Is your bank prepared to offer Digital Lending to your customers?

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Digital banking has been around for years on the deposit side of the house but most banks don’t have a solution to make installment loans quickly and profitably. Fintech’s and other financial services providers have eaten our lunch when it comes to consumer lending since credit cards became a prevalent method for paying for purchases in the late 1970’s.

Quilo has developed an easy to use yet sophisticated digital lending solution that enables banks to make profitable consumer loans in seconds…rather than days. The solution allows each bank to use their underwriting criteria and set a limit on how much credit they want to extend and for how long.

Most Quilo banks are setting maximum limits at $35K and only for those who have an excellent credit history. Minimum credit criteria is usually set for no lower than a 670 credit score and loan amounts can be tiered based on credit score and the banks appetite for risk. For instance: those with a credit score of 670-720 can get a loan for no more than $5K; credit scores of 721-770 will max out at a $15K loan; and consumers with a 671 credit score or higher can get a $35K loan. Maximum term might be 24 months on the low end and 60 months on the high end. This is just one example of how a bank can set up their Quilo portfolio.

Take 45 minutes to see the demo of Quilo by contacting Strunk at info@strunkaccess.com.

Strunk’s Document Library and Customizable Letter Options

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Access to a document library that includes Strunk’s recommended, compliant letters and policies is included with Strunk’s hosted ODP Manager software. Users can log in and review the recommended documents and compare them to letters currently set up in the ODP Manager software.

The hosted software makes it easy to log in and review active letter templates, even if you do not have any letters due. When you view the Collection, Custom, or Ad Hoc letter template, a sample PDF of the letter displays automatically using one of the accounts imported from your daily extract file. The PDF can be printed or saved so that you can easily compare it to Strunk’s recommended templates in the software Library. ODP Admins are able to make any necessary changes to letter templates or can request that updates are made by Strunk Technical Support.

Though Strunk provides the recommended letter content there are also customizable letter template options which will allow you to update the letter appearance to match other letters sent by your institution.

Header and footer information can be set up in ODP Manager to allow users to print on plain paper instead of letterhead. The hosted software also includes the flexibility to store signatures for each of your users. The signatures would then print automatically when the letter is generated – no need to sign letters! The same signature can be set up for all letters or the signature can change based on the user generating the letters, the letter type, or the letter template.

ODP Manager can update the contact name or phone number displayed on letters based on the account’s assigned branch. This allows you to provide your customers with the most appropriate contact information – whether customers contact a central location or their local branch to discuss the Overdraft Privilege program.

Please contact Strunk Support at support@strunkaccess.com with any questions or to find out more about the software Library or letter template options.

 

CFPB Guidance: Surprise Overdraft Fees and Returned Check Fees Explained

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The Consumer Financial Protection Bureau (CFPB) published guidance on October 26, 2022, stating that “surprise overdraft fees” and “returned deposited item fees” generally constitute “unfair practices” in violation of the federal Consumer Financial Protection Act when consumers are unable to avoid them. In its analysis, the CFPB underlined that an act or practice is illegally unfair when it significantly harms consumers or is likely to do so, harm that consumers cannot reasonably be expected to avoid, and (ii) harm that is not outweighed by advantages to consumers or to competition.

The guidance from the Consumer Financial Protection Bureau (CFPB) (Circular 2022-06) focuses on “unanticipated” overdraft fees, or those resulting from activities that a consumer would not ordinarily anticipate an overdraft fee. The guidance focuses on debit card transactions in which the available amount appears to be sufficient when the consumer initiates the transaction but is insufficient when the transaction is settled, resulting in an overdraft fee. According to the guidance, consumers may readily check their available balance via mobile apps, the internet, ATMs, or their phone, so they shouldn’t fairly anticipate paying an overdraft fee in this circumstance.

