All in Regulatory Update

On November 30, 2022, the FDIC updated sections of the Consumer Compliance Examination Manual. The Consumer Compliance Examination Manual is a primary resource and reference tool for FDIC compliance examination staff when conducting Consumer Compliance and CRA examinations. It incorporates examination policies, procedures, and guidance and is available on the FDIC website as a resource for FDIC staff, bankers, and other members of the public.

On November 30, 2022, the FTC temporarily shut down a credit card debt relief scheme operated by Sean Austin, John Steven Huffman, and John Preston Thompson and their affiliated companies that allegedly took millions from people by falsely promising to eliminate or substantially reduce their credit card debt. According to the FTC, the scheme often targeted older Americans and financially distressed consumers.

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.

On November 30, 2022, the FATF released its first ever report on money laundering from fentanyl and synthetic opioids with recommendations for countering financial flows from the illicit drug trade, which claims thousands of lives around the world. The report, which was co-led by the United States and Canada, looks at the way proceeds are laundered from synthetic opioids trafficking.

On November 28, 2022, the FTC and state attorneys general announced lawsuits against Google LLC and iHeartMedia, Inc. for airing nearly 29,000 deceptive endorsements by radio personalities promoting their use of and experience with Google’s Pixel 4 phone in 2019 and 2020. The FTC’s administrative complaint alleges that the two companies’ misrepresentations violated the FTC Act.

On November 18, 2022, the CFPB published an article about how using CFPB complaint data can help cities and counties protect the public from unfair, deceptive, or abusive acts or practices. The Bureau has recently created the CFPB’s Government Portal where local, state, and federal government agencies can have access to more granular information about consumers’ complaints and companies’ responses through a secure interface.

On November 17, 2022, the CFPB took action against Carrington Mortgage Services for deceptive acts or practices under the Consumer Financial Protection Act in connection with mortgage forbearances. According to the CFPB, Carrington failed to implement many protections, provided to borrowers with federally backed mortgage loans who were experiencing financial hardship, during the COVID-19 public health emergency.

On November 16, 2022, the CFPB released a new Supervisory Highlights report on legal violations identified during the CFPB’s supervisory examinations in the first half of 2022. The report details key findings across consumer financial products and services, including how consumer reporting companies and data furnishers continued to violate the Fair Credit Reporting Act (FCRA) by failing to promptly address and update incorrect information on credit reports. The CFPB’s 28th edition of Supervisory Highlights also underscores instances where mortgage servicers charged impermissible fees when homeowners went to make their mortgage payments.

On November 15, 2022, the CFPB issued two reports on the tenant background check industry, describing how errors in these background checks contribute to higher costs and barriers to quality rental housing. The CFPB’s analysis of more than 24,000 complaints highlighted the renter challenges associated with the industry’s failures to remove wrong, old, or misleading information and to provide adequate investigations of disputed information.