Section 1033

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Member Spotlight: Petal


Technology has changed the way people bank, invest, and manage their money. Petal takes a new approach to consumer credit, enabling customers to use their own bank account data – rather than a traditional credit report – to access safe and affordable financial products and services and to build credit, avoid debt, and spend responsibly.

Traditional banks often rely on outdated measures of creditworthiness, such as traditional bureau-based credit scores, in determining which consumers get approved for a new loan or line of credit. This approach has resulted in the tens of millions of Americans with thin or no credit files being unable to access financial products such as car loans, credit cards, or mortgages. To address this problem, Petal offers credit cards (issued by WebBank) to consumers based on “cash flow underwriting” – using a customer’s bank transaction history to evaluate their creditworthiness, examining income, savings, and spending patterns. The insights gained from cash flow underwriting have allowed Petal to expand access to the financial system to many American consumers who otherwise would not have received credit and enable these consumers to build credit profiles to help them access additional products and services. The majority of Petal members had little to no credit history when approved, and more than 40% were previously denied credit by a major bank or card issuer. Petal members with no prior credit history achieve an average credit score of 680 after just a few months of responsible use.

The Petal card goes beyond providing access to credit: it has numerous features designed to help members succeed financially. Petal’s Leap program provides a clear pathway for members to qualify for a credit limit increase, while also promoting responsible financial behavior. Customers enrolled in Petal’s Leap program that make six on-time monthly payments in a row and maintain a healthy credit score are guaranteed a credit limit increase. The Leap tab on Petal’s mobile app provides a convenient platform for customers to track their progress and includes customized suggestions for members to improve their financial health and build their credit profile. In addition, Petal distinguishes itself from other credit cards by encouraging customers to pay their full balance each month. Mainstream credit cards, meanwhile, often put consumers on a more expensive path by making “pay the minimum” the starting point. Petal members who cannot pay the full balance can use the Petal app’s payments calculator to easily understand exactly how much interest they will owe. Petal has also offered incentives, including a chance to win up to $500, to encourage members to pay more than the minimum on their monthly statement. Finally, to further encourage financial responsibility, Petal provides qualifying members with extra cash back on purchases – beyond the standard 1% – when they establish a history of making on-time monthly payments.

In April 2021, Petal launched Prism Data, a new company that enables banks, fintechs and other business customers to translate consumer-permissioned bank account data into useful insights and a CashScore that can help determine creditworthiness. By integrating Prism Data into their lending applications, users can improve their ability to reach consumers that have been left out of the mainstream financial system – particularly those who are credit invisible. Prism Data was founded on the belief that open banking and access to consumer-permissioned bank account transactional data will change the way consumer finance works. When announcing Prism Data, Jason Gross, Petal CEO and co-founder, said, “Prism Data is the next great step in furthering Petal’s original mission to democratize access to credit, now by empowering other organizations to serve more customers, build better products, and make smarter decisions.”

Petal’s success at reaching traditionally underserved consumers has demonstrated that open banking policies can help expand financial inclusion. In a June 2019 op-ed co-written with FDATA North America, Gross argued that bringing open banking to the United States could help policymakers address the fact that:

  • 45 million Americans cannot access the modern credit system because of a lack of information in their credit report;
  • 4 in 10 American adults don’t have savings necessary to cover a $400 emergency; and
  • American consumers face up to $34 billion in overdraft fees annually.

For more information on Petal’s advocacy for open banking, you can read Petal’s written statement provided as part of the CFPB’s February 2020 symposium on consumer access to financial records, as well as Petal’s submitted comments to CFPB as part of the1033 rulemaking process and a Medium post by CEO Jason Gross published earlier this year titled “Your financial data belongs to you, not your bank.”

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FDATA North America Congratulates Chopra on Confirmation, Calls for Speedy Action on Open Finance Regulation

 

Contact: Kerrie Rushton, (202) 365-6338, [email protected] 

September 30, 2021, Washington, DC – The Financial Data and Technology Association (FDATA) of North America today issued a statement following the successful Senate confirmation for Rohit Chopra to be director of the Consumer Financial Protection Bureau:

“We congratulate Mr. Chopra on his confirmation and are eager to work with him and CFPB staff to advance an open finance regime in the United States. Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act authorizes the CFPB to establish by regulation a consumer financial services data right in the United States. The Obama administration recognized a customer’s inherent right to their financial data, and so did the Trump administration. President Biden’s recent competition executive order similarly called for the CFPB to quickly issue a regulation honoring Section 1033. Now that Chopra is confirmed, that work can — and must — move forward.

