Disclosures for Prepaid Card Programs: An Overview of the Rules. Andrew J. Lorentz

Similar documents
The Changing Landscape of Gift Card and Unclaimed Property Laws and Their Impact on Banks, Retailers and Consumers

State Gift Card Consumer Protection Laws*

Gift Card and Gift Certificate Sales

Cumberland Valley National Bank & Trust Cash Card (Reloadable) Prepaid Card Terms & Conditions

Chicago Region Regulatory Conference Call July 29, 2014 DON T FORGET ABOUT DEPOSIT REGULATIONS

Payroll Card Position Paper July 2004

A+FCU GIFT CARD TERMS AND CONDITIONS

Credit vs. Debit National Conference of State Legislators. Jean Ann Fox Director of Financial Services Consumer Federation of America

Atlanta Region Regulatory Conference Call August 20, 2015 DON T FORGET ABOUT DEPOSIT REGULATIONS

MASTERCARD PREPAID CARDHOLDER TERMS & AGREEMENT

About Your Gift Card

Replacement Card Fee (SVC CHG REPLACE CARD): $5.00 (applies when card is replaced for any reason)

FOR 24-HOUR CUSTOMER SERVICE. Visit us online at americanexpress.com/mygiftcard or call

CFPB Consumer Laws and Regulations

CAESAR S TOTAL REWARDS PROMOTIONAL CARD TERMS & CONDITIONS FEES ASSOCIATED WITH YOUR GIFT CARD

Non-Credit Card Products: Update on BSA/AML, Treasury Rules, and Unclaimed Property

PAYROLL CARD FREQUENTLY ASKED QUESTIONS

FOR CUSTOMER SERVICE. Visit us online at or call Balance Inquiries Purchase More Gift Cards Special Offers

Electronic Fund Transfer Act 1

This APR may be applied to your Credit Card account if you make a late payment. If you are charged interest, the charge will be no less than $1.00.

Gift Card Review. Public Consultation Paper & Survey

It s in the Cards. Participant s Guide

RELOADABLE PREPAID CARD

Not Just for Retailers: Gift Cards & Stored Value Cards:

Regulation E Electronic Fund Transfer Act

Examination Procedures

NAVY FEDERAL S BUSINESS REWARDS CARD PROGRAM DESCRIPTION

STATE EMPLOYEES CREDIT UNION VISA GIFT CARD TERMS AND CONDITIONS Effective September 2013

VI 2.1. VI. Deposits EFTA. Electronic Fund Transfer Act. Introduction

CARDHOLDER AGREEMENT IMPORTANT PLEASE READ CAREFULLY

MasterCard Agreement

PROGRAM DESCRIPTION NAVY FEDERAL S VISA SIGNATURE FLAGSHIP REWARDS CARD

VISA CREDIT CARD REGULATIONS

PNC Bank, National Association, which issues your Credit Card. The billing cycle or billing cycles of your Credit Card Account

ipayu TM Prepaid MasterCard FREQUENTLY ASKED QUESTIONS

ACT on Payment Services 1 ) 2 ) of 19 August Part 1 General Provisions

Discussion on Maintaining Loyalty & Promotional Exemptions & Best Practices

NAVY FEDERAL S GO REWARDS CARD PROGRAM DESCRIPTION. navyfederal.org

Visa Credit Card Cardmember Agreement

ELECTRONIC FUND TRANSFER AGREEMENT AND DISCLOSURE PERSONAL CHECK and/or ATM CARD

ELECTRONIC FUNDS TRANSFER AGREEMENT REG E DISCLOSURE

10.24% to 18.0% 11.24% to 18.0%

This APR may be applied to your account if you: apply?:

Virginia Tax Refund Debit Card Frequently Asked Questions for the Virginia Banking Community

Prepaid Cards. An alternative to credit and debit cards. When choosing how to pay for their purchases, consumers have many options.

Prepaid Card Terms and Conditions

Bearing Fruit: Reward and Loyalty Programs. UPPO Presentation Disclaimer

IMPORTANT PLEASE READ CAREFULLY.

FEDERAL RESERVE SYSTEM

Gift Card Guide. Gift Card. An overview of Chase Paymentech Gift Card processes and transaction types

Commerce Bank myspending Card Cardholder Agreement

New General Counsel s Opinion No. 8 The FDIC Provides Clarity on Deposit Insurance and Assessments on Funds Underlying Stored Value Cards

Electronic Funds Transfer - Your Rights and Responsibilities ELECTRONIC FUND TRANSFER AGREEMENT AND DISCLOSURE

U.S. Bank Contour Sub Account (including Direct Deposit) Cardholder Agreement For Sub Accounts Opened Prior to September 1, 2014

Boss Revolution Direct to Consumer U.S. Website. Terms of Use for Non-Regulated Products and Services that IDT Distributes

Is the Harris MasterCard Gift Card a credit card? No, the Harris MasterCard Gift Card is a prepaid MasterCard.