In addition, the guidance states a consumer is likely to reasonably expect that if a debit card transaction is authorized at the point of sale, he or she will not later incur an overdraft fee. The guidance notes that consumers cannot reasonably be expected to understand and account for delays between authorization and payment, nor can they control the methods by which a financial institution settles other transactions that could affect the imposition of overdraft fees. The guidance concludes that the injury from unanticipated overdraft fees likely is not outweighed by any countervailing benefits to consumers or to competition.

According to the CFPB’s guidance (Circular 2022-06), practices that charge consumers flat fees for all transactions, regardless of the specifics of the transaction or patterns on the account, are probably unjust. Since a depositor typically has no influence over whether a deposited check will be paid or not and has no reason to anticipate that a placed check will be returned, the guideline emphasizes that consumers are not reasonably able to avoid such costs.

According to the guidance, returned deposited item costs harm consumers significantly and are not likely to be offset by advantages to consumers or to competition. It’s crucial to remember that the guidance focuses on financial institution policies that broadly impose returned deposited item fees in situations where consumers are unaware that checks may be returned. The guidance states that policies with fines that are intended to deter consumer conduct, such as frequently depositing faulty checks from the same originator or depositing checks that are not signed, are not in violation of the rule.

The good news is neither of these issues should prohibit any FI from keeping their ODP program in place! However, action must be taken to avoid both of these specific instances.

The CFPB is not offering a resolution for either of these issues via disclosure. Nor are they providing a time frame within which to achieve compliance. In fact, they are saying that transaction processing rules are often complex so regardless of disclosure it isn’t reasonable for consumers to necessarily understand how the process works. So, the only resolution for ‘authorize positive, settle negative’ is to stop doing it if that is how your transactions are processed today. Sadly, the CFPB has not yet issued a Rule mandating core processors to add the necessary capability to prevent charging a fee for an item allowed on “good funds.” In addition, some core processors may postpone the creation of the module (or patch), which eliminates the regulatory risk, in the absence of such a regulatory mandate. This will still fall on the financial institution to put controls in place to prevent charging these fees.

The solution on the returned deposit item fee appears relatively simple – if you charge a returned deposit item fee today – stop. The CFPB does offer some guidance on certain circumstances where changing that fee may be reasonable – for example, if a depository institution only charges consumers a fee if they repeatedly deposit bad checks from the same originator, or only charges consumers a fee when checks are unsigned, those fees would likely be reasonably avoidable by the consumer. However, my take on that is it really isn’t worth trying to monitor the specific reasons the fee was charged in each instance. Far easier to just not charge the fee and be sure to avoid the regulatory criticism. Returned deposit item fees really don’t have anything to do with ODP so we’re not familiar with the instance of occurrence, but I assume these fees don’t add up to much for the typical community institution.

Strunk’s recommendations have continued to include clearer wording and open information regarding how fees are calculated. We have actively helped community banks and credit unions address the problems mentioned in the bureau’s advice throughout the years. Strunk often receive feedback from clients regarding issues raised during their examinations. Additionally, we stay in contact with the state and national banking associations’ legal counsel on topics related to overdraft protections to make sure we stay in front of any issues for our clients.

 

Overdraft Protection Programs?

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Several federal regulators have recently come up with “guidance” on how banks should handle the payment of debits that cause overdrafts and whether or not a fee should be levied against the account.

In August the FDIC warned banks that proper disclosure of charging a fee for an item presented a second time is important so that consumers understand that there can be more than one NSF charge on the same item. Even though banks have had the same practice for decades the FDIC is now warning banks of possible UDAAP violations.

More recently the CFPB wants banks to ensure they are not charging a fee for a debit card transaction that causes an overdraft when the item hits the books when it was previously approved at point of sale. Also, banks are warned to not charge consumers a fee for a deposited item that comes back to the account as a NSF item. It is yet to be seen what impact this will have on community banks but this “guidance” from the regulatory body covering banks with over $10B in assets should be reviewed by your bank.

