All in Regulatory Update

On March 8, 2024, the CFPB published an article regarding the Appraisal Subcomittee’s’ (ASC) recent hearing on appraisal bias where the committee examined how state and federal regulators can address appraisal bias and increase diversity in the profession. The ASC of the provides federal oversight of state appraisal regulatory programs, and is chaired by CFPB Deputy Director Zixta Martinez.

On March 14, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a settlement with EFG International AG to settle its potential civil liability for apparent violations of multiple sanctions programs administered by OFAC. EFG International AG is a Switzerland-based global private banking group with approximately 40 global subsidiaries, providing a range of financial services, including banking, investment, asset management, and securities brokering, to institutional customers and individuals worldwide.

On March 8, 2024, the CFPB published a blog post highlighting the recent increase in closing costs in residential lending. Therefore, the Bureau is urging consumers to file complaints regarding unresolved mortgage or closing costs or share their experiences with mortgage companies as part of its initiative to analyze how issues like mortgage closing costs affect households and families.

On February 29, 2024, the CFPB issued a circular to law enforcement agencies and regulators explaining how companies operating comparison-shopping tools can break the law when they steer consumers to certain products or lenders because of kickbacks. The CFPB found some comparison-shopping tools manipulate results or use digital dark patterns because of incentive payments from lenders. The circular explains how these practices may violate federal law and highlights examples of illegal arrangements.

On February 27, 2024, the CFPB published an article describing the recent increase in unlawful fees in the mortgage market resulting in increase of mortgage fees and other costs for consumers. It also announced that in recent court case against a mortgage servicer, the CFPB and the FTC jointly issued an Amicus Brief to reiterate that Fair Debt Collection Practices Act (FDCPA) Section 1692f(1) prohibits debt collectors from collecting “any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” 

On February 29, 2024, FinCEN issued a press release to inform U.S. financial institutions that the Financial Action Task Force (FATF), an intergovernmental body that establishes international standards to combat money laundering, counter the financing of terrorism, and combat weapons of mass destruction proliferation financing (AML/CFT/CPF), has issued public statements updating its lists of jurisdictions with strategic AML/CFT/CPF deficiencies following its plenary meeting last month.  U.S. financial institutions should consider the FATF’s stance toward these jurisdictions when reviewing their obligations and risk-based policies, procedures, and practices.