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BCG Monthly Newsletter Archive

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BCG Monthly Newsletter Archive 2022

 

Newsletter Highlights

 

January 2022
  • CFPB Issues Reg Z LIBOR Transition Final Rule
  • CFPB Increases Regulation Z Asset Threshold
  • CFPB & DOJ Issue Joint Letter Addressing Mortgage Servicing for Military Borrowers
  • CFPB Issues Fall 2021 Supervisory Highlights
  • CFPB Publishes Rulemaking Agenda
  • Agency Rule List
  • Long-Term Actions List
  • An Update on Juarez v. SoFi
  • Expired SFHD Form May Still be Used
  • DFPI Enters Settlement with Auto Title Lender for Alleged Rate Cap Violations
  • Debt Collection Licensing Regulations
  • Scope of Debt Collection Licensing Act
  • FinCEN Issues First Proposed Rule for Beneficial Ownership Reporting under the CTA
  • FinCEN Issues ANPR for AML Regulations for Real Estate Transactions
  • Section 2.3.1 – Regulation E Error Resolution for Misdirected Payments
  • Notice 2022-1 IRS Instructions for Discharged Student Loans
  • TD Bank Fined $105K for North Korea Sanctions Violations
  • FDIC’s Office of Supervisory Appeals (OSA) Replaced SARC Last Month
  • Community Bank Leverage Ratio (CBLR) Reverted to Nine Percent on January 1
  • OCC Announces Updated OREO Booklet
  • FRB Extends Temporary Reg O Exception for PPP Loans Until Next Year
  • SEC Proposes Rules to Prevent Fraud with Security-Based Swaps
  • Securities and Exchange Commission (SEC) Issues Insider Trading Proposal
  • OCC Seeks Feedback on Draft Principles to Identify and Manage Climate-Related Financial Risks
  • IRS Publishes Guidance on the Tax Implications Due to the Transition from LIBOR
  • It’s Official. The OCC’s Rogue CRA Final Rule is Rescinded and Replaced
  • Bureau Increases HMDA Exemption Asset-size Threshold
 
 

 

 

February 2022
  • CFPB’s Recent Actions May Shed Light on New Director’s Priorities
  • FTC Issues Advisory Opinion (AO) on Holder Rule Attorneys’ Fees and Costs; California Supreme Court to Resolve Appellate Court Split
  • CFPB Settles Federal Lawsuit Over its Taskforce on Federal Consumer Financial Law
  • CFPB, DOD, and DOJ Publish Brief on MLA’s Auto Loan Exemption
  • An Update on Juarez v. SoFi.
  • California Mortgage Relief Program Now Open
  • CFPB’s Civil Money Penalty (CMP) Inflation Adjustments for 2022
  • FDIC Amends Deposit Insurance Regulations for Trust and Mortgage Servicing Accounts
  • Overdraft and NSF Fees: Recent Developments
  • FDIC’s Office of Inspector General (OIG) Criticizes Agency’s Sharing of Threat Information
  • 14 Day Extension to Comment on FinCEN’s ANPR for AMLRegulations for Real Estate Transactions
  • CSBS Withdraws Challenge to OCC’s Pending FinTech Charter
  • SEC Reopens Comment Period for 2015 Proposed Rule; Pay versus Performance
  • New SBA Procedural Notice on SBA’s Review of Partially Forgiven PPP Loans
  • NCUA Announces Its 2022 Supervisory Priorities
  • NCUA Proposes Rule Requiring FCUs to Have Succession Plans
 
 

 

 

March 2022
  • NFIP Extension News
  • Yes, the CFPB Still Doesn’t Like Short-Reset ARMs
  • CFPB Outlines AVM Regulation Alternatives
  • CFPB Issues Status Report to the Court in Section 1071 Action
  • CFPB Zeroes in on Auto Lending Market
  • Agencies Release an Interagency Statement on Special Purpose Credit Programs
  • Recent Case Clarifies CARES Act’s Requirement to Report Deferred Loansas “Current”
  • FDIC Advises of 2022 Supervisory Priorities
  • CFPB Launches Website for the Public to Petition Agency
  • FTC Provides Annual ECOA Letter to CFPB
  • Looking Ahead to the CPRA’s Effective Date‒Will You Be Ready?
  • CFPB Publishes Chart Comparing Institutions’ Overdraft Fees and Policies
  • Federal District Court Upholds Both Valid-When-Made Rules
  • OCC Issues Revised Corporate Comptroller’s Licensing Manual Booklets
  • FASB Decides Not to Delay CECL Effective Date
  • Los Angeles Superior Court to Receive Verdict Forms in Board Diversity Case
  • NCUA Extends the Reinstated 2020 COVID-19 Interim Final Rule Until Next Year
  • OCC Answers FAQs About its Final Rule Rescinding its Rogue 2020 CRA Final Rule
  • California May Enact its Own Community Reinvestment Act (CRA)
  • Acting OCC Comptroller Announces the Banking Regulators to Release a Joint CRA Proposed Rule
 
