NACHA Changes ACH Credit-Push Payments Rules To Fight Scams & Fraud

Placing More Responsibility on the Financial Services Sector to Police Scams & Fraud

Authors:
•  SCARS Editorial Team – Society of Citizens Against Relationship Scams Inc.
•  NACHA

About This Article

Nacha members have endorsed rules to combat fraud, including business email compromise (BEC), leveraging credit-push payments. These rules mandate ACH payment monitoring for all network participants (excluding consumers), marking a pivotal shift.

Despite not altering liability, recipient financial institutions (RDFIs) gain a monitoring role for the first time. With BEC scams, vendor impersonation, and payroll fraud causing significant losses, the need for action is urgent.

The rules enhance fraud detection across the payment process, empowering financial institutions to act swiftly upon detection. Prompted by Nacha’s “Risk Management Framework for Credit-Push Fraud,” these rules promise broader applicability beyond ACH payments.

NACHA Changes the Rules for Banking that make use of Credit-Push ACH Payments

New Rules

The approval of new rules by Nacha members marks a significant milestone in the ongoing battle against fraud, particularly for both consumer and business victims in the U.S. With the prevalence of scams like business email compromise (BEC) on the rise, these rules are designed to bolster the defenses of the ACH Payments Network against fraudulent activities that involve credit-push payments. By establishing a baseline of ACH payments monitoring for all parties involved in the network, except consumers, these rules represent a proactive approach to mitigating fraud risks.

The impact of fraud, especially BEC scams, cannot be understated. With billions of dollars lost annually due to such schemes, financial institutions and businesses alike must take decisive action to combat this threat. The newly approved rules empower receiving financial institutions (RDFIs) with a defined role in monitoring the ACH payments they receive, enabling them to detect and respond to fraudulent transactions more effectively. This collaborative effort, driven by Nacha’s commitment to self-governance, reflects a collective determination to safeguard the integrity of the payment system and protect both businesses and consumers from financial harm.

According to NACHA

Nacha members have approved a set of rules intended to reduce the incidence of frauds, such as business email compromise (BEC), that make use of credit-push payments. The new rules establish a base-level of ACH payments monitoring on all parties in the ACH Network (except consumers). While the new rules do not shift the liability for ACH payments, for the first time receiving financial institutions (RDFIs) will have a defined role in monitoring the ACH payments they receive.

“All participants in the ACH Payments Network have a part to play in reducing the incidence of fraud, and recovering when fraud has occurred,” said Jane Larimer, Nacha President and CEO. “I applaud Nacha’s members for taking this important step of self-governance.”

BEC (Business Email Compromise,) vendor impersonation and payroll impersonation are some examples of fraud that result in payments being “pushed” from a payer’s account to the account of a fraudster. The FBI’s Internet Crime Complaint Center’s 2023 annual report found there were 21,489 BEC complaints in 2023 totaling $2.9 billion in reported losses, making it the second-costliest type of cybercrime. According to the Association of Financial Professionals, “Business Email Compromise (BEC) scams are still highly prevalent and are the root cause of payment fraud at a majority of organizations.”

The new rules follow the flow of a credit-push payment to promote the detection of fraud from the point of origination through the point of receipt at an account at the RDFI. When fraud is detected, the rules empower the originating financial institution (ODFI) to request the return of the payment for any reason; the RDFI to delay funds availability (within the limits of Regulation CC) to examine the payment more closely; and the RDFI to return a suspicious transaction on its own initiative without waiting for a request or a customer claim. An additional rule facilitates transaction monitoring by RDFIs by applying a standard transaction description for ACH credits used for payroll payments.

The impetus for the newly approved Rules came in late 2022 when Nacha released its strategy “Risk Management Framework for the Era of Credit-Push Fraud.” The strategy expanded the focus of fraud detection and prevention to include frauds that use credit-push payments, including ACH credits. While the new rules apply to ACH payments, their principles and techniques are more broadly applicable to all types of credit-push payments.

About Nacha

Nacha governs the thriving ACH Payments Network in the United State, the payment system that drives safe, smart, and fast Direct Deposits and Direct Payments with the capability to reach all U.S. bank and credit union accounts. There were 31.5 billion ACH Network payments made in 2023, valued at $80.1 trillion. Through problem-solving and consensus-building among diverse payment industry stakeholders, Nacha advances innovation and interoperability in the payments system. Nacha develops rules and standards, provides industry solutions, and delivers education, accreditation, and advisory services.

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