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The Supreme Court’s  Roe Reversal and a Lesson from Credit Union history

Back to the Future

Noah Regan’s cartoon below portrays the logic of the Supreme Court’s overturning the Roe v. Wade precedent.

Supporters of the decision openly assert this puts the US back to what the situation was 50 years ago.  The “freedom to choose” right will now be a state by state determination.   The legal circumstances will vary widely in every jurisdiction.   Even within a single state, the decision could be modified anytime there is new political leadership elected.

Women and their partners will find themselves in an ever changing legal and/or criminal status.   This was an overt political decision.  The courts and lawyers demonstrated their profession’s singular ability to present arguments about woman’s rights that are completely contradictory to each other.  Therefore the solution will be political, not legal.

A Credit Union Perspective

How does a Supreme Court decision that goes against both precedent and common sense get changed?

Two of the current justices were involved in the NCUA vs. First National Bank and Trust case decided in February 1998 in a 5-4 decision written by Justice Clarence Thomas.  The lawyer presenting the NCUA-credit union position was John Roberts, now Chief Justice of the Court.

The court ruled that the NCUA’s interpretation of       § 109 of the Federal Credit Union Act (FCUA) that: “federal credit union membership shall be limited to groups having a common bond of occupation or association, or to groups within a well-defined neighborhood, community, or rural district” -permitted federal credit unions to be composed of multiple, unrelated employer groups, each having its own distinct common bond of occupation” was incorrect.

NCUA General Counsel Bucky Sebastian in 1983 had interpreted, and the Board agreed,  that in section 109 the word “groups” was plural, and therefore authorized multiple group charters.

The Supreme Court ruled in favor of the Bank position that the NCUA’s decision was contrary to law because § 109 unambiguously requires that the same common bond of occupation unite each member of an occupationally defined federal credit union.

Justice Thomas wrote: “the NCUA’s interpretation makes the statutory phrase “common bond” surplusage when applied to a federal credit union made up of multiple unrelated employer groups, because each such “group” already has its own “common bond,” employment with a particular employer. If the phrase “common bond” is to be given any meaning when the employees in such groups are joined together, a different “common bond”-one extending to each and every employee considered together-must be found to unite them.”

This Supreme Court also overruled a district court’s decision that NCUA had correctly interpreted § 109 following the Chevron precedent of deferring to Agency discretion when implementing a Congressional statute.  Note:  this week the Supreme Court is expected to announce a decision which may modify the Chevron precedent.

The Credit Union Response

This FOM ruling would have put federal credit unions back into the legal and practical world of 1934 when the Federal Act was passed.   The court decision ignored the entire history of credit unions and the evolution of financial services under deregulation.   Common sense and real world events made the court’s finding both impractical and a potential end to the federal chartering option.

For decades almost all state systems had much more flexible common bond regulations than NCUA’s.   If the ruling stood, there would have been a wholesale conversion to  state charters.

Credit unions mounted a coordinated and united campaign to change the federal law to continue NCUA’s common bond interpretation that had been followed for almost 20 years.  The result was the passage of the Credit Union Membership Access Act (HR 1151) by congress and signed by President Clinton on August 7, 1998.  This action preserved the NCUA’s FOM regulations albeit with a new set of regulatory requirements under the label of Prompt Corrective Action.

In this situation the state system was  where consumer’s freedom to select a coop financial option was preserved.

Women’s Rights

In the Roe decision, the return to the states to determine what rights a women has, will have the opposite effect of the credit union example.

The Court’s decision echoes an earlier time in our history:  “A house divided against itself cannot stand,” Lincoln warned Americans. “I believe this government cannot endure, permanently half slave and half free. I do not expect the Union to be dissolved—I do not expect the house to fall—but I do expect it will cease to be divided.”

The credit union case is very different in scope and political significance.  However both decisions show the Court’s willingness to turn back the clock, to ignore real world consequences, and throw issues back to the political process.

The common thread in these retro interpretations is the role of Justice Thomas.  He wrote the credit union opinion and assigned the Roe one.

The Roe reversal will, as in the credit union circumstance, require political action.   The court’s abortion  decision resolves nothing.  Like the credit union case, it will eventually come back to congress.

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Looking at Gas Prices: Facts and Interpretations

The St. Louis Federal Reserve’s economic research unit (FRED) has published two brief articles this past week analyzing trends in gas prices, both recent and long term.

Both provide evidence for those who would seek to turn the debate political about the increases.

