Volume 41 | January 2024

Vermont Department of Financial Regulation

Industry News

Record Consumer Credit Card and Phantom Debt Greet 2024

The year 2023 ended with Vermont being recognized as the top global domicile for captive insurance, several US Senators urging the Consumer Financial Protection Bureau to monitor the risks associated with “buy now, pay later” (BNPL) products, the Federal Reserve reporting U.S. consumer debt surpassing the $5 trillion mark in November, and the Office of the Comptroller of the Currency issuing OCC Bulletin 2023-37 in December specifically to provide guidance to banks and others on the effective management of risks associated with BNPL lending. Increasing consumer debt – led by mortgage, credit card and student loan balances – already presents growing concerns among economists and others. The popularity of BNPL only adds to their worry. Despite the lessons learned from the 2008 financial crisis, household debt as a proportion of gross domestic product has grown significantly in numerous countries. Recent studies show household debt levels in the U.S. as a fraction of GDP are high. BNPL's popularity and its ability to be spread across various retailers sans the typical regulatory safeguards easily can lead to excessive debt accumulation and over-extension by consumers, exacerbating an already pressing issue. BNPL was expected to and did reach record use levels over the holidays, starting with cyber week, based on Adobe Holiday Shopping Trends data. Consumers used BNPL to finance $16.6 billion between November 1 and December 31, 2023. Overall, vigorous holiday spending helped push consumer debt to $23.8 billion above October levels and led to the third straight month of increases. Making matters worse is the trend of "doom spending" by Americans. (continue reading)

Producer License Team Announces Start of Renewal Cycle


The Department Producer License Team recently announced the start of the DFR renewal cycle for adjuster license types on January 1, 2024. Licensees having a March 31, 2024, expiration date can now submit renewal applications via the National Insurance Producer Registry. All renewal notifications were sent on January 2 and include renewal instructions. Submit renewal applications by the license expiration date of March 31, 2024, or the license will lapse. Questions? Contact the DFR Producer Licensing Team by phone at 802-828-3303 or email: dfr.producerlicensing@vermont.gov.

FTC Alert Highlights Importance of CARS Rule

A consumer alert issued earlier this month by the Federal Trade Commission highlights the vital role its recently passed CARS Rule plays in protecting the public against the two most common types of illegal tactics faced when purchasing trucks and automobiles: bait-and-switch tactics and junk fees. Addressing these three main areas: Pricing and payments; Add-on products or services; Real consent for all charges – the FTC’s new Combating Auto Retail Scams (CARS) Rule requires accurate information and transparency and provides a recourse for those who unwittingly fall prey to dealers using misleading ads or charging hidden fees. The January 4 FTC Consumer Alert reports that the FTC and State of Connecticut just sued Manchester City Nissan (MCN), its owners, and some key employees for illegally charging car buyers; “MCN charged buyers junk fees — hidden and bogus fees that can harm consumers and undercut honest businesses. Car buyers paid thousands of dollars for certification fees, add-on products, and government fees that buyers had already said they didn’t want to pay for, didn’t know about, or that MCN tricked them into buying.” The FTC CARS Rule will make vehicle shopping easier and based on the actual price, according to the FTC, which t estimates car buyers will save $3.4 billion annually. The Rule takes effect on July 30, 2024. Expect more FTC advice about buying a car or truck at a dealership in the coming weeks.

Life Insurance Benefits and Unclaimed Property

February 1 is National Unclaimed Property Day

February’s upcoming Unclaimed Property Day presents an ideal opportunity to discuss Vermont’s long and storied history with life insurance companies, the payment of life insurance benefits and the reporting of such as unclaimed property. It’s also a good time to mention Unclaimed Property in the World of Life Insurance, the Sovos web seminar scheduled for Thursday this week.  

