NFA Looks Into Banning Credit Card Deposits – The Impact
Earlier this month, the NFA sent its members a ‘Request for Comments’ letter are about the prohibiting of credit card
Earlier this month, the NFA sent its members a ‘Request for Comments’ letter are about the prohibiting of credit card payments. The NFA’s Compliance & Risk Committee (CRC) is concerned that these payment solutions promote depositing with borrowed funds and small sized deposits which barely cover minimum margin requirements. In their words “The CRC is concerned that retail customers may be opening accounts with funds that are not risk capital and are using credit cards as a source for borrowing funds to invest. The CRC’s overall concerns with this practice are compounded by the fact that many FDMs that offer this funding mechanism also permit retail customers to open an account with a very low deposit amount (e.g., $100) that merely covers the intended transaction’s initial margin requirement. Any slight movement in a customer’s forex position causes the customer to quickly fall below the margin requirement for the transaction.”
At Forex Magnates we have been admittedly late in reporting this piece of news, partly due to preferring to speak with market participants to gauge the impact of what a ban on credit card deposits would mean. On first glance it appears as another swing by the regulators against the US FX industry, as forex firms are the only brokers within the NFA’s umbrella accepting credit card deposits. Also, in the above mentioned quote, forex was highlighted. As such, the actions are being viewed negatively and other media sources are calling this more proof that the NFA is out to destroy the US retail FX market. However, the actual impact of any such rule will depend on the operations of each broker.
Join the iFX EXPO Asia and discover your gateway to the Asian Markets
For large, multinational brokers with financial licenses from multiple countries, the US market has been steadily contracting. As such, a credit card ban would be disruptive to their operation over the short term, but the total effect of on their bottom lines is expected to be negligible. In fact, long term these brokers could benefit due as costlier payment methods would be expected to lead to larger average deposit sizes. On the other end of the spectrum are brokers with a large concentration of US clients. Specifically, any firm with an aggressive sales and retention staff that focuses on low initial deposits and reoccurring re-deposits will suffer. Similarly, affiliates with cost per acquisition (CPA) deals who often push ‘get rich quick’ marketing on the sites will most likely see a sharp drop in conversions. However, with ‘self deposits’ where clients can begin trading before documents are sent to a broker’s compliance team for review not in existence in the US, as well as greater enforcement on malicious dealing desk taking place, ‘get rich quick’ schemes from US affiliates have been focusing their marketing out of the US market.
As of now there is no timetable yet in place to the formation of a credit card ban, and ‘Requests from Comments’ are typically followed by a public meeting which hasn’t been set. In Forex Magnates Q4 Industry Report, we took a look at the Payment Industry. The article was focused on Credit Card deposits and Real Time Bank Transfers which are very popular in Europe. One of the conclusions of the article is that the payment solutions industry is experiencing many changes and innovation, specifically in its adaption to cross border payments and mobile. Therefore, while credit cards are an essential part of the US FX industry, it is safe to assume that alternate forms of payments won’t take long to fill the gap. On this point, Oanda’s CEO K Duker answered in a Reddit AMA that he expects digital currencies like bitcoin to play a bigger part of payment solutions for firms in the future.
Potential Benefits (Alternate Opinion)
Beyond the immediate disruption, it can be argued that such an action from the NFA would be the best thing that could happen to the US retail FX industry as it will force brokers to focus on targeting quality traders.
Suggested articles
The FX Global Code – Is Self-Regulation the Future of the Industry?Go to article >>
Unlike in many other parts of the world, in the US, FX competes against an established market of equity and futures day trading. FX was a late arrival to scene and owes its initial marketing push to the Dot com bubble burst of 2001 when the Nasdaq lost 70% of its value. Initial marketing was aimed at traders that had been burned by the falling markets and slogans included “good stock traders can become great FX traders” as well as “profit in both rising and falling markets.” While the industry was able to convert clients, it was beset with scandals like REFCO and market rigging complaints in its early days that have cast a suspicious eye on the retail FX market. As such, despite an increase in volumes and numbers of traders, the industry continues to lag far behind other asset classes in the US in terms of ‘perceived’ transparency and honesty. This is partly due to the market making nature of the product as well as gimmicky marketing that is seen over and over again. Therefore, to truly evolve and become a long term product to rival with the heavily entrenched equity and futures market, brokers need to completely shed the ‘get rich quick’ feel that still exists within FX and start targeting traders!!