The first article is the Long Term Trend in gas prices.  The analysis has two conclusions:

  1. Average annual CPI inflation from 1990 to 2021 was 2.4%, while average annual gasoline price inflation was 3.9%.
  2. Increased demand for gasoline is not likely the primary reason for gasoline price increases over the past decade, however. It increased from 62.9 million gallons in 1990 to 80.4 million gallons in 2006 but began to decrease in 2006. In 2019, U.S. motor gasoline consumption was 80.9 million gallons—only 0.5 million gallons more than motor gasoline consumption in 2006.

The macroeconomic result is that expenditures on motor gasoline made up a smaller percentage of GDP in 2019 (1.7%) than they did in 1990 (2.1%).

Feathers and Rockets: The Consumer’s Disadvantage

The second analysis tracks the relation between the price of oil and gasoline at the pump.

The article’s conclusion:   When oil prices shoot upward, gas prices rise with them. And when oil prices fall, gasoline prices also fall; but they can fall at a slower rate. Economists refer to this market dynamic as “asymmetric pass-through.” A more colorful description of the phenomenon is “rockets and feathers.”

The chart in the article is dynamic allowing the user to focus on recent changes.  This phenomenon doesn’t occur every time oil prices fall, but can be seen in recent months: at the beginning of December 2021 and at the end of March 2022.

Why Members Are Angry

How one interprets the charts and data in these articles will probably influence which political interpretation  for higher prices a person is inclined to believe now.

Both articles highlight the reality of retailer market power and consumer search costs as reasons why many members (consumers) feel so frustrated by the seeming monopolistic pricing patterns when paying for gas at the pump.

Their anger is more than high prices.  It is the absence of  “consumer sovereignty” (choice) the supposed  hallmark of a market economy.

 

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Thursday Thoughts

The Goal of Enough

“Enough looks inward at need, rather than outward at want, like consumerism does. Enough pumps the brakes when we are no longer hungry, or cold, or alone.

“Consumerism floors the accelerator, because there is always someone, somewhere to chase, fueled by consumerist envy.

“My father — a top-tier über-consumer — used to read stories about billionaires and critique out loud what he called “abstract levels of wealth”. “How many pairs of pants can they wear at once?! How many cars can they drive?!” In the next breath, he would chuckle about the six bagfuls of suits he just gave away, because his enormous closets were overstuffed, and “it got a bit crazy”.  (quote from a column by Richard Rohr)

The response to consumerism by Sister José Hobday (1929–2009), a modern Franciscan:

“Simple living is not about elegant frugality. It is not really about deprivation of whatever is useful and helpful for our life. It is not about harsh rules and stringent regulations. To live simply, one has to consider all of these and they may be included to some degree, but simple living is about freedom. It’s about a freedom to choose space rather than clutter, to choose open and generous living rather than a secure and sheltered way.

“Freedom is about choices: Freedom to choose less rather than more. It’s about choosing time for people and ideas and self-growth rather than for maintenance and guarding and possessing and cleaning. Simple living is about moving through life rather lightly, delighting in the plain and the subtle. It is about poetry and dance, song and art, music and grace. It is about optimism and humor, gratitude and appreciation. It is about embracing life with wide-open arms. It’s about living and giving with no strings attached. . . .

“Simple living is as close as the land on which we stand. It is as far-reaching as the universe that makes us gasp. Simple living is a relaxed grasp on money, things, and even friends. Simplicity cherishes ideas and relationships. They are treasured more because simplicity doesn’t cling nor try to possess things or people or relationships. Simplicity frees us within, but it frees others, too. . . . Simple living is a statement of presence. The real me. This simplicity makes us welcome among the wealthy and the poor alike. . . .”

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On Ukraine

At the entrance to the memorial park in Kyiv, there is a sculpture of an extremely thin girl with a very sad look holding a handful of wheat ears in her hands. Behind her back is the Candle of Remembrance, a monument with details reminiscent of authentic embroidery that can be found on traditional Ukrainian costumes. This is a monument that commemorates a historical event known as the Holodomor.

What is the Holodomor?

After the end of the First World War, Ukraine was an independent state, but in 1919 the Soviet Union “sucked” it into the community of Soviet states. The Ukrainians, who even then considered themselves a Central European people like the Poles and not an Eastern European like the Russians, tried to restore Ukraine’s independence.

