CFPB Crackdown on Deceptive Advertisements to Servicemembers in Full Swing
The CFPB settles with its fifth, sixth, and seventh companies for deceptive advertisements directed at servicemembers and veterans. Deception included implying an affiliation with the government and misrepresenting fees associated with the loans. [9/4/20]
FinCEN: Unlawfully Disclosed SARs
FinCEN has issued a statement that it is aware that various media outlets intend to publish a series of articles based on unlawfully disclosed Suspicious Activity Reports from several years ago. FinCEN seeks to remind all parties that unauthorized disclosure of SARs is a crime. [9/2/20]
NCUA: We Prefer Carrots Over Sticks (But Reserve Stick Option)
When it comes to promoting compliance, the NCUA prefers to provide more carrots in the form of incentivizing and rewarding corrective action and self-identification of compliance deficiencies. But the agency will use, when necessary, formal actions (a.k.a. sticks) to correct violations. [8/28/20]
PEP Talk
What you need to know about the agencies' recent statement on BSA regarding politically exposed persons. [8/26/20]
Risk Watch Plus Webinar 8: Complaint Management
Complaints: Why you shouldn't shun them, but invite them! In this era of exploding complaint volume, this certificated webinar (see instructions in video for how to get your free certificate of completion) takes a look at the risks, evolution, and need for a management strategy to effectively deal with complaints. Before that, we cover what's hot in compliance, as seen by the editors of Risk InboX.
Credit Unions
- CFPB Fines TD Bank $28 Million for Damaging Consumer Credit Reports
The CFPB has fined TD Bank $27.76 million for persistently providing inaccurate and fraudulent information to consumer reporting agencies, including erroneous credit card delinquencies and fraudulent account details, and for failing to properly address consumer disputes. [9/12/24]
- Credit Union Assets and Loans Up, Delinquencies Rise, Net Income Falls
As of the second quarter of 2024, federally insured credit unions saw a 3.5% increase in total assets to $2.3 trillion, a rise in delinquency rates, and a 10.1% decrease in net income, while loan performance and financial stability remain mixed amid ongoing economic challenges. [9/12/24]
- CFPB Report
The CFPB's new report reveals that large retailers are now charging fees for cash-back transactions with debit or prepaid cards, costing Americans tens of millions annually, particularly impacting those in underserved communities with limited banking access. [8/29/24]
- CFPB Fines NewDay USA $2.25 Million for Deceiving Veterans in Refinancing Scheme
The CFPB has fined NewDay USA $2.25 million for misleading active-duty servicemembers and veterans with deceptive cost comparisons on cash-out refinance loans, requiring the company to stop misrepresenting loan costs and pay the penalty to the victims relief fund. [8/29/24]
- OFAC Amends Frequently Asked Questions
The U.S. Treasury's OFAC is updating several FAQs to improve public guidance on sanctions implementation and will continue this review process to provide current and helpful information. [8/22/24]
- NCUA Board Approves Proposed Rule
The NCUA Board approved an interagency notice of proposed rulemaking which would establish data standards for certain information collections submitted to the NCUA and other financial regulatory agencies. [8/15/24]
- America’s Credit Unions’ Compliance Blog
America's Credit Unions' has published a new compliance blog examining CFI definition, whistleblowers, and ad requirements. [8/8/24]
- OFAC Compliance Hotline Announcement
The U.S. Department of the Treasury’s OFAC is updating its Compliance Hotline by transitioning to a single online platform for submitting sanctions queries, retiring email and phone options by the end of 2024, and aiming for full implementation by January 1, 2025. [8/8/24]
- NCUA Prohibits Two Individuals
The NCUA has prohibited two individuals from participating in the affairs of any federally insured depository institution; Jose Prado-Valero and Tracy H. Thibodeau. [8/1/24]
- Public Comment Requested Regarding Beneficial Ownership Information Requests
The Department of the Treasury, representing FinCEN, will issue a 30-day notice in the Federal Register for public comment on the collection of beneficial ownership information, following an earlier 60-day notice, to refine the process for authorized entities seeking access under the Corporate Transparency Act. [7/25/24]