On an overall level, FX as an asset class has reached parity with many of its rivals. With its levels of liquidity and tight spreads, cross asset traders are heavily involved with analyzing and trading the product. This has been specifically seen in the CME where overall FX volumes have risen 10 fold in the last ten years, with systematic cross asset traders entering FX being touted as one of the main drivers of volume. That being said, the issue in the US doesn’t seem to be a lack of interest in FX as much as an inability for retail brokers to source semi-professional clients.
Adding restrictions on credit card deposits will force the US industry to focus its means on converting real traders. What is a real trader? In my opinion, someone who is willing to make a serious effort to become a successful trader. Part of that serious effort is having a realistic view on risk management and size of trades. When you take a look at the average sub $2000 account, there just isn’t much of an opportunity to generate a consistent return to justify the ‘opportunity cost’ of spending one’s time trading. Therefore, this typically leads to ‘gambling’ taking place and the ‘hope’ of scoring a 2X or greater trade. As such, these clients that are enticed with low deposit minimums and high leverage have historically shown a high failure rate when compared to customers trading larger accounts and spending more time in front of the screen.
Therefore, while a lack of credit card deposits will lead to an initial blow to the industry, it will cause a prescreening of clients to take place and lead to an industry that is composed of higher quality customers who trade greater volumes with a longer lifetime value.
Interested to hear the comments and opinions of our readers on this sensitive issue.
Readers looking to get in touch with the CFTC to complain (or support) should email Elizabeth C. Sheridan, Senior Attorney at esheridan@nfa.futures.org by February 7, 2013.
Leave a Reply
Using cards is one of the fastest and most convenient ways to make payments. What if a customer gets liquidated because he was late to walk into the bank branch in time. This is ridiculous. Another attempt by bureaucrats to protect the public from themselves. If this is so good why is NFA so secretive about it. They are just looking to push small investors out of the market.
Using cards is one of the fastest and most convenient ways to make payments. What if a customer gets liquidated because he was late to walk into the bank branch in time. This is ridiculous. Another attempt by bureaucrats to protect the public from themselves. If this is so good why is NFA so secretive about it. They are just looking to push small investors out of the market.
Everything said on this article is sound and sensible. Food for thought is taking a look at the payment/financial transaction methods themselves. In the 2013 world of payments, card transactions dominate daily life. Gone are the days where everyone carried cash in their pocket, more far gone is a check book. Of course, here we’re looking now at online transactions, concepts born from the tech boom of the 90’s. Nearly 10 years later, we have online payment systems like PayPal and Google Wallet, as well as online bill-pay systems offered by some banks. Right now, many brokers do not facilitate… Read more »
Everything said on this article is sound and sensible. Food for thought is taking a look at the payment/financial transaction methods themselves. In the 2013 world of payments, card transactions dominate daily life. Gone are the days where everyone carried cash in their pocket, more far gone is a check book. Of course, here we’re looking now at online transactions, concepts born from the tech boom of the 90’s. Nearly 10 years later, we have online payment systems like PayPal and Google Wallet, as well as online bill-pay systems offered by some banks. Right now, many brokers do not facilitate… Read more »
not necessarily correct. Citi has more than enough of its own liquidity, just because it takes technology from Saxo doesn’t necessarily mean it also takes liquidity.
not necessarily correct. Citi has more than enough of its own liquidity, just because it takes technology from Saxo doesn’t necessarily mean it also takes liquidity.
