New CME Rules suck: just opened a new account with another FCM and was tagged "professional" because I put "at-home trader" on the occupation line. I have never had issue with this definition in the past but with these new rules and CME looking to increase revenue, I can see more of us being tagged as such and having to pay the higher data fees.
CME rates are $85/month for pro but many platforms charge $90. You should not have to pay the pro rate if your account is in your name, not an entity and you are not registered with the NFA or SEC. 1245
I think I shouldn't either, but after speaking with a 2 ib's at different FCM's (one of the mentioned account and another FCM), if you make a living trading, even if in your own name, CME labels you as pro because they view this as your main source of income. The ib "advised" me not to lie on the application, but...(wink, wink, nudge, nudge, know what I mean, know what I mean - enough said). Feel free to verify this. Purpose of the OP is to let others know to think carefully what you put on that occupation line.
Called around and it was explained to me: http://www.cmegroup.com/market-data/distributor/files/schedule-4-cme-mlda.pdf Drill down, Section 17(c) and schedule A(c) The Non-Professional Subscriber (c) the Subscriber does not have a primary business purpose that involves trading; As was explained, you can say otherwise on the application, but if you are an active trader, yet you list yourself as a casual trader, CME will determine you as a professional and this is your primary business. I easily do 2k turns a month and I would be flagged.
Just my opinion and I work for an Introducing Broker. The section you are referring to is for an entity that wants to avoid pro fees because their primary business is not trading. Not an individual trader with an account in their name that is not registered. See Attached.
Non-Professional shall mean and include either (i) an individual, natural person Subscriber(s) who, or (ii) certain small business entities (limited liability companies, partnerships, trusts or corporations) that, receive and use Information (excluding any pit traded data), in each case subject to the following restrictions: The Non-Professional Subscriber (a) the Subscriber must have an active futures trading account; (b) the Subscriber must not be a member (or hold or lease any type membership) of any exchange; (c) the Subscriber does not have a primary business purpose that involves trading; (d) the Subscriber must not be registered or qualified as a professional trader or investment adviser with any stock, commodities or futures exchange or contract market, or with any regulatory authority, professional association or recognized professional body; and (e) the Subscriber must not be affiliated with any entity that is or may be considered a Professional User; According to this section, this applies to both individuals and entities. That's the interpretation detailed when I called.
CME greed is insatiable. The CME wants everyone to pay for data. Even if you trade CME futures and pay their outrageous per side contract fees ($1.14 for ES, NQ, YM) they want you to pay for the data required to trade and hence pay the contract fees. New nonPro data fees: $1 each for top of book for CME, CBOT, NYMEX and COMEX. $5 each for market depth for CME, CBOT, NYMEX and COMEX. There is a grandfathering period for existing futures account holders to get free data. Why doesn't the CFTC step in and stop this CME greed trip on excessive fees?