Volume 4, Issue 2, 2024 Welcome! Welcome to the second issue of Promissory Notes - our banking and finance e-newsletter - for 2024.
Business today is characterized by relentless change. To assist our clients in navigating...more
3/5/2024
/ Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Disclosure Requirements ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Incident Response Plans ,
Loans ,
Mergers ,
OCC ,
Policy Statement ,
Promissory Notes ,
Proposed Regulation ,
Securities and Exchange Commission (SEC)
OCC Issues Guidance on ‘Buy Now, Pay Later’ Lending -
“The guidance notes that banks should maintain underwriting, repayment terms, pricing, and safeguards that minimize adverse customer outcomes and should ensure that...more
1/29/2024
/ Artificial Intelligence ,
Banking Regulators ,
Basel Committee on Banking Supervision (BCBS) ,
Buy Now Pay Later (BNPL) ,
Climate Change ,
Consumer Financial Protection Bureau (CFPB) ,
FDIC ,
Interest Rates ,
Lending ,
Machine Learning ,
New Guidance ,
OCC ,
Risk Management ,
Software
FTC Amends Safeguards Rule to Require Non-Banking Financial Institutions to Report Data Security Breaches -
“Amendment will require non-bank financial institutions to report when they discover that information affecting...more
11/8/2023
/ Artificial Intelligence ,
Banks ,
Beneficial Owner ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Transparency Act ,
Credit Unions ,
Data Breach ,
Data Security ,
Debit Cards ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Interest Rates ,
Non-Bank Lenders ,
Reporting Requirements ,
Safeguards Rule ,
State and Local Government
Giant Banks Paid More for Deposits in Q2. That's Bad News for Small Lenders.
“But many smaller institutions, some of whom turned to more expensive borrowings to replace deposits lost in the spring, don't have as many...more
8/8/2023
/ Affirmative Action ,
Banking Sector ,
Borrowers ,
Climate Change ,
Consumer Financial Protection Bureau (CFPB) ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Financial Fraud ,
Financial Institutions ,
Financial Services Industry ,
Lenders ,
Risk Management
CFPB Issue Spotlight Analyzes “Artificial Intelligence” Chatbots in Banking -
"Poorly deployed chatbots can impede customers from resolving problems."
Why this is important: The Consumer Financial Protection Bureau...more
7/11/2023
/ Artificial Intelligence ,
Automotive Loans ,
Banking Sector ,
Borrowers ,
Bots ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Cards ,
Credit Reports ,
Customer Service Standard ,
Debt Collection ,
Delinquency Status ,
Fair Credit Billing Act (FCBA) ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Landlords ,
Tenants
Survey Finds Small-Business Lending Fraud on Rise -
“Lending fraud with small and midsize businesses has increased significantly over the last 12 months, and many financial institutions expect it to get worse, according to...more
6/1/2023
/ Artificial Intelligence ,
Banks ,
Chapter 11 ,
Commercial Bankruptcy ,
Construction Industry ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Unions ,
Financial Institutions ,
Financial Services Industry ,
Fraud ,
Lending ,
Libor ,
Secured Overnight Funding Rate (SOFR) ,
Small Business ,
Truth in Lending Act (TILA)
With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased regulatory scrutiny, banks need to review their overdraft practices.
As noted by the American Bankers Association, banks...more
3/22/2023
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Banks ,
Class Action ,
Congressional Review Act ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure ,
Dispute Resolution ,
Dodd-Frank ,
Financial Institutions ,
New Rules ,
Overdraft Fees ,
Regulatory Requirements
Community Banks Renew Fight Against ILCs -
“ICBA reiterates opposition to non-bank-owned lenders’ applications to the FDIC, naming GM, Ford, Rakuten.”
