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FDIC Sends Clear Message in Recent Enforcement Action: BaaS/Fintech Partnerships are a High-Risk Compliance Area

Last month, the Federal Deposit Insurance Corporation (“FDIC”) took action against a bank for alleged unsafe or unsound banking practices. This, in and of itself, is not usual or newsworthy. What is unusual and newsworthy,...more

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA...more

Commercial Lenders: Are You Getting Ready for the CFPB?

On March 30, 2023, the Consumer Financial Protection Bureau (“CFPB”) (finally) issued its Final Rule on Section 1071 — only one day ahead of the court-ordered deadline to do so. This means that covered financial institutions...more

Critical Infrastructure Providers Face New Cybersecurity Reporting Requirements

On Tuesday, March 15, President Joe Biden signed into law a $1.5 trillion government funding bill that included new legislation mandating critical infrastructure owners and operators to report a substantial cyber-attack and...more

CFPB Solicits Feedback on “Junk Fees” – Are New Regulations Coming?

On January 26, 2022, the Consumer Financial Protection Bureau (CFPB) issued a request for public comment relating to “junk fees” consumers may be subjected to when engaging in financial services. So what exactly is a...more

Notice Anything Different? Federal Regulators Issue Final Rule Setting New Computer Security Incident Notification Requirements...

Nearly a year after issuing the notice of proposed rulemaking, the FDIC, OCC, and Federal Reserve have issued a final rule setting new notification requirements for banks and their third-party service providers in the event...more

Payment Service Providers’ Valuable Data is Getting More Regulatory Attention

The ways consumers make payments, including the data and technology associated with those payments, is becoming an increased focus of regulators. Financial institutions should carefully and thoroughly consider the recent...more

Commercial lenders: Are you ready to start providing data on small business lending to the CFPB?

Over the past year and a half, the CFPB has been quietly taking steps toward implementing regulations around collecting data from commercial lenders regarding commercial loans. Those efforts culminated on September 1, 2021,...more

Eleventh Circuit Renews the FDCPA as a Consumer Privacy Statute; Deals Major Blow to Debt Collection Services Industry

Does the federal Fair Debt Collection Practices Act (the FDCPA) apply to communications between a debt collector and its vendors? And, is the FDCPA a consumer privacy statute?  In an apparent issue of first impression, the...more

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