In 1932, not wanting to lose control of Europe’s main granary, Stalin resorted to one of the most heinous forms of terror against one nation. In the process of nationalization, he took away the grain-producing land from the Ukrainian peasants, but also all its offerings, thus creating an artificial famine.

The goal was to “teach Ukrainians to be smart” so that they would no longer oppose official Moscow. Thus the people who produced the most grain in Europe were left without a crumb of bread. The peak of the Holodomor was in the spring of 1933. In Ukraine at that time, 17 people died of hunger every minute, more than 1,000 every hour, and almost 24,500 every day! People were literally starving to death in the streets.

Stalin settled the Russian population in the emptied Ukrainian villages. During the next census, there was a large shortage of population. Therefore, the Soviet government annulled the census, destroyed the census documents, and the enumerators were shot or sent to the gulag, in order to completely hide the truth.

World War. Their poison gas was hunger. Their Hitler was Stalin. Their Holocaust was the Holodomor. For them, fascist Berlin was Soviet Moscow, and their concentration camp was the Soviet Union.

Today, 28 countries around the world present the Holodomor as genocide against Ukrainians, which you could not learn about in school, because almost all evidence was destroyed and victims were covered up for decades, survivors were forcibly silenced by not having the right to vote until recently.

The Holodomor at that time broke the Ukrainian resistance, but it made the desire for Ukraine’s independence from Russia eternal.  (I was sent this summary and do not know the source.)

From the Encyclopedia Britannica:

Holodomor, man-made famine that convulsed the Soviet republic of Ukraine from 1932 to 1933, peaking in the late spring of 1933. It was part of a broader Soviet famine (1931–34) that also caused mass starvation in the grain-growing regions of Soviet Russia and Kazakhstan. The Ukrainian famine, however, was made deadlier by a series of political decrees and decisions that were aimed mostly or only at Ukraine. In acknowledgement of its scale, the famine of 1932–33 is often called the Holodomor, a term derived from the Ukrainian words for hunger (holod) and extermination (mor).

Postscript:

From Brooke  C. Stoddard, author who was at Holodomor Wreath Presentation at the Holodomor Memorial near the U. S. Capitol. He was asked by the Illinois State Society to participate on behalf of the Cleveland Club of Washington, D. C.

The Holodomor Memorial to Victims of the Ukrainian Famine-Genocide of 1932–1933 was opened in Washington, D.C., United States, on November 7, 2015. Congress approved creation of the Holodomor Memorial in 2006.

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A VyStar’s Member’s Voice: Loyalty or Naïve?

A reader found my post on VyStar while searching the Internet for information.  Greg gave me permission to publish his experience.

Mr. Filson,

I just thought I’s share a few things with you concerning VyStar Credit Union (VSCU). As you are aware, they have been having trouble getting their “new improved” online banking system and mobile app back up and running. There are four things in this process that are very frustrating:

1. The CEO stated that this system was two years in the making and when they brought it up, the system was overwhelmed. What!? Two years of work have brought VSCU to it knees in a weekend. Didn’t they learn anything from the “new system” they employed in 2016? Did they not think that people would ‘Log On’ in the new system, even if they had no immediate banking need just to ‘see’ what the new features would be?

2. The mobile app (prior to the current debacle) was actually two apps. You had your normal banking app and a card control app. The card control app was a great feature. You could limit the amount to be charged or withdrawn but the greatest feature was you could turn your card on and off. With the card off, no transaction could occur at all. Well, my debit card is turned off. I can’t get cash withdrawals.

3. Transfers and linked accounts. For a while, after the new system was running, I thought it quite strange that you transfer funds to financial institutions outside of VSCU. Internal transfers were not possible (such as from savings to checking). They have since got that restored but there are still no linked accounts. In other words, I can no longer transfer funds to my wife’s checking account, and she can no longer transfer funds to our money market account.

4. Bill pay. I have had two utility bills scheduled to be paid this week. Neither have been paid when I check their websites. When I got a hold of VSCU via chat, I was told that yes, they went out and to not worry about it. Since it is recorded and I have a confirmation number, all is okay. Well, tell that to the utility companies who have not been paid. I paid both with a credit card to avoid late fees and disconnects.

Thank you.

In response to my question of how long he had been a member and when he found the post, he replied:

I have been a member for 35 years.  I joined when I was stationed in Florida.  VSCU has been vitally important in my family’s lives.  We have lived in several states and kept them as our financial institution. From, checking, savings, money market accounts, loans, and credit cards, they have been “ours”.  We now live in Alabama and are retired.  I have now seriously considered leaving VSCU but have been hesitant.  Call it loyalty or naive!