Why this is important: The Independent Community Bankers of...more
2/22/2023
/ Banking Sector ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Credit Cards ,
Divestment ,
FDIC ,
Federal Reserve ,
Fees ,
Financial Institutions ,
FinTech ,
Fossil Fuel ,
Internet ,
Investment ,
Lenders ,
Stress Tests
Student Loans -
Supreme Court Likely to Rule that Biden Student Loan Plan is Illegal, Experts Say. Here’s What that Means for Borrowers -
“Long before the president acted, Republicans had criticized student loan...more
12/14/2022
/ Automotive Loans ,
Borrowers ,
Commercial Bankruptcy ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Data Breach ,
Data Protection ,
Data Security ,
Debt Collection ,
Delinquent Borrowers ,
Department of Education ,
Educational Institutions ,
Financial Services Industry ,
Joe Biden ,
Landlords ,
Loan Forgiveness ,
No Surprises Act (NSA) ,
Phishing Scams ,
Student Loans ,
Surprise Medical Bills ,
TCPA ,
Tenants ,
Text Messages
A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Office...more
12/7/2022
/ Bias ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Credit Cards ,
Credit Reports ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Enforcement Actions ,
Financial Services Industry ,
Legislative Agendas ,
Loan Applications ,
Loan Forgiveness ,
Nursing Homes ,
Popular ,
Student Loans ,
UDAAP ,
Unfair or Deceptive Trade Practices
Data Breaches
Pennsylvania Settlements with Experian and T-Mobile
Why this is important: Pennsylvania’s Attorney General, Josh Shapiro, announced on Monday, November 7, 2022, that Pennsylvania entered into settlements...more
Financial Services Committee Passes Bills to Protect Consumers
"The House Financial Services Committee, led by Chairwoman Maxine Waters (D-CA), passed eight bills to strengthen oversight of our nation’s affordable housing...more
8/11/2022
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Cryptocurrency ,
Fair Lending ,
FDCPA ,
FDIC ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Securities and Exchange Commission (SEC)
Banking Law Rooted in Civil Rights Era Gets a 21st Century Update "The Community Reinvestment Act basically mandates that if you open a bank in a low-income neighborhood, you can’t just take that neighborhood’s deposits and...more
6/3/2022
/ Banking Sector ,
Community Reinvestment Act ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Decriminalization of Marijuana ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
Forbearance Agreements ,
OCC
CFPB Focuses on Rural Banking Access -
"Rural Americans visit bank branches at nearly double the rate of urban and suburban customers, the CFPB found in its report, titled Challenges in Rural Banking Access."
Why...more
Student Loans: Stressors and Pitfalls as Repayments Begin and CFPB Actions Against Alleged Fraudulent Conduct -
On March 13, 2020, near the beginning of the pandemic in the U.S., the CARES Act included a pause for all...more
3/10/2022
/ Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Economic Sanctions ,
Federal Reserve ,
Financial Institutions ,
Financial Services Industry ,
Financial Transactions ,
FinTech ,
Russia ,
Student Loans ,
SWIFT ,
Ukraine
Buying Virtual Real Estate in the Metaverse Now has Its Own Mortgage -
"A Vancouver firm has provided one of the first lending solutions for the whole new world we need to learn about."
Why this is important: A...more
Student Loan Forgiveness Updates: New Changes Coming in 2022 for Public Service Borrowers -
"Borrowers on track for Public Service Loan Forgiveness, a federal student loan forgiveness program for people devoted to careers...more
Millions of Consumers have Cut Their Debts, So Why are Financial Experts Sounding Alarm -
"And with stimulus payments a thing of the past and other unusual financial stabilization programs unwinding, the alerts are going...more
11/17/2021
/ Automotive Loans ,
Banking Sector ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Credit Reports ,
Cryptocurrency ,
Financial Services Industry ,
Forbearance Agreements ,
Mortgages ,
Payment Systems ,
Stablecoins ,
Student Loans
What to Expect as Education Department Gets Ready to Resume Student Loan Payments -
"After nearly two years of pausing student loan bills, the U.S. Department of Education is trying to figure out how to start collecting...more
China's Cryptocurrency Ban: What It Means for Bitcoin, Coinbase and the US -
"On Sept. 24, China's Central Bank declared all crypto-related transitions illegal, citing concerns about gambling fraud and money laundering."...more
Biden Administration Extends Student Loan Pause Until January 31, 2022 -
"The Department believes this additional time and a definitive end date will allow borrowers to plan for the resumption of payments and reduce the...more
9/21/2021
/ Banking Sector ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Fair Credit Reporting Act (FCRA) ,
Financial Regulatory Reform ,
Financial Services Industry ,
Housing Market ,
Interest Rates ,
Military Service Members ,
Payday Loans ,
Securities and Exchange Commission (SEC) ,
Small Dollar Lenders ,
Student Loans
Why the Overturned Eviction Moratorium May be Too Little, Too Late for Both Renters, Landlords -
"However, the ruling doesn’t mean renters in states without protections will be immediately removed from their homes — an...more
9/7/2021
/ CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Debt Collection ,
Department of Education ,
Eviction ,
Federal Reserve ,
Financial Services Industry ,
Foreclosure ,
HELOC ,
Moratorium ,
Payday Loans ,
Startups ,
Venture Capital ,
Wage Garnishment
Mobile Payment App Complaints are Surging as More Americans Go Cashless -
"Top complaints include trouble with digital wallets, scams and customer service issues."
Why this is important: Roughly four in five Americans...more
Federal Hearings Seek to Reverse Trump-Era Student Loan Rules -
"The revisions include strengthening protections for borrowers harmed by misleading practices by their college."
Why this is important: Student loan debt...more
Consumer Watchdog Group Issues Policy to Strengthen National Eviction Moratorium -
"Since the eviction moratorium has been in effect, housing advocates and renters have said a lack of enforcement has led to landlords...more
5/19/2021
/ Capital Gains Tax ,
Congressional Investigations & Hearings ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reporting Agencies ,
Cryptocurrency ,
Eviction ,
FDCPA ,
Moratorium ,
Mortgages ,
Oral Argument ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
TransUnion ,
TransUnion LLC v Ramirez