- CFPB Proposes Interpretive Rule Regarding Paycheck Advance Products
The CFPB proposed a rule clarifying that many paycheck advance products, often marketed as “earned wage” products, fall under consumer loan regulations governed by the Truth in Lending Act. This rule aims to ensure lenders disclose costs and fees clearly to workers, following a report that found these products carry high APRs and are used frequently, with workers taking an average of 27 loans per year. [7/18/24]
- NCUA Board Approves Incentive-Based Compensation Rule
The NCUA Board approved rules on incentive-based compensation for financial institutions based on asset size tiers, aimed at promoting long-term company health. They also endorsed new rules requiring succession plans for federally insured credit unions to ensure leadership continuity and operational stability. [7/18/24]
Banking Industry
- CFPB Fines TD Bank $28 Million for Damaging Consumer Credit Reports
The CFPB has fined TD Bank $27.76 million for persistently providing inaccurate and fraudulent information to consumer reporting agencies, including erroneous credit card delinquencies and fraudulent account details, and for failing to properly address consumer disputes. [9/12/24]
- Credit Union Assets and Loans Up, Delinquencies Rise, Net Income Falls
As of the second quarter of 2024, federally insured credit unions saw a 3.5% increase in total assets to $2.3 trillion, a rise in delinquency rates, and a 10.1% decrease in net income, while loan performance and financial stability remain mixed amid ongoing economic challenges. [9/12/24]
- CFPB Report
The CFPB's new report reveals that large retailers are now charging fees for cash-back transactions with debit or prepaid cards, costing Americans tens of millions annually, particularly impacting those in underserved communities with limited banking access. [8/29/24]
- CFPB Fines NewDay USA $2.25 Million for Deceiving Veterans in Refinancing Scheme
The CFPB has fined NewDay USA $2.25 million for misleading active-duty servicemembers and veterans with deceptive cost comparisons on cash-out refinance loans, requiring the company to stop misrepresenting loan costs and pay the penalty to the victims relief fund. [8/29/24]
- OFAC Amends Frequently Asked Questions
The U.S. Treasury's OFAC is updating several FAQs to improve public guidance on sanctions implementation and will continue this review process to provide current and helpful information. [8/22/24]
- Financial Data Transparency Act of 2022: Notice of Proposed Rulemaking
On August 22, 2024, major U.S. financial regulatory agencies proposed joint data standards for implementing the Financial Data Transparency Act of 2022, aiming to enhance the interoperability and accessibility of financial data, though these standards won't immediately impact community banks. [8/22/24]
- OFAC Compliance Hotline Announcement
The U.S. Department of the Treasury’s OFAC is updating its Compliance Hotline by transitioning to a single online platform for submitting sanctions queries, retiring email and phone options by the end of 2024, and aiming for full implementation by January 1, 2025. [8/8/24]
- Joint Statement on Third-Party Arrangements with Banks
The OCC, Federal Reserve, and FDIC have issued a joint statement and Request for Information on the risks and management practices associated with banks using third parties to deliver deposit products and services, highlighting potential risks and providing guidance for effective risk management. [8/1/24]
- FDIC Request for Information on Deposits
The FDIC Board of Directors has issued a Request for Information (RFI) to gather public feedback on the details of uninsured deposits, aiming to improve risk monitoring, insurance pricing, and transparency following recent bank failures. [8/1/24]
- Public Comment Requested Regarding Beneficial Ownership Information Requests
The Department of the Treasury, representing FinCEN, will issue a 30-day notice in the Federal Register for public comment on the collection of beneficial ownership information, following an earlier 60-day notice, to refine the process for authorized entities seeking access under the Corporate Transparency Act. [7/25/24]
- Public Outreach Meeting Announced