IRT some members have voiced concerns about the BOD in Facebook and voiced opinions about cleaning house.

I have posted on FB about one of the utility bills I mentioned.

As for where I heard about your blog, I stumbled across it.  I did a search on my browser “VyStar Credit Union in the news”.  In the browser search results was “When the music stopped for VyStar…”.  I’m glad I saw it and read it.  That is why I subscribed.

An update on the utility bill:

I have an update on one of my bills.  It was finally paid on the 17th, albeit four days late.  

For credit unions, trust is re-earned every day, even for a member of 40 years.  This goodwill is the foundation of every cooperative’s sustainability.

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Two Experiences of Being Black in America

These two poems by African Americans were written over 100 years ago.  Their messages of hope endure.   Even today, their words are timely and timeless.

Emancipation

Paul Laurence Dunbar

September  1890

Fling out your banners, your honors be bringing,
Raise to the ether your paeans of praise.
Strike every chord and let music be ringing!
Celebrate freely this day of all days.

Few are the years since that notable blessing,
Raised you from slaves to the powers of men.
Each year has seen you my brothers progressing,
Never to sink to that level again.

Perched on your shoulders sits Liberty smiling,
Perched where the eyes of the nations can see.
Keep from her pinions all contact defiling;
Show by your deeds what you’re destined to be.

Press boldly forward nor waver, nor falter.
Blood has been freely poured out in your cause,
Lives sacrificed upon Liberty’s alter.
Press to the front, it were craven to pause.

Look to the heights that are worth your attaining
Keep your feet firm in the path to the goal.
Toward noble deeds every effort be straining.
Worthy ambition is food for the soul!

Up! Men and brothers, be noble, be earnest!
Ripe is the time and success is assured;
Know that your fate was the hardest and sternest
When through those lash-ringing days you endured.

Never again shall the manacles gall you
Never again shall the whip stroke defame!
Nobles and Freemen, your destinies call you
Onward to honor, to glory and fame.

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We Are Marching

Carrie Law Morgan Figgs

1922

  1. We are marching, truly marching
    Can’t you hear the sound of feet?
    We are fearing no impediment
    We have never known defeat.
  2. Like Job of old we have had patience,
    Like Joshua, dangerous roads we’ve trod
    Like Solomon we have built out temples.
    Like Abraham we’ve had faith in God.
  3. Up the streets of wealth and commerce,
    We are marching one by one
    We are marching, making history,
    For ourselves and those to come.
  4. We have planted schools and churches,
    We have answered duty’s call.
    We have marched from slavery’s cabin
    To the legislative hall.
  5. Brethren can’t you catch the spirit?
    You who are out just get in line
    Because we are marching, yes we are marching
    To the music of the time.
  6. We are marching, steady marching
    Bridging chasms, crossing streams
    Marching up the hill of progress
    Realizing our fondest dreams.
  7. We are marching, truly marching
    Can’t you hear the sound of feet?
    We are fearing no impediment
    We shall never know defeat.

 

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Friday Updates

The following are updates from posts this past week.

VyStar’s Challenges: Continuing to Expand in Georgia

Both CU Today and Credit Union Times report that VyStar has called off its $195.7  million purchase of Heritage Southeast Banking Corporation, a holding company for three local banks located outside Atlanta.

The local TV station NEWS4JAX covering the story included the following quote from CEO Brian Wolfburg :  “Following a thorough evaluation of the transaction between VyStar and HSBI, we have mutually agreed that moving forward separately is the prudent decision. VyStar will continue to expand our services in Georgia.”

This Georgia expansion seems tone deaf to the concerns of members in the credit union’s legacy Jacksonville market.  This recovery challenge appears greater than a botched conversion.

There are dozens of comments posted after every NEWS4Jax story:

Mark 2 HRS AGO

It seems that Vystar management made a poor decision with NYMBUS and are having to force it down members (co-owners) throats, regardless of the inconvenience and future inadequacies of software capabilities. The NYMBUS salesperson probably made bundle of commission off of this sales job to Vystar.

BigSwifty500 21 HRS AGO

This story is worthless and full of non-truths. The login page still says it is “temporarily unavailable”. Time to move my accounts elsewhere.