More than a decade ago, on May 22, 2013, then-Governor Peter Shumlin signed the Consumer Protection Law for Unclaimed Life Insurance Benefits which established requirements for life insurance companies around the use of certain databases, good-faith efforts to locate any beneficiaries and, the reporting of monies to the State Treasurer unclaimed property fund when and if a beneficiary cannot be found. The law followed a multi-state initiative that required life insurance companies to pay out on old, sometimes forgotten, policies resulting in more than $1 billion immediately being returned nationally to beneficiaries as insurance companies worked to reach agreement with the states. Another $820 million went to state unclaimed property programs for reuniting with rightful owners, and $4.98 million in unclaimed property went to the Vermont Treasurer’s Office. All of this spurred the insurance industry along with trade and other-related groups to draft a national model to standardize the process for handling unclaimed life insurance policies, help reduce the number of outstanding claims and promote best practices. (continue reading)

Did You Notice? DFR Layout Reformatted to Improve Web Accessibility.


Based on input from the State Chief Marketing Office, DFR Industry News has revised its layout to improve online accessibility for those with learning, sight, language or other specific needs. What does accessible mean in terms of the World Wide Web? Mainly, it means ensuring people of all abilities can understand and access anything on the web. The World Wide Web Consortium, the main international Internet standards organization, describes the fundamental design of the Web as working for “all people, whatever their hardware, software, language, location, or ability. When the web meets this goal, it is accessible to people with a diverse range of hearing, movement, sight, and cognitive ability.” The US Department of Justice Civil Rights Division defines website accessibility in terms of meeting Americans with Disabilities Act (ADA) mandates; inaccessible web contents denies equal access to those with disabilities.So accessibility means different things to different people. For some it means a computer equipped with speech technology or printed information in Braille or large print. For others it means reading a website in their first language.The DFR Industry News underwent small design changes: the Department logo at the top was replaced by a text-only heading because screen readers can miss or read such text out of order. The logo was relocated to the bottom and, with the use of the full Department name in the revised header, the ‘DFR' in the newsletter name was removed to avoid redundancy. Why does accessibility matter? Because for a great many people web information is not readily and easily available. Besides falling in line with State guidelines, making information more easily accessible to a greater group of people increases the reach of one's messages exponentially, fosters goodwill and understanding and ensures the universality of the Web, which is its power. Visit the W3C website to learn more about website accessibility, basic considerations for making your user interface design and visual design more accessible to people with disabilities, and good practices for meeting Web Content Accessibility Guidelines (WCAG) requirements. The WCAG are a web accessibility guideline series published by the Web Accessibility Initiative (WAI)

DFR Regulations, Bulletins and Orders

Orders



Docket No. 23-011-I

01/01/2024

Coding and Reimbursement for Audio-Only Telephone Services


Docket No. 21-050-S

12/14/2023

Judgment and Order in Re Colomont, Inc. and Christopher Santee


Review all orders.

Regulations


No new regulations issued since last publicaton of DFR Industry News.


View all regulations.


Bulletins


No new bulletins issued since last publicaton of DFR Industry News.


View all bulletins.

BREAKING: CFPB Issues Alert - Beware of New CFPB Imposter Scams  

Industry News Digest

BREAKING: CFPB Issues Alert - Beware of New CFPB Imposter Scams


Vermont Captives Off to an Even Stronger Start This Year - Captive.com 01.11.24

"In a recent statement from the Vermont Department of Economic Development, 2023 reflected a strong year for captive insurance in the State of Vermont, and 2024 is already off to an even stronger start. Beyond being recognized globally as the leading domicile for captive insurance, Vermont licensed a total of 38 new captive insurance companies in 2023, making it home to 659 licensed captives, consisting of 632 active and 27 dormant captives."


Consumer Debt Just Topped $5 Trillion for the First Time Ever. Is There Cause for Worry? - Deseret News 01.10.24

"New data from the Federal Reserve shows overall outstanding debt carried by U.S. consumers breached the $5 trillion mark last November, marking an all-time high. Robust holiday spending helped drive up consumer debt by $23.8 billion over October levels and marks the third straight month of increases. A report from Wells Fargo economists notes the main driver of this increase was revolving consumer credit, a category primarily composed of credit cards, which accounted for $19.1 billion of the overall increase. Non-revolving debt also contributed to the increase in November, though it was a more muted $4.6 billion gain and in line with the pace of increases in the two months prior, according to the Wells Fargo report. The 1.5% month-over-month jump marks one of the biggest ever in terms of both percentage change and dollar amount."