“With nations across the world moving toward open banking, U.S. policymakers must work quickly to implement a customer-centric, 21st century financial services marketplace that boosts competition, better protects consumers, and helps improve financial inclusion.”


ABOUT FDATA NORTH AMERICA
FDATA was heavily involved in the UK Open Banking Working Group in 2015. In 2016, the working group’s output was published by Her Majesty’s Treasury as the Open Banking Standard. FDATA North America was founded in early 2018. Its members collectively provide tens of millions of consumers in Canada, the United States and Mexico with aggregation-based tools to better manage their finances.

Members include air (Alliance for Innovative Regulation), APImetrics, Basis Theory, Betterment, BillGo, Codat, Direct ID, Envestnet Yodlee, EQ Bank, Experian, Fiserv, Flinks, Interac, Intuit, Inverite, Kabbage, Mogo, Morningstsar, M Science, MX, Petal, Plaid, Questrade, Rocket Mortgage, SaltEdge, Trustly, ValidiFI, VoPay, Wealthica, Xero, and others.

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FDATA North America Submits Comments to US House Consumer Protection Subcommittee on the Future of Banking

September 29, 2021, Washington, DC – Today, FDATA North America submitted a letter for the record for the U.S. House Financial Services Committee’s Subcommittee on Consumer Protection and Financial Institutions hearing “The Future of Banking: How Consolidation, Nonbank Competition, and Technology are Reshaping the Banking System.” The letter outlines FDATA North America’s mission to advocate for a financial ecosystem in which the end user has complete utility of their financial data.

Throughout the letter, FDATA North America Executive Director Steve Boms highlighted the steps necessary for the Consumer Financial Protection Bureau (CFPB) to promulgate, by rule, a customer financial data right that will spur greater financial services innovation and competition as well as improve consumer financial access and inclusion and the importance of the subcommittee in . “As the CFPB works to promulgate a proposed rule under Section 1033 of the Dodd-Frank Act to improve competition in the financial services system, we hope that the subcommittee will continue to examine this vitally important space and encourage the Bureau to use its statutory authority to create a customer-centric, safe, competitive, and secure open finance system in the United States,” Boms stated.

To accomplish the goal of leveling the playing field for consumers and small businesses, expanding financial access and inclusion, improving competition in the financial services marketplace and, on a global level, ensuring that the United States’ financial services system remains competitive internationally, FDATA North America outlined its recommendations to the Bureau that it utilize its Section 1033 authority to issue a rule that adheres to five key principles:

  1. Create a legally binding customer financial data right;
  2. Define and clear enumerate the limited circumstances in which custodians of financial data may override customer consent;
  3. Supervise financial data aggregation firms;
  4. Coordinate with the prudential regulators on Regulation E modernization; and
  5. Recognize the need to permit current and legacy technology

Boms noted that the combination of these principles “would provide consumers and small businesses with safe, secure access to their financial data and, by extension, to critically important financial applications and tools that can meaningfully improve their financial wellbeing.”

Image result for paperclip iconFDATA North America Letter for the Record on the Future of Banking


ABOUT FDATA NORTH AMERICA
FDATA was heavily involved in the UK Open Banking Working Group in 2015. In 2016, the working group’s output was published by Her Majesty’s Treasury as the Open Banking Standard. FDATA North America was founded in early 2018. Its members collectively provide tens of millions of consumers in Canada, the United States, and Mexico with aggregation-based tools to better manage their finances.

Members include air (Alliance for Innovative Regulation), APImetrics, Basis Theory, Betterment, BillGo, Codat, Direct ID, Envestnet Yodlee, Equitable Bank, Experian, Fiserv, Flinks, Interac, Intuit, Inverite, Kabbage, Mogo, Morningstsar, M Science, MX, Petal, Plaid, Questrade, Rocket Mortgage, SaltEdge, Trustly, ValidiFI, VoPay, Wealthica, Xero, and others.

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FDATA North America Submits Comments to US Financial Regulators’ Request for Comment on Managing Risks Associated with Third-Party Relationships

September 23, 2021, Washington, DC – Today, the Financial Data and Technology Association (FDATA) of North America submitted comments to the US financial regulators as part of their proposed interagency guidance and request for comment on managing risks associated with third party relationships. The Federal Reserve, Federal Deposit Insurance Corporation (FDIC), and Office of the Comptroller of the Currency (OCC) sought comments on proposed guidance on sound risk management principles for banking organizations to consider in developing risk management practices for third-party relationships. In its response, FDATA North America expressed that streamlining the ability for banks to partner with third-party providers will be critical to the survival of small and community banks in the United States and to the financial wellness of their customers. 