B coffey 2 DAYS AGO

N Y M B U S….this is the name of the company vystar is sharing “relations” with. They performed, designed this mess. Both companies share Board members. Nymbus  is even located in their (Vystars) building in Jax. Vystar is listed as a Nymbus investor. Starting to see a forming problem here?????

john marshall 2 DAYS AGO

This “upgrade” (that isn’t one) ought to be called Wolfburg’s Folly!

Racemedic

Translation: “We know a dumpster fire when we see one and we know to run the other way. Sincerely, HSBI”

Jthall76

Glad I switched to Community First CU

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Crypto Crash: The Selloff in Crypto Assets Resumes (CNBD Disrupter article, June 16)

Bitcoin fell again today as a sell-off in global risk assets resumed, with crypto investors reeling from a dramatic plunge over the last few days that saw the world’s largest cryptocurrency almost drop below $20,000. . .  

Bitcoin is sitting at levels not seen since late 2020. The digital currency is down more than 20% in the last week and has dropped more than 60% from its all-time high in November. . 

The current bear market is often dubbed a new “crypto winter”.  . .

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“Good Angel-Bad Angel”-The House Hearings on January 6th Insurrection

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Should Credit Unions Be Offering Bitcoin and Crypto Currency?

Crypto currencies were supposed to be a store of value that would protect owners from traditional market risks as well as inflation.  Based on  block chain technology, they were intended to avoid the historical problems of fiat currencies backed by governments.

Both roles have now been shown to be faulty.  Here are some recent assessments.

Bitcoin tumbled Wednesday to a new 18-month low, spurring a sharp fall in crypto markets sparked by crypto lender Celsius freezing customer withdrawals. The world’s largest cryptocurrency fell to under $21,000. Bitcoin has lost around 28% since Friday and around 70% from its all-time high in November. (Reuters) 6-15-22

Bill Gates is a  crypto and NFT sceptic.  His latest observation is that the whole enterprise is based on the greater fool theory:

On Tuesday, the billionaire Microsoft co-founder described the phenomenon as something that’s “100% based on greater fool theory,” referring to the idea that overvalued assets will go up in price when there are enough investors willing to pay more for them.

A former crypto believer has written an appraisal of his experience with the title Crypto is Dead-Get out Now.

On May 18, 2022 Washington Post financial writer Michelle Singletary posted an article Six Signs Crypto is a Classic Ponzi Scheme.

CU Today reported that consumers lost more than $1 billion in crypto fraud in 2021 according to the FTC in a June 7 article.

Celebrity Hype and a Trillion in Losses

A critique from Jared Brock identifies the issue for why credit unions should be concerned about their involvement with crypto purchases.  He starts with a question in his June 6 article: Should Matt Damon and Reese Witherspoon Go to Jail for Promoting a Ponzi Scheme?

A trillion dollars in losses requires accountability.

But until two weeks ago, all sorts of celebrities were shilling for their favorite coin — or rather, whichever coin company paid them the most endorsement money.

Matt Damon.

Reese Witherspoon.

LeBron James.

Kim Kardashian.

Charli D’Amelio.

Jamie Foxx.

Paris Hilton.

Ashton Kutcher.

Gwyneth Paltrow.

Tom Brady.

Steph Curry.

Elon Musk.

Mark Cuban.

Tiger Woods.

Larry David.

And dozens more.

They made untold millions by convincing the ignorant public to late-join a Ponzi scheme.

Now they’ve all gone silent.

Because now that the industry is crashing back to reality, real people are losing their shirts.

Call me old-fashioned, but I think someone needs to be held accountable.

Should celebrity crypto boosters go to prison for promoting Ponzi schemes?

Two Credit Union’s Announce Bitcoin Purchase Partnerships

Even with this litany of false hype, fraud, documented  losses and ongoing uncertainties around crypto, several credit unions have moved ahead to facilitate the purchase of these “currencies.”

CU Today on June 13 reported Achieva Credit Union’s involvement with a bitcoin exchange:

Dunedin-based Achieva Credit Union is adding a bitcoin exchange to its mobile app through a partnership with New York-based NYDIG, a fintech platform that partners with mainstream institutions from banks to insurance companies. 

According to the credit union’s website, it is charging a 2% fee for any crypto currency purchased or sold.

Tracy Ingram, chief digital and infrastructure officer, told the Tampa Bay Business Journal that Achieva had noticed more of its members were becoming “crypto-curious.”  