Strunk’s Overdraft Privilege program is nearing its 30th year of existence and it remains a tremendous customer service for those who need it. Returning items unpaid to a merchant only creates havoc for consumers. Likewise, if a consumer wants their debit card transaction paid rather than denied at point of sale Overdraft Privilege can help out. Consumer choice is how banking should work. Providing proper disclosure and ensuring the bank follows the disclosures is key.

Contact Strunk at 800.728.3116 or at support@strunkaccess.com to learn more about how Overdraft Privilege can benefit your bank and your customers.

ODP Manager Reports and Recommended Usage

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The reports included in the hosted ODP Manager software should be used to support and encourage strong Overdraft Privilege program performance and compliance. By reviewing each report at the recommended interval, users can monitor and compare performance metrics over time.

On a daily basis, reports that address the addition and removal of overdraft limits should be reviewed. New accounts are included in the New Accounts Report to assess qualifying criteria for assignment of an OD Limit. The Overdraft Aging Report shows overdrawn accounts so that overdraft privileges can be suspended when an account meets the designated number of days overdrawn.

A monthly review of reports should focus on analyzing performance and maintaining adequate reserves. The Summary Report combines both a summary of overdrawn accounts and recommended reserves and a trend of overdraft limits and usage over time. Trends in NSF and OD fees and refunds are also displayed. Additional reserve reporting is included on the Overdraft Detail and Overdraft Aging Reports. Major metrics related to ODP program performance are summarized in the Utilization Analysis and Opt-In Impact Reports. The Utilization Analysis Report allows monitoring of the percent of accounts with an assigned overdraft limit. The Opt-In Impact Report allows users to review the percent of accounts opted in for Reg E both by branch and by product.

ODP Manager includes some reports that are used for less frequent reviews on a quarterly or as needed basis. Status Tracking and Heavy OD User Reports will assist your users in requalifying accounts not currently in the Overdraft Privilege program. Consistent usage of these reports may help make sure that accounts that now meet your qualifying criteria are reassigned limits and may improve the percentage of accounts that qualify for ODP. The Fresh Start Loan Tracking Report lists all accounts currently in a Fresh Start repayment plan status. The Letters Printed YTD Report can help your users assess the total volume of letters generated by template, month, and year.

Hosted ODP Manager reports can be viewed in the browser, exported to PDF, or to Excel. The data is updated each day after the daily extract file is imported. In addition to the most recently imported data, users can also access reports from the most recent seven As of Dates. Strunk can also set up reports to be archived in the hosted software automatically after each import.

Please contact Strunk Support at support@strunkaccess.com with any questions or to find out more about using the reports included in ODP Manager.

When is a good time to Review your Overdraft Privilege Program

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Delaying annual reviews of overdraft programs until the next rule modification or updated guidance can lead to serious and expensive issues. Preventing a problem is almost always simpler and less expensive than trying to fix it. Despite the fact that the most current guidance was issued in 2010, a lot has changed in the overdraft industry since then. The media and lawmakers have been focusing more on overdraft fees, which has brought increased attention to this financial service. Just recently Regions Bank has been fined $191 million by financial authorities for charging ‘surprise’ overdraft fees on debit card transactions and ATM withdrawals. The CFPB announced that Regions Bank “committed unfair and abusive acts and practices when it charged overdraft fees on transactions that had a sufficient balance at the time the Bank authorized the transaction but then later settled with an insufficient balance”. In August, the FDIC issued new supervisory guidance on multiple non-sufficient funds (NSF) fees arising from the re-presentment of the same unpaid transaction, charging a consumer more than one NSF fee for the same declined transaction, without providing proper disclosures.

