Federal Court Rejects Challenges to FDIC’s and OCC’s “Valid When Made” Rules
A federal court in two separate but related cases has rejected challenges to the FDIC’s and the OCC’s respective regulations that codified the...more
2/28/2022
/ Banking Sector ,
Central Bank Digital Currency (CBDCs) ,
Consumer Financial Protection Bureau (CFPB) ,
Digital Currency ,
FDIC ,
Financial Institutions ,
Interest Rates ,
Loan Forgiveness ,
Loan Servicer ,
Madden v Midland Funding ,
Massachusetts Institutie of Technology (MIT) ,
OCC ,
Paycheck Protection Program (PPP) ,
SBA ,
Student Loans
Federal Reserve Considers Merits of Creating a U.S. Dollar Digital Currency
The Federal Reserve has published a discussion paper that examines the pros and cons associated with the creation of a U.S. central bank digital...more
1/28/2022
/ Banking Examinations ,
Banks ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Deposit Insurance ,
Depository Institutions ,
Digital Currency ,
FDIC ,
Federal Reserve ,
Federal Savings Associations ,
Fees ,
FFIEC ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Public Comment ,
Transaction Fees
FDIC Board Governance Dispute on Review of Bank Mergers Aired Publicly -
CFPB Director Rohit Chopra on December 9 published on the CFPB’s website a blog post captioned “How Should Regulators Review Bank Mergers?” in...more
12/28/2021
/ Alternative Reference Rates Committee (ARRC) ,
Annual Percentage Rate (APR) ,
Banking Sector ,
Community Reinvestment Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Digital Assets ,
FDIC ,
Final Rules ,
Financial Institutions ,
Financial Services Industry ,
FSOC ,
Leverage Ratio ,
Libor ,
Mergers ,
OCC ,
Overdraft Fees ,
Regulation Z ,
Risk Assessment ,
Secured Overnight Funding Rate (SOFR) ,
Truth in Lending Act (TILA)
Federal Banking Agencies Publish Policy Road Map for Crypto-Asset Activities -
The federal banking agencies have issued a joint statement summarizing their interagency “policy sprints” focused on crypto-asset activities...more
11/30/2021
/ Banking Sector ,
Banks ,
Biden Administration ,
CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Cybersecurity ,
FDIC ,
Forbearance Agreements ,
Investment Funds ,
Mortgage Servicers ,
Mortgages ,
Notice Requirements ,
OCC ,
Prudential Regulation Authority (PRA) ,
Regulation X ,
Stablecoins ,
Venture Capital ,
Volcker Rule ,
Working Groups
Federal and State Financial Regulators Publish New Guidance on LIBOR Transition -
The federal banking agencies, the NCUA and the CFPB, in conjunction with the state bank and state credit union regulators, have issued joint...more
10/28/2021
/ Banking Sector ,
Biden Administration ,
CFTC ,
Commodities ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Debt Collection ,
Dividends ,
Electronic Communications ,
Enforcement Actions ,
Executive Orders ,
FDCPA ,
Federal Contractors ,
Financial Institutions ,
Financial Services Industry ,
FinCEN ,
Libor ,
Ransomware ,
Regulation F ,
Stablecoins ,
Suspicious Activity Reports (SARs) ,
Vaccinations
Division of Banks Warns of Risks from Representments Causing Multiple NSF Fees -
The Massachusetts Division of Banks has issued a supervisory alert letter to warn banks about certain legal risks and risks of regulatory...more
9/29/2021
/ Banking Sector ,
Community Banks ,
Community Reinvestment Act ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Dodd-Frank ,
ECOA ,
FDIC ,
Federal Reserve ,
Fees ,
FinTech ,
HMDA ,
Marijuana Related Businesses ,
NDAA ,
OCC ,
Office of Foreign Assets Control (OFAC) ,
Overdraft Fees ,
Proposed Rules ,
Ransomware ,
Regulation B ,
SBA ,
SDN List ,
Small Business
CFPB Amends Mortgage Rule to Protect Borrowers Affected by COVID-19 The CFPB issued a final rule to amend its Regulation X—which implements the Real Estate Settlement Procedures Act—to assist home mortgage loan borrowers...more
7/29/2021
/ AML/CFT ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
Community Reinvestment Act ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Coronavirus/COVID-19 ,
FHFA ,
FinCEN ,
Foreclosure ,
Interagency Guidance ,
Mortgage Lenders ,
Mortgage Servicers ,
New Guidance ,
OCC ,
Refinancing ,
Regulation X ,
RESPA ,
Rulemaking Process ,
Third-Party Risk
Fed Issues Proposed Rule for New Instant Electronic Payment Service -
