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From the August 1, 2012 issue of Credit Union Times Magazine • Subscribe!

Letter: 'Bank’ Ad Ban: Are You Serious

Vermont Regulators Abuse Their Power

The recent decision by the State of Vermont Department of Financial Regulation ordering the Vermont State Employees Credit Union to stop using words such as “bank” and “banking” in its marketing, communications and advertising begs the question, are you really serious?

Regardless of where one “engages in receiving, lending, exchanging and safe-guarding money,” it is called “banking” as defined in the Random House Dictionary. So whether it’s done at a place that uses “bank” in its name or one that calls itself a savings and loan or perhaps at a credit union, it’s all one and the same.

Banking is what credit unions do, and in some cases they do it better than financial institutions with bank in their name.

Over the course of time, the use of certain words that are commonplace in the English language cause them to be referred to as generic, often used, means the same thing or clearly understood. The courts of this country have on numerous occasions ruled that some words are so generic or commonly used that no one person or entity can claim it solely as theirs.

When a financial regulator decides to prohibit the use of generic words, it makes you think of what President Ronald Reagan said, “The nine most terrifying words in the English language are I’m from the government, and I’m here to help.”

In this case, I say to the Vermont State Employees Credit Union, “I am from NCUA, and we can help.” Federally chartered credit unions can use terms like “bank” and “banking.” 

What prompts a credit union to switch from a state to a federal charter? A decision by a state regulator that does not make sense. You can take that to the bank.

 

Michael E. Fryzel
Board Member
NCUA
Alexandria, Va.

 
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