MyNetCard Visa Card Terms and Conditions

David Jones Storecard and David Jones American Express Card Member Agreement, Financial Services Guide and Purchase Protection. Terms and Conditions

Banking on Campus Forum

1. Agreement. These regulations govern the possession and use of credit cards ( card ) issued by Bank of the Flint Hills ( Issuer ).

Travel Card. Cardholder Frequently Asked Questions. June 2014 T.FQ.S E

Google Payments Terms of Service Buyer (US)

THE NEW LOOK OF GIFT CARDS

BankAmericard Cash Rewards Program Rules

TCF Miles Plus SM Rewards Program

MarketPlace Leichhardt VIP Cashback Card and Loyalty Program Terms and Conditions Issued 5 December 2013

TruRewards Terms and Conditions

Selecting a Secure and Compliant Prepaid Reloadable Card Program

Diners Club Business/ Corporate Card Terms and Conditions

IMPORTANT INFORMATION ABOUT OPENING A NEW ACCOUNT:

July 31, Proposed Rule Making on Addition of Part 192 to Title 12 NYCRR Methods of Wage Payment, I.D. No. LAB P

GIFT CARDS AND LOYALTY PROGRAMS IN FRANCHISE SYSTEMS

Diners Club Corporate Travel System Terms and Conditions

Travis County Credit Union MasterCard Credit Card Agreement & Truth in Lending Disclosure

One Hundred Eleventh Congress of the United States of America

Perspectives on Financial Products Marketed to College Students

How To Pay A Money Card On A Microsoft Money Card

Visa Student Card Terms and Conditions. These are your Student Card Terms and Conditions.

360 Federal Credit Union Reloadable Prepaid Card Terms and Conditions

CTIA. Consumer Code for Wireless Service

ELECTRONIC FUND TRANSFERS DISCLOSURE

1. Responsibility: 2. Lost Card Notification: 3. Liability for Unauthorized Use: 4a. Credit Line:

Visa Platinum Rewards Credit Card Agreement

Actorcard Prepaid Visa Card Terms & Conditions

Samford University Purchasing Card (PCARD) Program Policy and Procedures May 1, 2016

OHIO UNIVERSITY CREDIT UNION DISCLOSURE FOR ELECTRONIC FUND TRANSACTIONS (EFT) AND WIRE TRANSFER NOTIFICATION

VERITY CREDIT UNION BUSINESS PLATINUM VISA CREDIT CARD AGREEMENT

Direct Edge Regulatory Notice #12-03: Telemarketing Rules - Effective June 29, 2012

ELECTRONIC FUND TRANSFERS AGREEMENT AND DISCLOSURE

First Citizens' Federal Credit Union 200 Mill Road, Suite 100 PO Box 270 Fairhaven, MA

PRODUCT DISCLOSURE SHEET

ELECTRONIC FUNDS TRANSFER SERVICES PROVIDED

Limitations on frequency of transfers: For security reasons, we may limit the amount or number of transactions you can make with your Card.

Choosing and Using Credit Cards

ATB FINANCIAL BUSINESS REWARDS TERMS AND CONDITIONS

Reloadable Visa Debit Card. These are your Reloadable Visa Debit Card Terms and Conditions.

Frequently Asked Questions

Kroger Visa Prepaid Debit Card with REWARDS Visa Prepaid Debit Card Cardholder Agreement (Effective Date 10/1/2013)

Comments of Travis B. Plunkett, Legislative Director

Independent Bank 230 W Main St Ionia, MI ELECTRONIC FUND TRANSFER AGREEMENT AND DISCLOSURE

Transcription:

Disclosures for Prepaid Card Programs: An Overview of the Rules Andrew J. Lorentz

Overview Rules Vary by Issuer and Card Type Rules for Federally-Chartered Institutions (Open-Loop) Stored Value Cards: Guidance from OCC Gift Cards: Guidance from OCC and OTS Properly Documenting that Bank is the Issuer Rules for Retailers (Closed-Loop) Cards Covered Disclosures Expiration Dates Fees

