All in Regulatory Update

On October 12, 2023, the CFPB and the DOJ issued a joint statement that reminds financial institutions that all credit applicants are protected from discrimination on the basis of their national origin, race, and other characteristics covered by the Equal Credit Opportunity Act, regardless of their immigration status. The joint statement was issued in light of consumers’ reports on being rejected for credit cards as well as for auto, student, personal, and equipment loans because of their immigration status, even when they have strong credit histories and ties to the United States and are otherwise qualified to receive the loans.

On October 11, 2023, the CFPB issued an advisory opinion regarding a provision enacted by Congress which generally prohibits large banks and credit unions from imposing unreasonable obstacles on customers, such as charging excessive fees, for basic information about their own accounts. The advisory opinion clarifies that people are entitled to get the basic information they need without having to pay junk fees.

On October 10, 2023, the CFPB filed a lawsuit in federal court, alleging that Freedom Mortgage Corporation submitted legally-required mortgage loan data that was riddled with errors, violating both the Home Mortgage Disclosure Act (HMDA) and a 2019 consent order. It can be recalled that in August 2023 the CFPB fined Freedom $1.75 million for paying illegal kickbacks for mortgage loan referrals.

On October 3, 2023, FinCEN Director Andrea Gacki spoke at the The Assembly by ACAMS where she enumerated FinCEN’s present priorities in terms of combatting financial crimes. In particular, Gacki discussed the agency’s updates on Beneficial Ownership Information implementation, anti-Corruption initiatives in the residential real estate and investment, efforts to combat fentanyl trafficking, and proposed whistleblower program.

On October 3, 2023, announced that the FedNow Service has experienced strong growth following its launch in July, with 108 institutions now sending and receiving on the network. According to the Federal Reserve’s press release, 21 financial institutions are providing liquidity and settlement services, and 20 service providers are supporting payment processing in the instant payments infrastructure.

On September 29, 2023, the Department of the Treasury published through the Federal Register a Notice of information collection, that the Agency will submit to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (PRA). The request for information is in relation to the BOIR Form. The public is invited to submit comments on this information collection request on or before October 30, 2023.

On September 28, 2023, the OCC released its bank supervision operating plan for fiscal year 2024, which begins on October 1, 2023 and ends on September 30, 2024. The plan provides the foundation for policy initiatives and for supervisory strategies as applied to individual national banks, federal savings associations, federal branches, federal agencies, and technology service providers. The OCC staff will use this plan to guide their supervisory priorities, planning, and resource allocations.

FinCEN recently published a brochure titled An Introduction to Beneficial Ownership Information Reporting as a quick reference to the BOI final rule. The brochure serves as a quick reference on the requirements for who, how, and when to report to FinCEN for beneficial ownership information.