Banning credit card deposits is an understandably tempting solution – but a solution for what? A potential trader can still easily withdraw cash from their credit card at an ATM and then transfer it, so the solution doesn’t solve borrowing money to trade. Perhaps the NFA’s goal is simply to slow the deposit process to prevent impulse funding and trading? Fair enough, but wouldn’t it be easier to regulate that forex brokers hold newly deposited funds for three days? Ugh. I hope the NFA has considered the litigation costs that could result from payment processors taking legal action for being… Read more »
Banning credit card deposits is an understandably tempting solution – but a solution for what? A potential trader can still easily withdraw cash from their credit card at an ATM and then transfer it, so the solution doesn’t solve borrowing money to trade. Perhaps the NFA’s goal is simply to slow the deposit process to prevent impulse funding and trading? Fair enough, but wouldn’t it be easier to regulate that forex brokers hold newly deposited funds for three days? Ugh. I hope the NFA has considered the litigation costs that could result from payment processors taking legal action for being… Read more »
@trevor – I doubt the payment processors will take legal action. These things occur quite often. Generally speaking it’s the payment companies that exit an industry and not vice versa on grounds of fraud or aggresive marketing practices. Therefore, as the initiators of 95% of credit card exits it would be hard for them to justify a complaint if an industry was using the same rationale that the credit card firms use.
@trevor – I doubt the payment processors will take legal action. These things occur quite often. Generally speaking it’s the payment companies that exit an industry and not vice versa on grounds of fraud or aggresive marketing practices. Therefore, as the initiators of 95% of credit card exits it would be hard for them to justify a complaint if an industry was using the same rationale that the credit card firms use.
call it technology leasing, not white label and it makes more sense
i’m a blackberry fan myself 🙂
i’m a blackberry fan myself 🙂
call it technology leasing, not white label and it makes more sense
NFA’s goal is to supposedly protect small clients from doing small deposits, it’s a bad idea. NFA should oversee breaches of rules and legality of procedures, not tell people what to do with their money – but they’ve been doing this since the beginning for instance preventing traders from opening accounts with foreign brokers and reducing leverage. this didn’t help them prevent mishaps like MF Global and PFG, when will they learn to deal with what’s really important and leave poor retail traders alone?
NFA’s goal is to supposedly protect small clients from doing small deposits, it’s a bad idea. NFA should oversee breaches of rules and legality of procedures, not tell people what to do with their money – but they’ve been doing this since the beginning for instance preventing traders from opening accounts with foreign brokers and reducing leverage. this didn’t help them prevent mishaps like MF Global and PFG, when will they learn to deal with what’s really important and leave poor retail traders alone?
The first two commenters seem to miss that the proposal is about “credit cards”, not “cards”. Nobody plans to forbid deposits by debit cards.
I think it’s a good idea. This illusion of getting rich fast has already destroyed many lives and families. Trading is not for everybody – or else we wouldn’t have an average profitability of only 30%. I say “good work NFA”.
The first two commenters seem to miss that the proposal is about “credit cards”, not “cards”. Nobody plans to forbid deposits by debit cards.
I think it’s a good idea. This illusion of getting rich fast has already destroyed many lives and families. Trading is not for everybody – or else we wouldn’t have an average profitability of only 30%. I say “good work NFA”.
Oh, and one more thing: today we’ve got this wonderful thing called “e-banking”, that allows me to log into my bank account from home via the internet. Transferring money this way is almost as fast as the online use of a credit card – but this time with my own real money, not with borrowed money. So stop complaining about convenience, please.
TI can assure you they have a NZ license already and office, although just a room in PWC Tower in Auckland.
TI can assure you they have a NZ license already and office, although just a room in PWC Tower in Auckland.
Oh, and one more thing: today we’ve got this wonderful thing called “e-banking”, that allows me to log into my bank account from home via the internet. Transferring money this way is almost as fast as the online use of a credit card – but this time with my own real money, not with borrowed money. So stop complaining about convenience, please.