Financial Institutions should be evaluating these areas on a regular basis. Strunk can help your financial institution reduce risk while offering this important service by using consumer-friendly policies, compliant disclosures with simple, understandable language, and constant, continuing account holder communication. We will provide a thorough analysis of your overdraft program and its disclosures and make recommendations on how to update it to meet current regulatory requirements. Your financial institution will gain greater understanding of program usage as well as practical best practices. Strunk will also provide staff training, consistent communication around the program, correct disclosures and compliance with all regulatory rules. In order to assure the success of your overdraft program, it may be time to rely on an outside expert if limited resources and other projects now demand all of your team’s focus and attention. Don’t put program assessments off and run the risk of being let down.

Is Your Bank Ready for Digital Lending?

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Digital banking on the deposit side of the house has been around for years as consumers have moved away from coming into branches to make deposits. Many of them now do their banking either through the bank’s website or mobile phone. Fintechs and other non-banks are now providing consumers with the ability to get installment loans either at the point of sale or via a mobile app. Are you ready to move to digital lending?

When I started in banking in 38 years ago, bankers across the country were talking about the “checkless” society. Payments were being made by credit cards and eventually debit cards and the number of checks slowly dwindled. In fact today only about 8% of debits in the United States are paper items. Now many believe there will be a “cashless” society as well.

I was in London last week and I was amazed how further along England is than the US when it comes to the payments systems. Not once in six days did I use any British pounds to pay for anything. All payments were “tap and go” with a chip enabled Visa credit card… 39 different payments from the London Underground to meals, sightseeing tours, taxis, concessions, etc. They virtually live in a “cashless” society already. The US banking systems are behind the times.

Digital lending is here and now is the time to get onboard. Quilo recently won the “Best of Show” at the Finovate Conference in NYC attended by bankers from all parts of the globe. Quilo was also given the “Choice Award Winner” at the ICBA convention in March. If you haven’t seen how the digital installment lending platform works you are missing out.

To see how Quilo will work for your bank contact Strunk at info@strunkaccess.com for a 45 minute web demo.

Hosted ODP Manager and Individual Account Information

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ODP Manager includes the ability to review the account level information for each account that has been imported into ODP Manager from your daily extract file. By using the Account Inquiry section in the hosted software, an institution’s users can view multiple accounts or details of a single account.

In Account Inquiry, users can select the view that contains the necessary columns and select groups or apply filters so only the desired accounts are shown. Once the list of accounts has been created, the data can be exported to Excel to be saved or for distribution. This information can be used to supplement ODP Manager’s existing standard reports. It also may be an alternative to creating custom reporting in the core system about accounts managed in the ODP Manager software.

Account Inquiry also allows access to the information for a single account. Since historical events are retained in the ODP Manager software, details can be viewed for both open and closed accounts. To manage the account, users may need to review an account’s contact information, event history, reminders, or comments. If the account is under a Fresh Start Loan or has charged off, users may need to view the related repayment schedule or charge-off items and recoveries.

Leveraging the information already included in ODP Manager may make it easier for your users to review and manage accounts efficiently. Please contact Strunk Support at support@strunkaccess.com with any questions or to find out more about using Account Inquiry.

 

What we know now about overdraft privilege

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Overdraft privilege appears to have been widely covered in the media over the past 12 months.  We wanted to address some of the most recent worries that have been raised in these news pieces because overdraft privilege programs have received a lot of negative attention and inaccurate information.