Competitive Fees Offered for Potential Spot Bitcoin ETFs to Attract Investors - Bennington Banner 01.10.24

"Crypto investors are anticipating the SEC's potential approval of spot bitcoin ETF applications on Wednesday. Fees for prospective spot bitcoin ETFs are already competitive, with many issuers waiving fees for the initial 6 months to attract investors. Fees range from 0% to a maximum of 1.5%. It's unclear how well a spot bitcoin ETF will track the price of bitcoin itself and bitcoin futures contracts. Performance will need to be monitored once launched. Initial inflows to spot bitcoin ETFs are estimated at $2-3 billion in the first month and $10-20 billion for the full year."


BREAKING: SEC Approves 11 ETFs Holding Bitcoin - Law360 01.10.24

“The U.S. Securities and Exchange Commission on Wednesday approved requests from exchanges to list 11 exchange-traded products holding physical bitcoin in a landmark decision highly anticipated by crypto advocates.”


Vermont Investors to Receive Full Restitution – Public. 01.09.24

February 12, 2024, is the due date defined in the recent DFR order requiring Colomont, Inc. and its former CEO, Christopher Santee, to pay at least $419,000 in restitution to at least 375 individuals to whom Colomont and Mr. Santee sold corporate shares that were not registered with the Department of Financial Regulation. "Last month the Commissioner of Financial Regulation ordered Colomont, Inc. and its former CEO, Christopher Santee, to pay at least $419,000 in restitution to at least 375 individuals to whom Colomont and Mr. Santee sold corporate shares that were not registered with the Department of Financial Regulation (Department). Under the order, Colomont and Mr. Santee are required to repay Colomont investors the amount that each investor originally paid for their shares by no later than February 12, 2024. Colomont and Mr. Santee are also required to pay the Department an administrative penalty of $37,500." (media release)


ESG Programs Struggle for Support - LinkedIn News 01.09.24

"ESG – the term for environmental, social and government efforts – is no longer the sweetheart of corporate jargon. Instead, companies like Coca-Cola are rebranding their social efforts as ‘responsible business’ in an effort to avoid regulatory or public scrutiny, The Wall Street Journal reports. Others are quietly continuing their ESG programs without much fanfare, leading to a drop in the number of companies that mentioned ESG on earnings calls in 2023. However, it appears that many companies remain committed to the values behind the acronym, especially environmental causes in the face of climate change."


Americans Are Racking Up More ‘Phantom Debt’ — Why That’s a Problem - CNBC 01.07.24

"Over the holidays, the use of 'buy now, pay later' loans hit an all-time high. • Because the lenders generally don’t report to the major credit-reporting companies, it’s hard to know exactly how much of this debt is currently out there. • These loans can also be hard for consumers to keep track of, which can lead to debt problems, experts say.| Some types of debt can haunt you. 'Buy now, pay later' loans, especially, can be hard to track, making it easier for more consumers to get in over their heads, some experts say — even more than credit cards, which are simpler to account for, despite sky-high interest rates. Over the holidays, the use of installment payments hit an all-time high, up 14% year over year, according to Adobe’s latest online shopping data. Buy now, pay later is now one of the fastest-growing categories in consumer finance, according to a separate report by Wells Fargo."


Fidelity Sets Bitcoin Fees - LinkedIn News 01.04.24

"As the Securities and Exchange Commission prepares to approve Bitcoin exchange-traded funds (ETFs), two issuers have moved to set their fees. Fidelity Investments plans to charge an annual fee of 0.39% for investors in its Wise Origin Bitcoin Trust, according to Fortune, which cites a court filing. Invesco Galaxy has said it will charge BTCO fund holders 0.59% annually, with the fee waived for the first six months. Although the SEC has yet to approve a spot ETF, signals that it will have led to issuers 'jockeying for an early advantage' to attract investors."

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