Cleverly written article, but the NFA did not justify their proposed banning of credit card deposits. They made assumptions and did NOTHING to back up their claim that it is not risk capital being used. They could have conducted a survey of accounts funded with credit cards, or claimed that there was a high level of fraud going on. Wait, that would require proof. @Michael Greenberg….well said and spot on. Credit/debit option is cheap and convenient. Are those in FAVOR of the credit card ban suggesting that an entire industry be blocked from being allowed to accept credit card payments… Read more »
Cleverly written article, but the NFA did not justify their proposed banning of credit card deposits. They made assumptions and did NOTHING to back up their claim that it is not risk capital being used. They could have conducted a survey of accounts funded with credit cards, or claimed that there was a high level of fraud going on. Wait, that would require proof. @Michael Greenberg….well said and spot on. Credit/debit option is cheap and convenient. Are those in FAVOR of the credit card ban suggesting that an entire industry be blocked from being allowed to accept credit card payments… Read more »
Great Article Ron!
Great Article Ron!
in ozzy we use real time banking — its not an issue
in ozzy we use real time banking — its not an issue
@Jon – to my knowledge they haven’t posted a public request for comments and the letter has only been sent to NFA members.
@Mel – yup, in Europe it’s also becoming the way to go.
@Jon – to my knowledge they haven’t posted a public request for comments and the letter has only been sent to NFA members.
@Mel – yup, in Europe it’s also becoming the way to go.
@A. You don’t know yet how far reaching the legislation will go. If by debit card, do you mean being able to use the ‘credit’ option (pinless) or being able to use the debit option (with pin). In either case, if the original concern is that the deposit is too low, then why not develop a formula that takes into account the minimum trad able lot size and multiply this by the margin requirement for that lot size? This would apply to the first deposit of a new account. In regards to the comment about using eBanking (e-Check, ACH, ETF,… Read more »
@A. You don’t know yet how far reaching the legislation will go. If by debit card, do you mean being able to use the ‘credit’ option (pinless) or being able to use the debit option (with pin). In either case, if the original concern is that the deposit is too low, then why not develop a formula that takes into account the minimum trad able lot size and multiply this by the margin requirement for that lot size? This would apply to the first deposit of a new account. In regards to the comment about using eBanking (e-Check, ACH, ETF,… Read more »
@Jon: In the last sentence I guess you meant to say that other countries would NOT follow in NFA’s footsteps. Otherwise, I no longer understand you.
@Jon: In the last sentence I guess you meant to say that other countries would NOT follow in NFA’s footsteps. Otherwise, I no longer understand you.
Without question, I fully support the ‘Alternate Opinion’ Ron wrote up.
While I don’t have a problem with CC deposits myself, they do enable the kind of environment that doesn’t help the forex industry make a good name for itself.
Without question, I fully support the ‘Alternate Opinion’ Ron wrote up.
While I don’t have a problem with CC deposits myself, they do enable the kind of environment that doesn’t help the forex industry make a good name for itself.
@A. You are correct: ” I guess you meant to say that other countries would NOT follow in NFA’s footsteps. “
@A. You are correct: ” I guess you meant to say that other countries would NOT follow in NFA’s footsteps. “
I use Japanese brokers at the moment and for yen accounts it’s free (and instantaneous) to deposit, and free to withdraw as well (takes a day or so depending on the broker).
One of the benefits I understood of using credit cards was that withdrawals can be made for free (at least in same instances). If credit cards were to be denied, then would the trader also be forced to pay fees such as for bank wires in order to withdraw their funds?
I use Japanese brokers at the moment and for yen accounts it’s free (and instantaneous) to deposit, and free to withdraw as well (takes a day or so depending on the broker).
One of the benefits I understood of using credit cards was that withdrawals can be made for free (at least in same instances). If credit cards were to be denied, then would the trader also be forced to pay fees such as for bank wires in order to withdraw their funds?
yes
yes
That then encourages traders to keep their profits with brokers, which then go bankrupt from time to time under NFA’s watch, rather than encourage traders to withdraw their profits and actually use them for something besides more speculation.
Yeah I guess I am preaching to the choir.
That then encourages traders to keep their profits with brokers, which then go bankrupt from time to time under NFA’s watch, rather than encourage traders to withdraw their profits and actually use them for something besides more speculation.
Yeah I guess I am preaching to the choir.