The article also listed other CUs offering crypto services to members:  UNIFY Financial CU, Idaho Central CU, Stanford FCU, and Visions FCU.

The Credit Union Times report on Achieva’s new service described how the employees were asked to try out the new functionality resulting in over $2,500 in Bitcoin purchases. The purpose was to make them “trusted consultants” about the process.

Prior to launching, Achieva employees were invited to test out the new Bitcoin function. The employees who signed up were given $10 to purchase Bitcoin and learn the process. NYDIG also kicked in another $5 for the experiment. During the three-week employee pilot, those Achieva team members purchased more than $2,500 of Bitcoin.

According to Achieva’s Chief Digital and Infrastructure Officer Tracy Ingram,  the employee trial achieved two things: Employees learned how to use the new app and how Bitcoin works in order to help explain everything to members.

“Achieva employees are trusted consultants for members and it was vital that our team learn how this new Bitcoin functionality works so that they can answer questions for members,” Ingram said. “We always want to note that there is risk involved in investing in any cryptocurrency, and we want our members to feel comfortable accessing the trading services.”

Stanford FCU: a “Trusted Institution”

The Stanford FCU press release contained another important issue in its description of its partnership with NYDIG:

NYDIG is proud to partner with Stanford FCU to power its Bitcoin services in a secure and compliant way,” NYDIG Head of Banking Solutions Rahm McDaniel said. “A trusted institution like Stanford FCU wants to ensure the Bitcoin services offered to its clients meet the industry’s highest regulatory, audit and governance standards, and that is exactly what NYDIG provides. We are excited to partner with them to ensure their members have access to the opportunities associated with this emerging technology.”

According to Stanford FCU, the credit union saw nearly 25,000 buy and sell transactions by its members to and from crypto exchanges in 2021.

The Central Issue for Credit Unions

NCUA’s May 2022 letter in essence approved these types of partnerships but did not address one of their most frequent functions-purchasing crypto currencies.

Instead NCUA obfuscated the issue by talking about Distributed Ledger Technology.  For example:  As with the development of any new product or service, when deploying a platform, product, or service using DLT as part of the underlying technology, credit unions should find an appropriate balance between the opportunities and the risks.

DLT is not the same as crypto currencies which are based on this technology.  NCUA approved a practice of questionable purpose and uncertain value because of the underlying technology.  From many perspectives, purchasing crypto currencies is nothing more than gambling.

If NCUA did not understand the import of its letter, than how can credit unions avoid the marketing hype and celebrity marketing of this form of financial entertainment?  Not to mention the “crypto-curious” members?

In both credit union press announcements. NYDIG, the exchange and fintech partner, is relying on the trusted relationships and reputation of these two credit unions and their employees to not only offer, but also promote Bitcoin transactions.

I would just repeat the observations of Jared Brock above:

Call me old-fashioned, but I think someone needs to be held accountable.

Should celebrity crypto boosters (insert credit unions) go to prison for promoting Ponzi schemes?

In a future blog I will describe block chain, or distributed ledger technology, and how it might be useful for other purposes, not NFT’s and crypto currencies.

 

 

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When the Music Stopped for VyStar

On May 2, 2022 the $12 billion VyStar Credit Union celebrated its 70th anniversary with a ceremony at its founding location, the Naval Air Station, Jackson, FL.

The press release included the following announcement:  VyStar is also leading a digital transformation that includes a new website and online & mobile banking platform.  But then reality set in.

The Music Stops

On May 14,2022 the confetti hit the fan. The conversion to the new online and mobile platform failed.  As of the following Friday there were more than 13,444 comments posted on the VyStar Facebook page about the outage.

The situation as described in a CU Times story on May 22:  The brief outage, as explained to members, was planned to last for two days. As May 20 rolled around, seven days later, the $12.3 billion credit union’s 822,000 members still were offline and furious.   One Facebook posting:  “How in the Hell Does a Credit Union go a week with its online systems completely DOWN in 2022???”

The CEO Returns

Brian Wolfburg, CEO had been  on vacation overseas.  Upon his return he was interviewed by a reporter Jim Piggott for the local TV station, NEWS4 JAX.  The complete  18 minute interview is here.  The on air report excerpt  was just six minutes.