  1. Overdraft Privilege has not undergone any new regulatory changes: In July the U.S. House Committee on Financial Services passed the H.R. 4277, the Overdraft Protection Act. This legislation has been presented by Congresswoman Carolyn Maloney (NY) every year since 2009 to the House and has never pass the Senate.  Although the banking industry has evolved significantly since the initial version of the bill was introduced in 2009, its language has remained stagnant and does not take into account the realities faced by modern consumers.  Since the initial version of the bill was introduced, financial institutions have made considerable adjustments to their overdraft programs to be more consumer friendly.  Because overdraft privilege “remains one of the few short-term liquidity products available to consumers within the well-regulated, well supervised banking system,” financial institutions are expanding the flexibility of their product offerings to meet consumer demand and are emphasizing choice in an increasingly competitive market.  This is why it will be the same as the previous 10+ years in that this bill won’t go any farther than it already has.
  2. Almost all financial institution still have some sort of Overdraft Privilege Program: August 2021 we started hearing about financial institutions that were eliminating their overdraft fees. What we found that most financial institutions that were eliminating overdraft fees were doing it for specific accounts.  Most of these financial institutions created a ‘checkless’ checking account for consumers who did not want overdrafts/nsf on their checking accounts.  With these accounts, consumers would not have access to checks and also be limited on what they can do with their debit card transactions, providing no overdraft/nsf transactions. Unfortunately, these accounts are not always free accounts.  It seems most financial institutions are charging Monthly Maintenance fees for this account and some financial institutions are even charging excessive transaction fees.  This type of product is not for everyone because there are consumers that still want access to checks and don’t want to pay a monthly maintenance fee for their checking account.   This past year, through surveys we learned that consumers understand overdraft privilege, they would much rather their item be paid instead of returned, consumers believe od fees are reasonable, and they don’t want to see any reduction to their overdraft access. Overdraft Privilege is still a better product for consumers and consumers still want access to an overdraft limit.
  3. Regulatory groups have started to really focus on NSF fees and Re-Presentments: August 2022 FDIC released Supervisory Guidance on Multiple Re-Presentment NSF Fees. The FDIC stated that it is issuing the guidance because of its observations in consumers compliance exams where consumers are charged multiple NSF fees for the same transaction when a merchant resubmits the transaction for payment. The FDIC has also observed that some institutions’ disclosures did not adequately describe the institution’s re-presentment practice. Luckily for Strunk clients we have been sensitive to this issue for quite a while. In the Spring of 2020 Strunk issued suggested language for checking account agreements to all of our clients to provide enhanced disclosure regarding an arbitration provision.  Also, Strunk’s Overdraft Privilege Service Policy has always included specific language regarding re-presentments. These two things provide for a very strong argument that our client financial institutions are already handling disclosure regarding this issue properly.

Even though there have not been any changes to overdraft regulations, some financial institutions felt political and regulatory pressure to make changes to their overdraft privilege program.  We know that overdraft privilege is a much better service for consumers than returning their items.  Elimination of overdrafts, resulting in more payments being returned, which can lead to repercussions for the consumer such as late payment fees, merchant fees, and potential negative impacts to their credit.

Where Did Your Bank’s Service Charge Income Go?

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Banks across the country have seen a significant drop in service charge income with as much as 50% of what it was 10 years ago. Many banks attributed the drop in fee income in 2020 to a reduction in fees charged to consumers as we worked through the pandemic.

As we analyze the service charge income number nationwide we see somewhat of a rebound in the first six months of 2022 vs. 2021 but not in all cases. For years banks have subsidized free checking accounts with overdraft income. Now the regulators are looking at banks that generate a significant percentage of their fee income from NSF/OD fees. What is wrong with this picture?

If a bank is generating very little in the way of fee income from the checking accounts they offer than the percentage of income derived from overdrafts drafts that the bank receives from stop payment, check cashing, or other service charges will be very high. Unfortunately this is very misleading and banks should correct this problem quickly. How?

Begin offering non banking benefits to your checking accounts and charge a small monthly fee on each account. Strunk’s Value Checking program has prescribed this solution since 2011 and we would be glad to do a 30 minute demo to show you how it works. Some of the largest retail banks have discontinued fees for overdrafts and now is the time to look at an alternative.

Contact Strunk at info@strunkaccess.com to set up a call to see how it would work for your bank. The regulatory and consumer banking environment is changing. Now is the time to get onboard with a decade old strategy that works.

An independent certified public accountant has examined Strunk’s operations and found them to be in compliance with the AICPA’s Trust Service Principles. It was determined that Strunk meets the Security, Availability, Processing Integrity, Confidentiality, and Privacy criteria for SOC 2 established by the AICPA.