One of the benefits of your credit union's League membership is access to InfoSight--a valuable online compliance resource. This newsletter contains some timely highlights, and access to InfoSight is a benefit of League affiliation, so it is password-protected. If you have a specific compliance issue or concern, contact our Consulting Department at (800) 285-5300. Replies to this email will be directed to SVP, League Services & Regulatory Analysis Joe Guilfoy .
InfoSight Highlight
New! League InfoSight Survey!
League InfoSight is asking for your input on a brief survey regarding the use of an OFAC Screening Tool.  Please click the link to take this quick survey!  Thank you!
Compliance Videos
Compliance Connection Video – New!
League InfoSight CEO Glory LeDu has created the following video to remind you of changes in the 2nd Quarter and to let you know what’s ahead in the 3rd Quarter of 2018 . Additionally, here is a more detailed review of the requirements for FinCEN Customer Due Diligence that was effective in May, 2018 . You will want to review this content to be sure you are in compliance!
 
Just a reminder that Compliance videos since 2016 can be found on YouTube at the Compliance Connection channel , where they are generally updated quarterly.
Compliance News
CUNA Provides Second Quarter 2018 update to the MLA Fee Comparison Spreadsheet
The recently-updated Second quarter 2018 fee comparison spreadsheet has been downloaded in CUNA's Compliance Community under the Compliance Resources Tab  and will be available under the Resources tab in the MLA topic in CUNA's e-Guide .
 
In each location you will find the updated second-quarter spreadsheet from June 2018, the first quarter spreadsheet from March 2018 and the initial spreadsheet from September 2017, in case you need to refer to historical data.
 
The following is provided in case you need to refresh your memory regarding the MLA requirements for Reasonable and Bona fide credit card fees.
 
MLA Requirements for Reasonable and Bona Fide Credit Card Fees
Under a Safe Harbor in the MLA rule, a credit union may exclude a Bona Fide credit card fee from the MAPR if the fee is considered "reasonable." This means that the fee must be less than or equal to the average fee for the same or similar product charged by 5 separate card issuers, that each have at least $3 billion in outstanding credit card balances at any time during the three-year period preceding the time the average is determined.

Currently, there are approximately 20 large card issuers that meet this requirement and only one of those is a credit union---Navy FCU. Together these card issuers have about 260 card agreements in the CFPB's Card Agreement Database. However, many of the agreements are Private Label cards. Only about 85 of the agreements would appear to be useful for MLA purposes.
 
The exclusion generally applies to finance charges under Reg. Z such as cash advance fees, foreign transaction fees, balance transfer fees, transaction fees for purchases and minimum interest charges. Other charges, which are not finance charges under Reg. Z, such as a late fee or an over-limit fee are not included in the calculation of the MAPR anyway, so the exclusion would not apply to such fees. Also, the exclusion does not apply to fees or premiums for credit insurance, fees for a debt cancellation contract, fees for a debt suspension agreement, or to fees for a credit related ancillary product. Those fees must be included in the calculation of the MAPR.
Reg CC Changes Effective July 1
Less than one week from today, new warranty and indemnity rights, liabilities and obligations to Regulation CC could impose greater risks for credit unions. The final rule creates a new Remote Deposit Capture Indemnity in Section 229.34(f) to address the allocation of liability when a depositary institution, such as a credit union accepts deposit of a check through “remote deposit capture.” In other words, when the depositor/ member sends the credit union electronic information about a check, such as a photographic image, which the credit union uses to create an electronic check or substitute check for collection. The indemnity would be provided by a credit union that accepted a check by remote deposit capture to a financial institution that accepted the original check for deposit, in the event the financial institution that accepted the original check incurred a loss because the check had already been paid. The final rule also added an exception to the indemnity which would prevent a bank from making an indemnity claim if it accepted the original check containing a restrictive indorsement inconsistent with the means of deposit, such as “for mobile deposit only.”
 
Some check vendors are now printing checks with a checkbox on the back which states, ”check here if Mobile Deposit,” but there has been some question as to whether simply checking that box fulfills the restrictive endorsement requirements.
 
Further Action  If your credit union accepts checks by remote deposit capture, you may want to review the language in your Mobile check deposit agreement or Remote Deposit Capture Agreement (if the language isn’t already there) that requires the credit union’s member to add a specific restrictive indorsement to the check such as “For Mobile Deposit Only, at ABC FCU into account #123456789” and also require the new check box which identifies the check as “For Mobile Deposit” to be checked.
 
Source: CUNA Compliance Community
Two More States Throw out ADA Lawsuits
District Court judges in Ohio and Alabama have thrown out two lawsuits against a pair of credit unions whose websites allegedly violated the Americans with Disabilities Act, adding to a   recent string of dismissals of similar cases   by District Courts in Virginia.
 
 
Source: Credit Union Times
Advocacy Highlight
Keeping up with CUNA Advocacy
To stay abreast of the issues on which CUNA has provided input to lawmakers and regulators, here is a list of those topics.

CUNA Advocacy Update
The CUNA Advocacy Update is published at the beginning of every week and keeps you on top of the most important changes in Washington for credit unions--and what CUNA is doing to monitor, analyze, and influence government agencies and federal law. To receive this update, click on “Get CUNA Updates” on the CUNA Advocacy page. Additional Advocacy efforts may also be found under CUNA’s Removing Barriers blog. With the recent updates to CUNA’s website, Advocacy information has also changed. To view recent advocacy issues and see ways your credit union can become involved, visit the Priorities or Actions pages.

Source: CUNA
Weekly Regulatory Advocacy Report
The Weekly Advocacy Report provides links to information about a number of recent League, CUNA and NCUA regulatory and advocacy activities. 
   
Upcoming Education Sessions
The League has several education sessions coming up. Several focus on compliance issues. They are listed in calendar format on the League website.
   
League Consulting Department Staff
(800) 285-5300
Compliance Calendar
July
  • July 1, 2018: Regulation CC Amendments – Availability of Funds and Collection of Checks
  • July 4, 2018: Independence Day - Federal Holiday
  • July 29, 2018: 5300 Call Report Due to NCUA
September
  • September 3, 2018: Labor Day - Federal Holiday
October
  • October 8, 2018: Columbus Day - Federal Holiday
November
  • November 12, 2018: Veterans Day (observed) - Federal Holiday
There's more available from InfoSight
InfoSight content is available from the League's website . Visit anytime to get sample policies, links to federal regulations and summaries of issues that are hot-topics at your credit union. 
 
Access to InfoSight is a benefit of League affiliation, so it is password-protected. If you don't have a password or if you have forgotten yours, click on the tan "Log In" button in upper right corner of the site; a box will open. Click on the blue wording to get your password.