Wolfburg repeatedly references the credit union’s 70 year history to indicate that the credit union will “get it right.”   Members posted their skepticism in comments after the story such as:

Mikey19 DAYS AGO: I think the CEO should resign and the person that is in charge of this mess should be fired. Who is with me on this. Let’s email the Board of Directors to let them know our thoughts. VyStarBoard@vystarcu.org

Members File Complaints with Regulator

A June 6, CU Times article detailed member complaints with the Florida Office of Financial Regulation:

Complaint Filed May 20:  “VyStar Online Banking has been unavailable to members for 7 days now with no date given as when to expect the system to be operational. VyStar Management has been vague and evasive with little to no accountability for the botched roll out of its new online banking system. They have gone ‘dark’.   The story added:

CU Times has repeatedly asked for interviews with VyStar executives and board members. The interview requests have not been granted.

Potential Legal Trouble

A June 8 article in CU Today described the  potential of a class action suit.  Also the credit union would end its fee refund of fees incurred by the outage.

VyStar said that it proactively refunded/is refunding fees that it charged members from May 14 through June 9 as a result of the online and mobile banking conversion, but as of June 10 it will not do so.

Members Leaving

In a June 9 CU Today update, the story described members intentions to leave the credit union:

Action News Jax said it contacted VyStar CU regarding how many members have closed out memberships, but said the credit union did not provide any data. 

Class Action Suit Filed

June 13, CU Today reported on a class action suit:

In an interview with FirstCoastNews.com two weeks after the solutions went down, Attorney Austin Griffin, a partner in StoryGriffin PA, a consumer justice law firm in Jacksonville Beach. Fla., told FirstCoastNews VyStar members could go after the credit union with three possible claims: negligence, breach of contract and fiduciary duty.

Griffin told the publication that since VyStar is a credit union and not a bank, there is “an expected higher standard of care.”

VyStar’s Status Today

The latest update on VyStar’s web site reads:

Online statements now available. Access your accounts and make External and Internal Transfers via your computer, tablet or mobile device at online.vystarcu.org. Please note: We will continue to have planned daily maintenance from 1 a.m. to 4 a.m. EST when system access may be unavailable.

The Credit Union Times latest summary  is as of June 14.  Over 28,000 comments have been posted by members frustrated with their experience.

Context for the Event: VyStar Invests $20 Million in Nymbus

There are more factors to this story than a botched conversion.

In  July 2021, VyStar signed a deal with the Jacksonville, Fla.-based Nymbus as the credit union’s online and mobile banking partner.

This statement by Joe Colca, Seniro Vice President of Digital Experience was part of the release:  “Our previous investment already demonstrated our confidence in Nymbus. We’re now proud to lead by example for other credit unions seeking a trusted fintech partner to implement sophisticated technology, people and processes to offer progressive products and member experiences.”

In October 6, 2021 Credit Union Times reported Nymbus had moved into VyStar’s head office location.  “A fintech with credit union funding is moving from Miami Beach to the campus that houses the headquarters of VyStar Credit Union in Jacksonville, Fla.

Nymbus said in a news release Tuesday that it made the move because of its relationship with VyStar ($11 billion in assets, 778,348 members). VyStar invested $20 million in April to help develop Nymbus’ month-old Nymbus CUSO to better extend its services to credit unions. In July, VyStar chose Nymbus as its new online and mobile banking solution partner.

In September 2019, VyStar created a $10 million fund to invest exclusively in fintech companies. VyStar has said it has supported Nymbus because it provides a way for it and other credit unions to keep up with members’ rising expectations for sophisticated online services. Nymbus’ website said it saves banks and credit unions “decades” in developing such services.”

Two senior managers of VyStar were also  members of Nymbus’s Board. Joe Colca, VyStar’s SVP on the board was quoted:

“Nymbus has proven to be an effective, valuable partner in our efforts to improve the member experience at VyStar and strengthen the credit union industry as a whole,” Colca said.

 VyStar’s FOM Expansion and Bank Purchases

Vystar’s first bank purchase was announced on January 15, 2019 with the  purchase of First Citizens Bank: VyStar Credit Union announced it plans to acquire $280-million Citizens State Bank, a Florida state-chartered bank headquartered in Perry. CSB has four locations: two branches in Gainesville, and branches in Perry and Steinhatchee, Fla.

The article continued that this purchase was possible because of an FOM expansion:

In November 2018  VyStar received approval from the Florida Office of Financial Regulation to significantly expand its field of membership by 27 counties—more than doubling the original 22 counties—to include all 49 counties of Central to North Florida. This expansion included Taylor County, where CSB’s Perry and Steinhatchee offices are located. VyStar currently serves the Gainesville community with two branch locations with plans to open additional offices in Alachua and Ocala by mid-year, the CU said.

