Legislation Introduced in Congress Would Protect
Consumers' Right to Join Credit Unions
March 21, 1997
Legislation was introduced in Congress March 20 that would protect consumers'
right to choose where and how they conduct their financial business.
Reps. Steve LaTourette, R-OH, and Paul Kanjorski, D-PA, introduced the Credit
Union Membership Access Act, H.R. 1151, on behalf of consumers and the credit
union industry. Indiana Congressman Dan Burton co-sponsored the legislation,
which would modify the wording in existing federal law to ensure federal credit
unions maintain the right to serve multiple employee groups, thereby giving more
consumers access to non-profit credit unions as an alternative to for-profit
banks.
Credit unions sought this legislation in response to numerous lawsuits filed
by banks and their trade associations that seek to restrict consumer access to
membership in federal credit unions.
“We're not asking for any new powers. We're simply trying to assure that
employee groups that are too small to support their own credit unions will
continue to have the right to be added to an existing credit union's field of
membership,” said John McKenzie, president of the Indiana Credit Union League,
the state trade association representing 270 Indiana credit unions. “This
legislation would override the bank lawsuits and assure that people working in
smaller organizations, particularly those with fewer than 500 employees, are not
discriminated against when it comes to credit union access.
“If banks get their way and this option is taken away, people will have no
choice but to pay higher fees and rates at banks, the types of rates that
already have contributed to the banking industry's record profits of more than
$50 billion last year,” McKenzie said.
Bank trade associations have filed lawsuits over the past several years
trying to restrict credit union membership. Federal courts have predominantly
ruled in favor of credit unions. Last October, however, a federal judge in the
D.C. District Court issued an order that prohibited federally chartered credit
unions from accepting new groups into their fields of membership and accepting
new members not related to their original sponsor groups.
In December, a federal appeals court gave credit unions — and consumers —
some relief. The court said credit unions could continue taking in new members
from employee groups already within their fields of membership until further
judicial action was taken.
Credit unions appealed the case to the Supreme Court, which announced on
February 18 that it would review the case during its 1997-98 term.
Regardless of what the court decides, credit unions are hopeful that Congress
will pass the Credit Union Membership Access Act.
“We would like to see the Supreme Court rule in favor of credit unions and
consumers. Regardless of what it decides, however, the legislation would make
sure that the credit union alternative was available to workers in all size
employee groups,” McKenzie said.
Since the October court decision barring credit unions from serving new
employee groups, credit union representatives have met with Indiana's
congressional delegation to discuss the situation. In addition, credit union
members have written thousands of letters to their congressmen about the
benefits of credit union membership and the importance of consumer choice.
Currently, 63 million Americans are employed by firms that are too small
(fewer than 500 employees) to support their own credit union. On average, these
workers receive lower wages and fewer benefits than their counterparts at larger
companies. As a result, they would benefit the most from credit union
membership, yet they are the very people who currently are being blocked from
credit union access because of banker lawsuits. If banks win the battle, these
people won't have the option of joining a credit union.
Credit union officials believe that bankers, who have been complaining about
credit union competition for more than 40 years, filed the field-of-membership
lawsuits in an effort to restrict consumer choice, eliminate competition and
monopolize financial services.
“People know that a bank monopoly of consumer financial services is not in
their best interest,” McKenzie said.
This issue affects 152 federal credit unions in Indiana that have multiple
groups in their fields of membership. It applies only to federally chartered —
not state-chartered — credit unions. Credit unions can continue to serve
current members.
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