Advocacy in action blog

The GUARD Financial Data Act, introduced by Rep. Bill Huizenga, Vice Chair of the House Committee on Financial Services, would create a modern data privacy framework for financial services companies to protect consumers’ personal information. NAIFA has joined the American Council of Life Insurers, American Property Casualty Insurance Association, Council of Insurance Agents and Brokers, Independent Insurance Agents and Brokers of America, and National Association of Mutual Insurance Companies to send a letter to Rep. Huizenga in support of the legislation.

Consumers trust the insurance and financial services industry to safeguard a variety of sensitive personal financial information, and the industry has responded by appropriately managing this data for decades. However, federal laws have not kept up with the evolution of data collection and usage. In many cases, states have stepped in to create a confusing patchwork of laws and regulations. 

The GUARD Act in harmony with the SECURE Data Privacy Act would “replace this patchwork with consistent, nationwide rules that provide equal protections for the confidentiality and security of consumers’ personal information,” NAIFA and our coalition partners write. The legislation would also ensure that companies and firms do not face undue barriers that would hinder their ability to serve clients. By not including a private right of action, the legislation will discourage bad-faith lawsuits and offer a consistent consumer understanding and application of privacy rights. 

The Department of Labor’s fiduciary-only rule will not go into effect. NAIFA has strongly opposed the misguided regulation, which would have restricted consumer choice and access to retirement advice. NAIFA was similarly instrumental in defeating an earlier version of the rule in 2016.

NAIFA-New Jersey Grassroots Involvement Chair Jill Van Nostrand asked the New Jersey Department of Labor and Workforce Development to withdraw a proposed rule that would risk misclassifying thousands of independent contractors in the state, including insurance producers and financial advisors, as employees under state labor law. In a comment letter she submitted on behalf of NAIFA-New Jersey, Van Nostrand wrote that the proposal ignores decades of legal precedent and places unnecessary burdens on highly regulated professionals who are already held to strict compliance standards.

The insurance business is effectively regulated at the state level, protecting consumers by taking into account local market conditions that impact the business. Laws that prevent federal regulations from straying into state-regulated insurance matters are important to avoid consumer confusion and prevent federal rules that could overlap or contradict state regulations. NAIFA supports legislation introduced by former NAIFA member Senator Tim Scott (R-SC) and Representative Bryan Steil (R-WI) that would amend the Consumer Financial Protection Act of 2010 to exempt the insurance business from regulations created by the Bureau of Consumer Financial Protection (CFPB).

NAIFA CEO Kevin Mayeux, CAE, issued the following statement upon Senate passage of its version of the tax and spending reconciliation bill:

“NAIFA is pleased that the Senate-passed reconciliation bill includes important measures that protect the financial security of American families and businesses. NAIFA members have strongly encouraged lawmakers to include permanent extensions of the 199A tax deduction for pass-through businesses and most of the individual tax rates and deductions that would have expired this year. We have also asked lawmakers to reject a cap on the corporate state and local tax (C-SALT) deduction and new taxes on insurers or insurance products. American consumers will benefit from the fact that the bill preserves the existing tax treatment of financial tools and imposes no new burdens that would prevent insurance and financial professionals from effectively serving the American public. NAIFA will continue to monitor the bill as it now returns to the House for final passage. Major changes that will impact our members or the financial security of the Main Street consumers they serve are unlikely.”

The Senate is preparing revisions to the massive budget and tax bill previously approved by the House with a goal of passing final legislation by July 4th. It is crucial to millions of Main Street businesses, many of which are owned or served by NAIFA members, that the final reconciliation bill makes the Section 199A deduction for pass-through businesses permanent and expands the deduction from 20 to 23%.

The House passed its version of the $6 trillion+ reconciliation bill (including a $3.8 trillion tax title), but we are still a long way from final action. Changes are expected in the Senate, and then more changes are likely as the House and Senate try to reconcile their two versions of the bill. Details are below. But first: a quick report on a highly successful NAIFA Congressional Conference last week.

NAIFA CEO Kevin Mayeux, CAE, released the following statement in response to the Centers for Medicare & Medicaid Services (CMS) press release announcing an aggressive strategy to enhance and accelerate Medicare Advantage audits:

The Department of Labor has announced that it will not enforce a 2024 rule for determining employee or independent contractor classification under the Fair Labor Standards Act. That rule, put in place by the Biden Administration, is now under review by the Department and also faces several federal lawsuits challenging its validity. NAIFA opposed the 2024 rule.

NAIFA is hosting the 12th annual Congressional Conference May 19-20 in Washington, D.C. Day 1 of the event at the Westin DC Downtown will feature targeted advocacy training with briefings on legislative issues that affect financial professionals’ businesses, clients, and communities. Washington insiders at Congressional Conference will offer attendees best practices for conducting congressional meetings and tips for developing impactful long-term relationships with legislators.