Subsequently,  on March 31, 2021 VyStar’s purchase of the $1.6 billion Heritage Southeast Banking group  for $189 million was announced.  The closing has been deferred three times.   This would be the largest purchase of a bank by a credit union.

Largest Subdebt Placement by a Credit Union

To support these bank purchases and rapid growth, VyStar issued $200 million of subordinated debt in the first quarter of 2022.  This is the largest subdebt capital placed in credit unions to date. Arranged by Olden Capital, the issue was sold to 41 investors including credit unions, banks, insurance companies and asset managers.

Without this external capital infusion, Vystar’s net worth would have been 7.9% of March 31, 2022 assets.  With the debt and using a four quarter asset average as the denominator, VyStar reported a net worth ratio of 10.15%.

“Values-centric” brand campaign: “Do Good. Bank Better.”

From an October 2021’s CU Today story  New Branding Campaign:

VyStar Credit Union has launched a new “values-centric” brand campaign, “Do Good. Bank Better.”

VyStar said the multimedia campaign has been inspired by the people, businesses and organizations that it serves, and that it elevates VyStar’s “powerful promise to support its members and communities by offering better banking options and giving back to strengthen the places it calls home.”

“We proudly live by the words, Do Good. Bank Better., and this is just the beginning of our efforts to continue sharing our nearly 70-year story,” said VyStar President/CEO Brian Wolfburg in a statement. “As we evolve as an organization, we remain true to our roots by upholding our standard of leading by example and showing goodwill in everything we do.”

The Member’s Chance for a  Choice

VyStar has been on a very ambitious multiyear growth spurt:  converting charters and expanding the FOM, purchasing whole banks, investing in multiple fintech companies, raising external capital and launching a new public relations and branding campaign.

Members’ reaction to the online conversion failure shows how much confidence has been lost in these many expansion efforts.  The situation calls into question multiple initiatives especially the credit union’s investment and role in Nymbus plus its thrice-deferred bank purchase.

This episode and its background are now occurring in a rapidly changing economic and financial environment.  Investments and other assets that appear sound when the cost of funds is near zero now have a very different risk profile.

Once again the regulators have been on vacation.

The credit union’s reputation is being stained. Its operations, business initiatives and internal capabilities appear strained on several levels.  The net worth ratio is created, not earned.

The best solution may be to follow the advice of the member who posted:  Let’s email the Board of Directors to let them know our thoughts. VyStarBoard@vystarcu.org 

Members are the owners.  They should do more than vent frustration by exercising their power to choose their representatives for the board.  They should take back their “home” if they truly want to see the credit union “do right” for its members and communities.

 

 

 

 

 

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A New Generation of Members from High School Branches

Yesterday’s blog described an effort to open two student branches in 1974 in Burbank California.   Their purpose was twofold: expand the credit union’s FOM and educate students about the credit union model.    The effort ended in 2011.

However high school student-run branches continue today.  CUSO Magazine recently wrote about an example in Texas that is especially successful.  Here are some brief excerpts from that article:

The Credit Union of Texas’s SMART Branch

The Credit Union of Texas (CUTX), located in Dallas-Fort Worth, recognized the significant gap in financial literacy among young people and decided to make a difference. In an effort to bring financial education to students, they connected with leaders of local high schools, creating partnerships through which they could collaborate to tackle the issue at hand. Through their motivation to increase financial literacy among youths, the credit union and its partners came up with the idea to open branches within local high schools and let the students take the reins.

These “SMART” (Servant leadership, Motivation, Active learning, Reasoning, and Technology) Branches are run by juniors and seniors, with one credit union staff member to supervise. The first, located in Allen High School in Dallas-Fort Worth, was opened back in August 2021, the success of which inspired the creation of a second branch merely a year later, which opened on January 10th, 2022, at Little Elm High School of Little Elm, Texas. . .

Students helping students

In order to achieve widespread financial literacy in the school, CUTX developed a financial literacy program that involves student employees of the branch acting as financial literacy coaches to their classmates. In preparing for their presentations, students employees are provided with additional education on the topics, including money management, loans, credit, investing, and more. CUTX permanent employees also provide informative sessions on various topics, including home equity loans, refinancing, and auto loans to Little Elm High School faculty and staff. . .

The full article can be found here.