Rules Vary by Issuer and Card Type Bank-Issued Network Branded Card: Material terms Regulation E Bank Secrecy Act Retailer-Issued Closed-Loop Card: Material terms State stored value/gift card laws UDAP FDIC Deposit Insurance Privacy policy Arbitration UDAP Preemption

Disclosures: Federally-Chartered Institutions Stored Value Cards (OCC) To adequately inform consumers, banks should consider disclosing: How, when and where to use the card How to increase the balance Whether interest, dividends or other return is paid on the electronic cash All fees charged Name of issuer and its obligation to redeem the electronic cash What happens to abandoned or expired funds Where liability lies if a transaction is not properly consummated Where, how and when to redeem cash Whether customer is protected if card is lost or stolen Whether the amount is insured by the FDIC How consumers can resolve disputes involving transactions Circumstances under which information about transactions may be disclosed to third parties OCC Bulletin 2006-34

Disclosures: Federally-Chartered Institutions Gift Cards (OCC and OTS): Whether the value is accessible from an ATM Whether the consumer can make a purchase for an amount greater than the gift card value In a form that can be passed on to gift card recipient from purchaser: Where the card may be used Policies governing fraud, errors, and merchant disputes Name of issuer Issuer s obligation to authorize transactions Any fees that apply to the card Importance of tracking the balance and how to check Whether and how card may be used with other payment methods What to do and responsibility if the card is lost or stolen How to report complaints and receive information about the cards Issuer s ability to revoke or change the terms Whether and how to receive replacement card

Disclosures: Federally-Chartered Institutions continued... On the card or on a sticker on the card How consumers can resolve problems or complaints Customer service number or website address to obtain additional information about the card Amount or existence of any maintenance, dormancy, usage or related fees Whether the gift card may only be used domestically if applicable Expiration, disclosed on the card (OCC: on the front of the card) OCC Bulletin 96-48; OTS Guidance, Gift Card Programs, Feb. 2007

Establishing that Cards are Issued by a Federally-Chartered Institution Consumer s agreement is with the bank Card and disclosures identify the bank as the issuer [advertisements, point-of-sale materials, Terms and Conditions, collateral, card carrier, and agreements with card program partners should all reflect bank as issuer] Bank establishes and imposes the fees and terms Bank controls the net proceeds of the fees Bank has financial responsibility to merchants that honor the card (holds the funds) OCC Bulletin 2006-34

State Laws: Which cards are regulated? State laws vary widely Broad definitions under many gift certificate or escheat laws: Gift card means any gift certificate, gift card or electronic gift card or any other medium issued or sold... for which the issuer has received payment for the full face value or full banked dollar value of the card for the future purchase or delivery of goods or services. Ariz. Rev. Stat. Ann. 44-7401. State legislative activity continues (~11 States have amended or proposed changes for 2008)

State Laws: Which cards are regulated? Common exceptions include: General use prepaid cards - cards issued by a financial institution usable at multiple unaffiliated merchants Awards, loyalty, or promotional program cards where no consideration received from consumer Cards donated or sold below face value to employers or charitable organizations for fundraising purposes Payroll cards Prepaid calling cards

State Laws: Disclosure requirements Conspicuous disclosure of key terms, fees and conditions, including type size requirements the following practices are declared unlawful... (33)(A) For any person, firm, partnership, association, or corporation to issue a gift certificate, store gift card, or general use gift card without:... (ii) Conspicuously printing the expiration date... and conspicuously printing the amount of any dormancy or nonuse fees... Ga. Code Ann., 10-1-393(b). Certain terms on face of card and on promotional materials, some with type size requirements Keep in mind State and federal UDAP laws

State Laws: Expiration date restrictions Expiration date permitted (with conspicuous disclosure, if reasonable, etc.) (~11 States) Minimum expiration period (1 to 7 years) (~13 States) Expiration dates are prohibited (~7 States) Escheat if expires (~5 States) The trend with national retailers is to not include expiration dates

State Laws: Fee restrictions Dormancy, account maintenance, service, inactivity, or postsale fees: Permitted (with conspicuous disclosure, if reasonable, etc.) (~8 States) Permitted after certain period of time (~7 States) Prohibited or VERY limited (~15 States) Escheat required if fees imposed (~3 States) Some States regulate fees for activation, re-activation, cash redemption, or card replacement Some States restrict fee amounts

Questions? Andrew J. Lorentz 1875 Pennsylvania Avenue, NW Washington, DC 20006 tel: +1 202 663 6070 andrew.lorentz@wilmerhale.com