A few of our members have been asking, so we wanted to share with you that we will be releasing a program in late July on the new Interagency Flood FAQs. We will cover this topic (at least in part) in our upcoming Summer 2022 Quarterly Compliance Update. If you would like more information on this program, or to get on a wait list for this program, contact us at members@compliancecohort.com.

VIDEO: Analyzing HMDA Data for Fair Lending

In this Compliance Clip (video), Adam discusses how the regulators are analyzing HMDA data for fair lending and explains why financial institutions should be analyzing their own data as well - even if they aren’t a HMDA reporter. This is a topic that was covered in our upcoming Fair Lending Hot Topics program.

On June 22, 2022, the CFPB announced that it is taking the first step toward addressing credit card company penalty policies costing consumers $12 billion each year, starting by looking at excessive late fees. The CFPB has published an Advance Notice of Proposed Rulemaking published where it asks for information on the Federal Reserve Board of Governors’ 2010 immunity provision for excessive late fees that allows credit card companies to escape enforcement scrutiny.

On June 22, 2022, FinCEN issued a statement to provide clarity to banks on how to apply a risk-based approach to conducting customer due diligence (CDD) on independent Automated Teller Machine (ATM) owners or operators, consistent with the requirements set out in FinCEN’s 2016 CDD Rule. Some independent ATM owners and operators have reported difficulty in obtaining and maintaining access to banking services, which jeopardizes the important financial services they provide, including to persons in underserved markets.

On June 16, 2022, the CFPB released an article focusing on the agency’s efforts to collect key metrics from some supervised institutions regarding the consumer impact of their overdraft and non-sufficient fund (NSF) practices. In early December of 2021, we wrote an article about the CFPB’s research on banks’ dependence on overdraft fees. Since then, the Bureau has been actively conducting close supervision to financial institutions with high shares of frequent overdrafters or with higher average fee burden for overdrafts.

Video: TRID Total of Payments Disclosure

In this Compliance Clip (video), Adam goes into a little bit of a deep dive to explain the Total of Payments disclosure on the Closing Disclosure. This a TRID and lending topic, which is especially helpful for lenders or somebody who's responsible for the loan department. A transcript of this video is now available.

On June 15, 2022, FinCEN issued an advisory to alert financial institutions to the rising trend of elder financial exploitation (EFE). EFE involves the illegal or improper use of an older adult’s funds, property, or assets, and is often perpetrated either through theft or scams. The advisory highlights new EFE typologies and red flags since FinCEN issued its first advisory on the issue in 2011.

On June 14, 2022, the CFPB Director Rohit Chopra announced, at a public town hall, Request for Information on how bank customers can assert their rights to better customer service with big banks. The Request for Information seeks data about, and consumer experiences with, the obstacles that may prevent people from receiving high standards of customer service and high-quality human interactions with their banks or credit unions.