On October 27, 2022, the announced that it will establish an Office of Financial Technology early in the year 2023 to bolster the agency’s expertise and ability to adapt to a rapidly changing banking landscape. The OCC stated that the Office of Financial Technology will build on and incorporate the Office of Innovation, which the OCC established in 2016 to coordinate agency efforts to support responsible financial innovation.

On October 26, 2022, the CFPB issued guidance about two junk fee practices that are likely unfair and unlawful under existing law. The guidance, issued in two separately through a circular and a compliance bulletin, are intended to help banks avoid charging illegal junk fees on deposit accounts. This topic, along with a discussion on the FDIC’s recent guidance for overdraft fees on representment items, will be included in our Fall 2022 Quarterly Compliance Update which will be available in our store within the next few weeks.

On October 21, 2022, the FTC finalized a consent order against Opendoor Labs, Inc. designed to prevent the online real estate business from deceiving consumers about how much money they could save by selling their home to Opendoor, as opposed selling on the open market. The final order requires Opendoor to pay $62 million and to have competent and reliable evidence to support any representations made about the costs, savings, or financial benefits associated with using its service.

In October 2022, the FDIC updated its Risk Management Manual of Examination Policies. The FDIC made changes to Part IV, Section 22.1 Examination Documentation Modules where several sections were revised.

On October 20, 2022, the FTC published an Advance Notice of Proposed Rulemaking (ANPR) that seeks public comment on potential harms stemming from deceptive or unfair review and endorsement practices and whether a rule would help consumers and level the playing field for honest marketers. According to the FTC’s press release, the agency is exploring a potential rule to combat deceptive or unfair review and endorsement practices, such as using fake reviews, suppressing negative reviews, and paying for positive reviews.

On October 20, 2022, the FTC announced that it is exploring a rule to crack down on junk fees and the unfair or deceptive tactics companies use to impose them. Junk fees are unnecessary, unavoidable, or surprise charges that inflate costs while adding little to no value. According to the FTC, companies often harvest junk fees by imposing them on captive consumers or by deploying digital dark patterns and other tricks to hide or mask them.