CFPB Monitor

MAY 22, 2020

The Federal Reserve, OCC, FDIC, and NCUA have issued “ Interagency Lending Principles for Offering Responsible Small-Dollar Loans.” We found the OCC’s reference to “[l]oan pricing that complies with applicable state laws” to be confused (or likely to cause confusion). Federal law (12 U.S.C.

FDIC 78

FDIC Policies Lending Guidelines 78

CFPB Monitor

JUNE 12, 2020

Section 27, which applies to state banks, is patterned after Section 85 of the National Bank Act, which applies to national banks. In Madden , the Second Circuit ruled that a purchaser of charged-off debts from a national bank was not entitled to the benefits of the preemption of state usury laws under Section 85.

Colorado 78

Colorado FDIC Analysis National 78

Abrigo

APRIL 23, 2015

OCC guidance on Community Bank Supervision states all national banks must receive a full-scope, on-site exam at least annually. A similar bill, commonly referred to as the Small Bank Exam Cycle Reform Act of 2015 , was introduced by Rep. The bill, spearheaded by Senator Joe Donnelly, D-Ind., and Senator Pat Toomey, R-PA.,

Community Bank 150

Community Bank Community Survey FDIC 150

CFPB Monitor

JULY 22, 2020

Less than two months after issuing its final “ Madden fix” rule , the OCC has now issued a proposed rule to address when a national bank or federal savings association should be considered the “true lender” in the context of a third party relationship. Presumably, we will soon see a proposed “true lender” rule from the FDIC.

National 78

National Lending Exercises FDIC 78

Gonzobanker

FEBRUARY 1, 2024

The FDIC Approved This Ad How many times did we hear a speaker admonish the audience to “be sure and sign up for the FDIC notification list.” Since banks with less than $10 billion in assets continue to struggle in deposit gathering, scale and overall earnings, we wonder how many will not be here in five years? Five Hundred? (Oh

Conference 88

Conference FDIC Arizona Industry 88

PYMNTS

FEBRUARY 15, 2019

Those agencies include the aforementioned FinCEN, the Federal Reserve , the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA) and the Office of the Comptroller of the Currency (OCC). The unit ultimately wrote off $685 million.

Compliance 122

Compliance Fraud United States FDIC 122

CFPB Monitor

SEPTEMBER 9, 2020

Ballard Spahr LLP has submitted a comment letter to the OCC in support of its proposed rule , “National Banks and Federal Savings Associations as Lenders” (the “Proposed Rule”). Three virtually identical Federal Interest Statutes govern interest that may be charged by Banks: Section 85 of the National Bank Act (“NBA”), 12 U.S.C. §

FDIC 78

FDIC National South Dakota Lending 78

CFPB Monitor

MARCH 15, 2022

The complaint references the California Attorney General’s failed attempt to invalidate the FDIC’s Madden -fix rule which is codified at 12 C.F.R. The Bank, in addition to retaining ownership of Program Loans, retains title to Program Loans and a beneficial interest in a portion of the principal and interest on Program Loans.

California 78

California Innovation Utah West Virginia 78

CFPB Monitor

NOVEMBER 29, 2021

Importantly, a national bank or federal savings association wishing to engage in any of the activities described above must notify in writing its supervisory regulator, and should not engage in such activities until it receives written notification of the supervisor’s “non-objection.” banking organizations. OCC Interpretive Clarification.

Compliance 78

Compliance cryptocurrency Regulation FDIC 78

PYMNTS

JANUARY 9, 2018

Community banks are much better positioned to provide personalized service to small business customers; large national banks simply aren’t equipped or motivated to do so.”. The FDIC’s Advisory Committee on Community Banking offered a platform through which community bankers could highlight these challenges.

Community Bank 131

Community Bank Community Fintech Lending 131

CFPB Monitor

MAY 6, 2019

In doing so, the court found that the term “business of banking” as used in the National Bank Act (NBA) “unambiguously requires receiving deposits as an aspect of the business.”. National Resources Defense Council, Inc. We think it clear that the statutory reference to the “business of banking” is not “plain and unambiguous.”

Fintech 68

Fintech New York National Regulation 68

CFPB Monitor

NOVEMBER 24, 2020

The proposal’s background discussion references “Operation Choke Point, ” a federal initiative launched in 2012 involving the FDIC and other federal agencies. The OCC has issued a proposed rule that would establish standards that a bank must follow in fulfilling its obligation to provide fair access to financial services.

Operations 78

Operations Industry Analysis Policies 78

Independent Banker

APRIL 30, 2022

Brazos National Bank. Douglas National Bank. FSNB, National Association. Pioneer Trust Bank, National Association. AMG National Trust Bank. HNB National Bank. We get a lot of customers referring new business to us, which is the ultimate stamp of approval in my opinion.”. BNC National Bank.

Community Bank 172

Community Bank Community Montana Taxes 172

CFPB Monitor

APRIL 22, 2021

The agencies are the Comptroller of the Currency, Farm Credit Administration, FDIC, Federal Reserve Board, and National Credit Union Administration (Agencies). Recently, federal agencies proposed revisions to the Interagency Questions and Answers Regarding Flood Insurance.

Policies 60

Policies Compliance Meeting Regulation 60

Abrigo

JUNE 4, 2019

The Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), the Board of Governors of the Federal Reserve System (FRB), and the Office of the Comptroller of the Currency (OCC) have put out a joint statement addressing many frequently asked questions about the new standard.

