All in Regulation Z

On April 28, 2023, the CFPB issued an interim final rule amending the agency’s 2021 LIBOR transition rule. The interim final rule contains updates to reflect the subsequent enactment of the Adjustable Interest Rate (LIBOR) Act and issuance of an implementing regulation by the Board of Governors of the Federal Reserve Board System. This interim final rule will further facilitate the orderly transition of those consumer loans that currently use the LIBOR index to other indices in anticipation of the planned cessation U.S. Dollar (USD) LIBOR after June 30, 2023.

VIDEO: Required Deposit Disclosure on TIL

In this Compliance Clip (video), Adam talks about the required deposit disclosure requirements found in Regulation Z if the creditor requires the consumer to maintain a deposit as a condition of the specific transaction. In addition, Adam shares a best practice in managing the required deposit disclosure on TIL. A transcript of this video is now available.

VIDEO: Closing a Loan on a Non-Business Day

Our Compliance Clips have returned! You may have noticed that we haven’t published a new Compliance Clip in the last few weeks. Well, that was due to some technical difficulties, Adam losing his voice, and taxes. Okay, maybe not all of those are fully to blame, but our Compliance Clips are back starting with this one. In this Compliance Clip (video), Adam answers a recent question he received regarding closing a loan on a day that is not considered a business day under the general definition of a business day in Regulation Z.

On December 27, 2022, the CFPB announced the annual adjustment to the asset size threshold for certain creditors to qualify for an exemption to the requirement to establish an escrow account for a higher-priced mortgage loan under Regulation Z. These changes reflect updates to the exemption from TILA’s escrow requirement of creditors that, together with affiliates that regularly extended covered transactions secured by first liens, had total assets of less than $2 billion (adjusted annually for inflation) and the exemption the Bureau added, by implementing section 108 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA), for certain insured depository institutions and insured credit unions with assets of $10 billion or less (adjusted annually for inflation).

On December 23, 2022, the CFPB published a final rule to implement the annual adjustment requirements of Regulation Z. Specifically, the CFPB is required to calculate annually the dollar amounts for several provisions in Regulation Z, and the final rule revises, as applicable, the dollar amounts for provisions implementing TILA and amendments to TILA, including under the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act), the Home Ownership and Equity Protection Act of 1994 (HOEPA), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The CFPB is adjusting these amounts, where appropriate, based on the annual percentage change reflected in the Consumer Price Index (CPI) in effect on June 1, 2022.

On December 16, 2022, the CFPB announced by publishing through the Federal Register the availability of an updated consumer publication, “What You Should Know about Home Equity Lines of Credit,” also known as the HELOC booklet, required by the Truth in Lending Act (TILA), as implemented by Regulation Z. According to the CFPB’s notice, the version of the HELOC booklet is updated to align with the Bureau's educational efforts, to be more concise, and to improve readability and usability.

On November 30, 2022, the CFPB filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit to defend the Truth in Lending Act (TILA), which contains important protections for consumers who have both a credit card account and a savings or checking account with the same bank. TILA prohibits banks from unilaterally taking money from consumers’ deposit accounts to cover their credit card debt.