S8 E6: Bank Nerd Corner: What is the BSCA and What Can It Do?

Fintech Takes

This week on Bank Nerd Corner, special guest and partner at Arnold & Porter, Jim Bergin joins the pod. Having worked for the Federal Reserve for 18 years, Kiah and Alex pry into his legal expertise to get answers to some lingering questions.

Jim explains the history and purpose of the Bank Service Company Act, a law enacted in the 1960s in response to the burgeoning technology needs of banks. He explains what the BSCA was originally designed for, and how it has evolved over the decades.

Alex, Kiah, and Jim also discuss the recent Supreme Court decision that ended the Chevron deference, as well as a pile of other recent Supreme Court decisions that have the potential to impact banks and fintech companies.

Plus, our girl Kiah has some major thoughts when it comes to brokered deposits. We all know that deposits behave differently— so why, in this day and age, is the FDIC still acting like the most important thing it can do is reclassify fintech deposits from non-brokered to brokered?

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