FedNow The Federal Reserve has issued a proposed rule that would govern funds transfers over the Federal Reserve’s new 24x7x365 service that will...more
6/28/2021
/ Americans with Disabilities Act (ADA) ,
Banking Sector ,
Civil Rights Act ,
Community Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Depository Institutions ,
Electronic Fund Transfer Act ,
Equal Employment Opportunity Commission (EEOC) ,
FDIC ,
Federal Reserve ,
FIRREA ,
Fraud ,
Guidance Update ,
Interest Rates ,
Leverage Ratio ,
Minority-Owned Businesses ,
Mortgage Lenders ,
Policy Statement ,
Remote Notarization ,
Title VII ,
Uniform Commercial Code (UCC) ,
Vaccinations
CFPB Takes Steps to Avoid a Possible Wave of Home Mortgage Loan Foreclosures -
The CFPB has issued guidance to mortgage servicers, including banks that service mortgage loans for third-party noteholders, that the CFPB...more
4/29/2021
/ Banking Sector ,
Centers for Disease Control and Prevention (CDC) ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Eviction ,
Fannie Mae ,
FDCPA ,
FEMA ,
Financial Services Industry ,
Foreclosure ,
Freddie Mac ,
Guidance Update ,
Moratorium ,
Mortgage Servicers ,
Mortgages ,
National Flood Insurance Program ,
Paycheck Protection Program (PPP) ,
Proposed Rules ,
Qualified Mortgage Rule ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Stock Purchase Agreement ,
Tax Allocation Agreements
On March 29, 2021, the Federal Reserve Board, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Office of the Comptroller of the Currency...more
Federal Reserve Issues New Guidance on Managing the LIBOR Transition -
The Federal Reserve has issued guidance on how examiners will assess a banking organization’s progress in preparing to transition to a replacement rate...more
3/30/2021
/ Abusive Acts ,
Banking Sector ,
Community Reinvestment Act ,
Consumer Financial Protection Bureau (CFPB) ,
Discriminatory Lending Practices ,
Dodd-Frank ,
ECOA ,
Federal Reserve ,
Financial Institutions ,
Financial Services Industry ,
Flood Insurance ,
Libor ,
New Guidance ,
NPRM ,
Paycheck Protection Program (PPP) ,
Qualified Mortgage Rule ,
Regulation Z ,
Relief Measures ,
Rescission ,
SBA ,
Student Loans
Updated Annual Meeting Guidance for Mutual Banks and Mutual Holding Companies -
The Massachusetts Division of Banks has issued new guidance to mutual banks and mutual holding companies that have not yet held their 2020...more
1/28/2021
/ Annual Meeting ,
Bank Holding Company ,
BSA/AML ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Data Breach ,
FDIC ,
Final Rules ,
Guidance Update ,
Mortgage Escrow Account ,
Mortgages ,
Notice Requirements ,
OCC ,
Supervisory Guidance ,
Suspicious Activity Reports (SARs)
FDIC Modernizes Brokered Deposit Rule and Amends Interest Rate Restrictions -
The FDIC has adopted a final rule that establishes new standards for determining whether deposits made through certain kinds of arrangements...more
12/23/2020
/ Bank Secrecy Act ,
Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Customer Due Diligence (CDD) ,
FDIC ,
Financial Institutions ,
FinCEN ,
FinTech ,
Interest Rates ,
Libor ,
Suspicious Activity Reports (SARs)
Federal Banking Agencies Issue New Guidance on Managing the LIBOR Transition -
The member agencies of the Federal Financial Institutions Examination Council (“FFIEC”) have issued joint guidance for banking organizations...more
11/24/2020
/ Appraisal ,
Bank Secrecy Act ,
Banking Sector ,
BSA/AML ,
Consumer Financial Protection Bureau (CFPB) ,
Customer Due Diligence (CDD) ,
Debt Collection ,
Dodd-Frank ,
FDCPA ,
Federal Reserve ,
Final Rules ,
FinCEN ,
Libor ,
National Bank Charters ,
NCUA ,
New Guidance ,
OCC ,
Regulation F ,
Regulation M ,
Regulation Z ,
Secured Overnight Funding Rate (SOFR) ,
Supervision ,
Truth in Lending Act (TILA)
Federal Court Dismisses Class Action Claims Against PPP Lenders for Agent Fees -
A federal court in Florida has dismissed claims made in a class action lawsuit against several banks and other Small Business Administration...more
8/27/2020
/ Banking Regulators ,
Banking Sector ,
BSA/AML ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
FDIC ,
FFIEC ,
Financial Institutions ,
New Guidance ,
Paycheck Protection Program (PPP) ,
Qualified Mortgage Rule ,
Relief Measures
