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Banking

ATM Fees * Financial Privacy *

One of the most important accomplishments of the last Congress was the passage of legislation modernizing the financial services industry. Signed into new law on November 12, 1999, the Financial Services Act was 20 years in the making.

I supported the Financial Services Act because it updates our depression-era banking laws, which are antiquated and are being quickly outstripped by an evolving market. In my remarks for the House floor, I stated:

 

The simple fact is, these banking reforms are long overdue. The anti-affiliation provisions of the Glass-Steagall Act are sorely outdated and have increasingly impeded the United States' ability to compete in the new world economy. Encouraging greater competition will lower prices for financial services and improve products, benefiting consumers and the economy.
The comprehensive financial reforms contained in the Financial Services Act promote greater competition by allowing banks expanded activities such as securities and insurance. It also allows insurance agents and companies to offer financial services typically provided by banks, and to affiliate with financial institutions.

While I realize some will benefit from the changes more than others, fostering competition between financial institutions ultimately will ensure consumers have greater choices at lower cost.

I also believe any expansion of banking or insurance powers, must be functionally regulated. Banks that offer insurance should be regulated under the state insurance commission. Insurance companies that offer financial services should be governed by regulations that apply to banks. And the Securities and Exchange Commission (SEC) should regulate securities activities. The Financial Services Act includes all these requirements.

ATM Fees

The Financial Services Act also requires ATM operators to disclose surcharge fees imposed on non-customers, both on a sign placed on the machine and as part of the on-screen display. The bill prohibits the imposition of these fees unless the required disclosures are posted and the consumer elects to proceed with the transaction after receiving such notice.

Financial Privacy

During consideration of the Financial Services Act, I supported an amendment to strengthen the bill's consumer privacy protections. The amendment, which passed by a vote of 427 to 1, does the following:

  • imposes on all financial institutions an obligation to respect the privacy and protect the confidentiality of customers' personal information;

     

  • requires financial institutions to disclose their policies for collecting and protecting confidential information;

     

  • allows consumers to "opt-out" of information-sharing policies with unaffiliated third parties;

     

  • prohibits unaffiliated third parties that receive confidential customer information from sharing this information with any other unaffiliated party; and

     

  • prohibits financial institutions from disclosing to third parties any credit card, savings, and transaction account numbers for marketing purposes.
The version of the Financial Services Act ultimately signed into law further strengthened the above privacy protections by stating that state laws that provide greater financial privacy would not be preempted by the bill.

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