Throughout the submission, FDATA North America Executive Director Steve Boms discussed the scope, tailored approach, and information security around these relationships from the perspective of the aggregation and fintech community. “Though the proposed guidance is directed toward insured depository institutions, it directly impacts third-party providers which [FDATA North America] represents and, by extension their customers,” Boms stated. 

Additionally, Boms discussed concern that the OCC’s 2020 FAQs on third-party risk management guidance have increased the complexity of bilateral data access agreement negotiations, thus creating an environment in which “the largest financial institutions are in a position of increased control over whether and how their customers will have the ability so share access to their financial data.” Therefore, Boms expressed that a solution to this problem would be to remove the interpretive role banks play today in this space through the creation of a regulatory structure in which prudential regulators “supervise and retain full responsibility for interactions only between banks and data aggregators,” while the Consumer Financial Protection Bureau (CFPB), upon finalization of a rule under Section 1033 of the Dodd-Frank Act, “is similarly responsible for supervising the relationship between data aggregators and third-party providers, and by extension, the end users.” Doing so, Boms stated, would eliminate the “legal grey area” which is currently stifling the growth and innovation of third-party financial tools to the detriment of US consumers. 

FDATA North America urged the agencies to embrace the letter and spirit of the July 2021 Executive Order on promoting competition in the American economy and ensure that any policy changes resulting from the development of this guidance do not interfere with the goals set out in the Order.

Image result for paperclip iconFDATA North America submission to financial regulators’ request for comment on third-party relationships


ABOUT FDATA NORTH AMERICA
FDATA was heavily involved in the UK Open Banking Working Group in 2015. In 2016, the working group’s output was published by Her Majesty’s Treasury as the Open Banking Standard. FDATA North America was founded in early 2018. Its members collectively provide tens of millions of consumers in Canada, the United States and Mexico with aggregation-based tools to better manage their finances.

Members include air (Alliance for Innovative Regulation), APImetrics, Basis Theory, Betterment, BillGo, Codat, Direct ID, Envestnet Yodlee, EQ Bank, Experian, Fiserv, Flinks, Interac, Intuit, Inverite, Kabbage, Mogo, Morningstsar, M Science, MX, Petal, Plaid, Questrade, Rocket Mortgage, SaltEdge, Trustly, ValidiFI, VoPay, Wealthica, Xero, and others.

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FDATA North America Submits Comments to House Fintech Task Force on Data Access

September 20, 2021, Washington, DC – Today, FDATA North America submitted a letter for the record for the U.S. House Financial Services Committee’s Task Force on Financial Technology’s hearing “Preserving the Right of Consumers to Access Personal Financial Data.” The letter outlines FDATA North America’s mission to advocate for a financial ecosystem in which the end user has complete utility of their financial data.

Throughout the letter, FDATA North America Executive Director Steve Boms discussed the importance of the Consumer Financial Protection Bureau (CFPB) utilizing the authority vested in it under Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to promulgate, by rule, a consumer financial data right that will spur greater financial access and inclusion. “FDATA North America has been encouraged by two important developments” that advance Section 1033, including:

  1. The issuance of an advance notice of proposed rulemaking by the [Consumer Financial Protection] Bureau (CFPB) pertaining to consumer access to financial records late last year; and
  2. Inclusion in President Joe Biden’s July 2021 Executive Order on Promoting Competition in the American Economy language that encourages the CFPB  to consider “commencing or continuing a rulemaking under section 1033 to facilitate the portability

Promulgation of Section 1033, Boms stated, comes at a critical moment whereby countries around the world are quickly embracing the notion that the customer should be in control of their own financial data. “The status quo, under which financial institutions continuously exercise control over their customers’ data, provides little benefit to the consumer or small business,” Boms noted. Additionally, innovation and competition in the financial services marketplace are stifled under the current environment that is controlled by commercial interests, prohibits the move to a modernized customer-centric, safe and secure open finance system in the United States.

Image result for paperclip iconFDATA North America Letter for the Record on Data Access


ABOUT FDATA NORTH AMERICA
FDATA was heavily involved in the UK Open Banking Working Group in 2015. In 2016, the working group’s output was published by Her Majesty’s Treasury as the Open Banking Standard. FDATA North America was founded in early 2018. Its members collectively provide tens of millions of consumers in Canada, the United States, and Mexico with aggregation-based tools to better manage their finances.

