated harm to consumers; (iii) gather facts that help to determine whether a supervised entity engages in acts or practices that are likely to violate federal consumer financial law; and (iv) determine whether a violation of a federal consumer financial law has occurred and, if so, whether further supervisory or enforcement actions are appropriate. In doing so, CFPB examiners will look not only at potential risks related to the remittance regulations, but also outside the remittance rule to assess “other risks to consumers,” including potential unfair, deceptive, or abusive acts or practices and Gramm-Leach-Bliley Act privacy violations. Finally, consistent with other examination procedures published by the CFPB, the examiners are instructed to conduct both a management- and policy-level review as well as a transaction-level review to inform the stated examination objectives.
Also on October 22, the CFPB announced a new tool designed to make it easier for the public to navigate the regulations subject to CFPB oversight. To start, the new eRegulations tool includes only Regulation E, which implements the Electronic Fund Transfer Act and includes the remittance requirements discussed above. Noting that federal regulations can be difficult to navigate, the CFPB redesigned the electronic presentation of its regulations, including by (i) defining key terms throughout, (ii) providing official interpretations throughout, (iii) linking certain sections of the “Federal Register preambles” to help explain the background of a particular paragraph, and (iv) providing the ability to see previous, current, and future versions. The CFPB notes that the tool is a work in progress and that suggestions from the public are welcome. Further, the CFPB encourages other agencies, developers, or groups to use and adapt the system.
CFPB Updates Remittance Rule Resources
On August 8, the CFPB released an updated small business guide for the remittance transfer rule it finalized last year and revised in May 2013. The updated guide summarizes the remittance rule and discusses the new requirements, which take effect on October 28, 2013. The CFPB also issued technical corrections to the May 2013 amendments, and released a video that provides an overview of the rule and the recent changes, as well as implementation guidance.
CFPB Issues Revised Remittance Transfer Rule
On April 30, the CFPB issued a revised final rule to amend regulations applicable to consumer remittance transfers of over fifteen dollars originating in the United States and sent internationally. Generally, the rule requires remittance transfer providers to (i) provide written pre-payment disclosures of the exchange rates and fees associated with a transfer of funds, as well as the amount of funds the recipient will receive, and (ii) investigate consumer disputes and remedy errors. The revised rule makes optional the original requirement to disclose (i) recipient institution fees for transfers to an account, except where the recipient institution is acting as an agent of the provider and (ii) taxes imposed by a person other than the remittance transfer provider. Instead, the revised rule requires providers to include a disclaimer on disclosures that the recipient may receive less than the disclosed total value due to these two categories of fees and taxes. The revised rule exempts from certain error resolution requirements two additional errors: (i) providing an incorrect account number or (ii) providing an incorrect recipient institution identifier. For the exception to apply, a remittance transfer provider must (i) notify the sender prior to the transfer that the transfer amount could be lost, (ii) implement reasonable measures to verify the accuracy of a recipient institution identifier, and (iii) make reasonable efforts to retrieve misdirected funds. In addition, the revised rule provides institutions more time to comply with the new remittance transfer standards. The final regulations, as revised by this rule, take effect on October 28, 2013.
CFPB Delays Remittance Rule Effective Date
On January 22, the CFPB announced that the effective date for its international remittance transfer rule, originally set for February 7, 2013, is delayed, and that a new effective date will be announced later this year. The CFPB recently proposed making the rule effective 90 days after proposed revisions to the rule are finalized.
CFPB Proposes Revised Remittance Transfer Rule
On December 21, the CFPB proposed revisions to the remittance transfer rule it finalized earlier this year and already once modified. The proposed revisions follow a November 2012 bulletin from the CFPB in which it stated its intent to pursue a fast-track rulemaking to delay the effective date of the rule while addressing certain industry-raised concerns. The proposed revised rule would (i) provide increased flexibility and guidance with respect to the disclosure of taxes imposed by a foreign country’s central government, as well as fees imposed by a recipient’s institution for receiving a remittance transfer in an account, (ii) require disclosure of foreign taxes imposed by a country’s central government, but would eliminate the requirement to disclose taxes imposed by foreign regional, provincial, state, or other local governments, and (iii) require a provider to attempt to recover funds without bearing the cost of funds that cannot be recovered, when the provider can demonstrate that the consumer provided an incorrect account number and certain other conditions are met. The proposed rule also would push back the effective date of the remittance transfer rule from February 7, 2013, to 90 days after the revised rule is finalized. The CFPB is accepting comments on the delayed effective date for 15 days following publication in the Federal Register, and it is accepting comments on the substantive revisions for 30 days following publication in the Federal Register.