Federal bank regulatory agencies will host a virtual public outreach meeting on September 25, 2024, to gather stakeholder input on regulatory categories under review as required by the Economic Growth and Regulatory Paperwork Reduction Act of 1996, with registration for oral comments closing on August 9, 2024. [7/25/24]
- CFPB Proposes Interpretive Rule Regarding Paycheck Advance Products
The CFPB proposed a rule clarifying that many paycheck advance products, often marketed as “earned wage” products, fall under consumer loan regulations governed by the Truth in Lending Act. This rule aims to ensure lenders disclose costs and fees clearly to workers, following a report that found these products carry high APRs and are used frequently, with workers taking an average of 27 loans per year. [7/18/24]
Agencies
- August 2024 Beneficial Ownership Reporting Outreach Activities
In August, FinCEN conducted over 170 events to educate stakeholders on new beneficial ownership reporting requirements, emphasizing the importance of this information for financial security and explaining that the filing process is quick, free, and secure. [9/12/24]
4o mini
- CFPB Report
A CFPB report reveals ongoing issues with debt collectors pursuing unpaid medical bills and rental debt, including attempts to collect bills already paid or eligible for assistance, aggressive collection practices, and improper fees, highlighting the need for stronger consumer protection measures. [9/12/24]
- FinCEN Releases Analysis on Mail Theft Check Fraud
The U.S. Department of the Treasury’s FinCEN reported that in the six months after its 2023 alert, financial institutions filed 15,417 reports on mail theft-related check fraud, totaling over $688 million, highlighting the severity of the issue and the importance of collaboration between FinCEN and the U.S. Postal Inspection Service to combat this crime. [9/12/24]
- CFPB Publishes Annual Report on Debt Collection
The CFPB's annual report reveals ongoing aggressive and illegal debt collection practices, including improper pursuit of already paid or unassisted medical bills and inflated rental debts due to illegal price-fixing and dubious fees. [9/5/24]
- FFIEC Cybersecurity Assessment
The FFIEC is taking its Cybersecurity Assessment Tool off its website on August 31, 2025. [9/5/24]
- OFAC Updates
The Treasury Department's OFAC is releasing a new FAQ (FAQ 1190) and updating two existing FAQs (FAQ 736 and FAQ 757) concerning the Cuban Assets Control Regulations. [8/29/24]
- FinCEN Urges Vigilance on Synthetic Opioid Transactions
During Overdose Awareness Week, FinCEN urged financial institutions to monitor and report suspicious activities linked to the illicit fentanyl supply chain and trafficking of synthetic opioids, while continuing its efforts through the Counter-Fentanyl Strike Force and regional outreach events to enhance collaboration and combat the opioid crisis. [8/29/24]
- FinCEN Issues Two Rules
The U.S. Department of the Treasury's FinCEN has issued two new rules targeting illicit finance in the residential real estate and investment adviser sectors, aimed at enhancing transparency, closing regulatory gaps, and strengthening anti-money laundering efforts as part of the Biden-Harris administration's strategy to combat corruption. [8/29/24]
- FFIEC Issues New Booklet
The FFIEC's new "Development, Acquisition, and Maintenance" booklet guides examiners in evaluating IT practices by outlining expectations for development, governance, risk management, and third-party interactions, reflecting updates in technology and security needs, and replacing the previous 2004 booklet. [8/29/24]
- CFPB Acts Against Fay Servicing for Illegal Foreclosures and Breaching Law Enforcement Order
The CFPB has fined Fay Servicing $2 million for breaching mortgage servicing laws and a 2017 order, mandating $3 million in consumer redress, $2 million in tech upgrades, and CEO compensation limits if compliance fails, due to illegal foreclosure actions and overcharging borrowers. [8/22/24]
- FinCEN Deputy Director’s Houston Outreach with Congress
On August 14 and 15, FinCEN's Deputy Director Jimmy Kirby participated in outreach events in Houston with Reps. Lizzie Fletcher and Sylvia Garcia to help small businesses understand and comply with the Corporate Transparency Act's beneficial ownership reporting requirements. [8/22/24]
- OFAC SDN List Update
OFAC's SDN list has been updated to include further individuals, entities, and vessels. [8/15/24]