Policies 186

Policies Capital Report FDIC 186

CFPB Monitor

JUNE 15, 2020

The OCC acted alone in issuing the final CRA rule without waiting to achieve consensus with the FDIC, the agency with which the OCC had jointly issued the proposed rule. Our next blog post will address differences among the OCC’s final rule, the FDIC’s proposed rule, and the Federal Reserve’s existing regulations.

Community 60

Community FDIC Lending Examples 60

PYMNTS

SEPTEMBER 25, 2017

In truth, SoFi’s odds were probably never incredibly strong – the FDIC has turned down this type of application multiple times in the past. “So, The FDIC won’t act in a vacuum,” an unnamed source told Reuters. “This departure of Mike makes that a very questionable attainment,” said Arthur Levitt, Jr.,

FDIC 108

FDIC Data Policies Report 108

CFPB Monitor

JULY 1, 2020

The agencies are the Comptroller of the Currency, Farm Credit Administration, FDIC, Federal Reserve Board, and National Credit Union Administration. Wet funding” and “dry funding,” which varies by state, refer to when a mortgage is considered officially closed. Mandatory Civil Money Penalties.

Policies 60

Policies Security FDIC National 60

Insights on Business

MARCH 5, 2019

On December 3, 2018, five US government agencies, including the Federal Reserve, FDIC, FinCEN, National Credit Union Administration and OCC, issued the Joint Statement on Innovative Efforts to Combat Money Laundering and Terrorist Financing encouraging banks to implement innovative approaches and specifically referencing artificial intelligence.

Regulation 70

Regulation Compliance Analysis Innovation 70

CFPB Monitor

NOVEMBER 22, 2022

The Federal Reserve, FDIC, and OCC should finalize the interagency guidance for banks on managing risks associated with third-party relationships that was proposed in July 2021. This would serve the goal of establishing a clear and consistently applied supervisory framework for third-party relationships, including bank/fintech relationships.

Fintech 78

Fintech Report Data Lending 78

CFPB Monitor

NOVEMBER 19, 2018

Thirteen Republican Senators have sent a letter to FDIC Chairman Jelena McWilliams urging the FDIC to take action to ensure that lawful businesses are no longer at risk of adverse financial consequences as a result of “Operation Choke Point, and its associated culture and Choke Point-like regulatory actions.”.

FDIC 68

FDIC Operations Policies Regulation 68

CFPB Monitor

MAY 7, 2020

In 2019, the Bureau referred three ECOA matters to the DOJ, with such matters involving (1) a pattern or practice of redlining in mortgage origination based on race, (2) discrimination based on public assistance in mortgage origination, and (3) discrimination based on race and national origin in auto origination.

Lending 78

Lending Report FDIC Policies 78

CFPB Monitor

JUNE 15, 2021

First, there is no longer any reference to possible rulemaking to define the meaning of “abusive” under Dodd-Frank. Second, there is no longer any reference to possible rulemaking on payday loan disclosures. In April 2021, the Bureau issued an NRPM to amend Regulation X in various ways to address the COVID-19 national emergency.

Regulation 78

Regulation FDIC Lending Data 78

Fintech Labs Insights

APRIL 17, 2017

Investor funds are held in an Investors Trust Account with City National Bank and in the event of default, the funds are FDIC insured up to $250,000. Crowd Street hosts a marketplace that matches accredited commercial real estate investors with borrowers, which the company refers to as sponsors. The minimum investment is $1,000.

Technology 19

Technology Montana Company Management 19

CFPB Monitor

SEPTEMBER 24, 2019

In Madden , the Second Circuit ruled that a purchaser of charged-off debts from a national bank was not entitled to the benefits of the preemption of state usury laws under Section 85 of the National Bank Act (NBA).

Colorado 60

Colorado National Policies Lending 60

CFPB Monitor

MAY 16, 2019

1606) (TILA) to establish a “national consumer credit usury rate” that would limit the APR “applicable to any extension of credit” to the lesser of “15 percent on unpaid balances, inclusive of all finance charges” or “the maximum rate permitted by the laws of the State in which the consumer resides” (Sanders Bill). First of Omaha Corp.,

Pennsylvania 87

Pennsylvania Lending Omaha National 87

CB Insights

DECEMBER 4, 2019

In reference to failed payments projects, Gauthier said: “What people never realize or truly understand about Amazon is that part of the recipe for success is daring to try things you have no idea whether will succeed or not, and if you think that you have a notion of how to succeed … you try again.”. US households, composed of 14.1M

Cards 101

Cards Lending Strategy US 101

CFPB Monitor

OCTOBER 13, 2020

We recently published a blog about the OCC’s proposed rule “National Banks and Federal Savings Associations as Lenders” (the “Proposed Rule”), which would clarify that a bank (or savings association) is properly regarded as the “true lender” when, as of the date of origination, it is named as the lender in a loan agreement or funds the loan.

Lending 60

Lending Colorado FDIC National 60

PYMNTS

OCTOBER 11, 2017

“Too many Americans end up sinking deep into a quicksand of debt when they take out expensive high-cost loans,” said Suzanne Martindale, senior attorney for Consumers Union, who praised the rules’ attempts to get consumers off what she referred to as “the debt treadmill.”. . Banks need clear guidelines from a host of players.

Lending 109

Lending Regulation Guidelines FDIC 109