SBA Issues Instructions to Lenders on Submitting PPP Loan Forgiveness Applications The U.S. Small Business Administration (the “SBA”) has issued a procedural notice announcing that the SBA will begin accepting forgiveness...more
7/30/2020
/ BSA/AML ,
CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Eviction ,
FinCEN ,
Foreclosure ,
Loan Forgiveness ,
Moratorium ,
Paycheck Protection Program (PPP) ,
SBA ,
Single Director
Last week, the Consumer Financial Protection Bureau (the “CFPB”) released two “no action” letter templates that address the affordable small dollar loans and mortgage repayment relief for consumers when many may need it most....more
Division of Banks Updates Guidance on COVID-19 Forbearance Under Emergency Law
The Massachusetts Division of Banks has updated its guidance in the form of answers to frequently asked questions (FAQs) about Chapter 65 of...more
President Signs New COVID-19 Relief Bill into Law, Funding Additional PPP Loans -
The Paycheck Protection Program and Health Care Enhancement Act was signed into law by President Donald Trump on April 24, providing $484...more
5/1/2020
/ Banking Sector ,
CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Credit Facilities ,
Electronic Notarization Standard ,
Eviction ,
Federal Reserve ,
Financial Institutions ,
Foreclosure ,
Governor Baker ,
HMDA ,
Leverage Ratio ,
Loan Modifications ,
Moratorium ,
Notarization ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
State and Local Government ,
Virtual Notarization Procedures
The FDIC and OCC have issued new guidance for banks on heightened cybersecurity risks facing the financial services industry because of increased geopolitical tensions and threats of aggression. The guidance published on...more
1/30/2020
/ Auditors ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Cybersecurity ,
Data Breach ,
Dodd-Frank ,
FDIC ,
Federal Savings Associations ,
FFIEC ,
Financial Abuse ,
Financial Institutions ,
Insurance Industry ,
Legal Opinion ,
New Guidance ,
OCC ,
Payment Systems ,
Popular ,
Reporting Requirements ,
Risk Management ,
Third-Party Service Provider ,
Transaction Fees
On December 3, 2019, the Board of Governors of the Federal Reserve System, Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, and National Credit Union...more
12/5/2019
/ Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Data-Sharing ,
Fair Credit Reporting Act (FCRA) ,
Federal Reserve ,
Financial Services Industry ,
FinTech ,
Interagency Guidance ,
NCUA ,
OCC ,
U.S. Treasury ,
Underwriting
OCC and FDIC Propose Interest Rate Fix for Loans Transferred to Non-Banks -
The FDIC and OCC have separately proposed rules that would codify the “valid-when-made” doctrine and clarify that when a bank sells, assigns, or...more
11/26/2019
/ Appraisal ,
Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
EGRRCPA ,
FDIC ,
Federal Reserve ,
Final Rules ,
HVCRE Loans ,
Interest Rates ,
IRS ,
Mortgages ,
OCC ,
Regulation Z ,
SAFE Act ,
Tax Cuts and Jobs Act ,
Truth in Lending Act (TILA) ,
Valid When Made Doctrine
Headlines -
FDIC Adopts Final Rule Establishing Community Bank Leverage Ratio Framework
OCC Issues Compliance Guidance on Registered Appraisal Management Companies
CFPB Announces New Policies to Promote Innovation...more
9/30/2019
/ Banking Sector ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Controlled Substances Act ,
Credit Unions ,
Dodd-Frank ,
FDIC ,
Federal Deposit Insurance Act ,
Financial Institutions ,
Innovation ,
Leverage Ratio ,
Marijuana ,
New Guidance ,
OCC ,
Ombudsman
Federal Reserve Announces Plan for Real-Time Payment and Settlement Service -
The Federal Reserve has announced that the Federal Reserve Banks will develop a new real-time gross settlement service with integrated clearing...more
9/3/2019
/ Appraisal ,
Appraisal Management Companies ,
Banking Sector ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Disparate Impact ,
Electronic Payment Transactions ,
Fair Housing Act (FHA) ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
HUD ,
Interest Rates ,
Mortgage Lenders ,
OCC ,
Payment Systems ,
Proposed Rules ,
Race Discrimination ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
Volcker Rule
On August 4, 2019, the Consumer Financial Protection Bureau (“CFPB”) published a blog summarizing some of the results of simulations and analyses on an alternative data and credit model developed by Upstart Network, Inc....more