Members include air (Alliance for Innovative Regulation), APImetrics, Basis Theory, Betterment, BillGo, Codat, Direct ID, Envestnet Yodlee, Equitable Bank, Experian, Fiserv, Flinks, Interac, Intuit, Inverite, Kabbage, Mogo, Morningstsar, M Science, MX, Petal, Plaid, Questrade, Rocket Mortgage, SaltEdge, Trustly, ValidiFI, VoPay, Wealthica, Xero, and others.

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FDATA North America Responds to US CFPB ANPR on Consumer Access to Financial Records

February 3, 2021, Washington, DC – Today, FDATA North America submitted comments to the US Consumer Financial Protection Bureau (CFPB) in response to its Advanced Notice of Proposed Rulemaking (ANPR) regarding consumer access to financial records, or Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

In the submission, FDATA North America Executive Director Steve Boms praised the CFPB for formally beginning the process of crafting a rule in this critically important area following many years of careful examination of the customer-permissioned data access and financial services ecosystems. “FDATA North America strongly supports the authority given to the CFPB by Congress in 2010 to promulgate, by rule, a consumer financial data right that will spur greater financial services innovation and competition and improve consumer financial access and inclusion,” Boms noted.

Boms concluded the association’s submission by encouraging the Bureau “to fully utilize its Section 1033 authority to create a customer financial data right to allow consumers and small businesses to have unrestricted access to technology-based tools that can help them improve their financial wellbeing, along with other important bedrocks of an open finance regime.”

Image result for paperclip iconFDATA North America CFPB ANPR Submission


ABOUT FDATA NORTH AMERICA
FDATA was heavily involved in the UK Open Banking Working Group in 2015. In 2016, the working group’s output was published by Her Majesty’s Treasury as the Open Banking Standard. FDATA North America was founded in early 2018. Its members collectively provide tens of millions of consumers in Canada, the United States and Mexico with aggregation-based tools to better manage their finances. Existing FDATA North America members include: air (Alliance for Innovative Regulation), API Metrics, Betterment, Direct ID, Envestnet Yodlee, EQ Bank, Experian, Fintech Growth Syndicate, Fiserv, Flinks, Interac, Intuit, Kabbage, Mogo, Morningstsar, M Science, MX, Petal, Plaid, Questrade, Quicken Loans, TransUnion, Trustly, ValidiFI, VoPay, Wealthica, Xero, and others.

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FDATA North America Statement on the CFPB ANPR on Dodd-Frank 1033

FDATA North America Statement on the CFPB ANPR on Dodd-Frank 1033

Contact: Kerrie Rushton, (202) 365-6338, [email protected]

October 22, Washington, DC – Steve Boms, Executive Director of the Financial Data and Technology Association (FDATA) of North America released the following statement regarding the Consumer Financial Protection Bureau’s advanced notice of proposed rulemaking (ANPR) on Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act:

“This day certainly is a welcome one for consumers and small businesses. Congress gave the CFPB the power a decade ago to ensure Americans have a uniform right to access and use their financial data however they see fit, and today the Bureau is a step closer to asserting that right. If adopted, a rule implementing Section 1033 of the Dodd-Frank Act would be a major building block toward a consumer-centric open finance ecosystem in the United States.

“In any open finance system, consumer protection and security are paramount, which is why every market globally with an open finance framework has a legally binding data right as its centerpiece. We encourage the CFPB to fully utilize its Section 1033 authority to create a consumer financial data right to allow consumers and small businesses to have unrestricted access to technology-based tools that can help them improve their financial wellbeing.”


ABOUT FDATA NORTH AMERICA

FDATA was heavily involved in the UK Open Banking Working Group in 2015. In 2016, the working group’s output was published by Her Majesty’s Treasury as the Open Banking Standard. FDATA North America was founded in early 2018. Its members collectively provide tens of millions of consumers in Canada, the United States and Mexico with aggregation-based tools to better manage their finances. Existing FDATA North America members include: air (Alliance for Innovative Regulation), API Metrics, Betterment, Direct ID, Envestnet Yodlee, EQ Bank, Experian, Fintech Growth Syndicate, Fiserv, Flinks, Interac, Intuit, Kabbage, Mogo, Morningstar, M Science, MX, Petal, Plaid, Questrade, Quicken Loans, TransUnion, Trustly, ValidFi, VoPay, Wealthica, Xero, and others.

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