 

 

 

April 2022
  • March’s Omnibus Legislation Includes Laws Affecting Banks and Credit Unions
  • Flood Zone Developments
  • NFIP Extended through September 30, 2022
  • FinTech Company Challenges DFPI’s Usury Law Interpretation
  • CFPB Warns of Additional Servicing Safeguards Through HAF
  • PAVE Task Force and CFPB Director’s Comments
  • U.S. DOJ and NCUA-insured Credit Union Reach Settlement on SCRA Violations
  • Unfair Discrimination Can Be a UDAAP Liability to an Institution
  • FDIC’s Consumer Compliance Supervisory Highlights for 2021
  • CFPB Issues Guidance Policy on Consumers Reviews
  • Division Q of H.R. 2471 — Consumer Protection
  • Pattern or Practice for Flood Insurance CMPs
  • Cyber Incident Reporting for Critical Infrastructure Act of 2022
  • OCC Issues Rule on Procedures for Suspicious Activity Reporting Exemptions
  • Interagency Computer-Security Incident Notification Requirements Must Be in Operation by May 1
  • Years After the U.S. Supreme Court Refused to Hear Domino’s Appeal, the DOJ Issues ADA Website Guidance
  • California Governor Issues Executive Order Rolling Back COVID-19 EOs
  • Holder Remit Report Funds May Require Payment by EFT
  • California Grants More Emergency Powers to Corporations that were Effective March 25 and Expire June 30
  • The Adjustable Interest Rate (LIBOR) Act Is Law
  • FDIC Rescinds COVID-19 Statement on Part 363 Annual Reports
  • OCC Issues New Version of CRE Lending Booklet of the Comptroller’s Handbook
  • NCUA’s CAMELS Final Rule Effective April 1; Details and FAQs Issued
  • Division T — Credit Union Governance Modernization Act of 2022
  • Significant Amendments Adopted Under SB 1176
  • FFIEC Releases HMDA Guide
 
 

 

 

May 2022
  • CFPB Publishes Spring 2022 Supervisory Highlights
  • CFPB Invokes Dormant Authority to Examine Nonbank Companies
  • CFPB Quietly Rolls Out Revised Adjudication Rules
  • FDIC Updates its Consumer Compliance Examination Manual
  • CFPB Releases Spanish Translations of Regulation B and Regulation E Forms
  • FHFA Announces Language Question Requirement on Supplemental Information Form
  • CFPB Issues Proposed Rule to Protect Trafficking Victims from Additional Financial Hardship
  • DFPI Files Cross Complaint in Fintech Dispute
  • CFPB Focuses on Financial Challenges Facing Rural Communities
  • COVID-19 Affected Tenant Eviction Protections Extended through June 30, 2022
  • Reminder — Holden Act Residential Mortgage Loan Reports Due June 13, 2022
  • Recent Developments in Overdraft Services
  • California Attorney General Issues Opinion Interpreting Scope of CCPA’s Request to Know Obligations
  • FDIC Requests Notice if an Institution is Engaging in Crypto-related Activities
  • Same-day Per-payment ACH Limit Increased to $1 Million
  • Small Estates Dollar Limit Increased Effective April 1, 2022
  • Utah and Connecticut Join the Privacy Fray
  • Bank President Knowingly Violates Regulation CC; OCC Assesses Civil Money Penalty
  • Good News for CECL Adopters
  • Federal Regulators Propose to Update their Rules of Practice and Procedure
  • SBA Provides Clarification on Maturing PPP Loans
  • Joint CRA Proposed Rule Issued
 
 

 

 

June 2022
  • Agencies Publish Final Flood Insurance Q&As
  • Adverse Action Notices Still Required When Using AI to Make Credit Decisions
  • Proposed Settlement of Juarez v. SoFi
  • CFPB Announces that Hundreds of Thousands of Borrowers are Still Behind on Mortgage Loans
  • House Financial Services Committee Calls on CFPB to Rescind Measures
  • CFPB Supervisory Highlights: Consumer Reporting
  • CFPB Supervisory Highlights: Auto Servicing Violations
  • CFPB Supervisory Highlights: Credit Card Account Management
  • CFPB Publishes Additional Spanish Translations
  • CFPB’s 2021 Fair Lending Activities
  • CFPB Issues Circulars Program to Increase Transparency and Align Enforcement
  • DFPI Seeks Comment on Crypto Asset-Related Products and Services
  • Comment Period for DFPI’s Proposed CCFPL Complaint Rule Closes July 5, 2022
  • California Privacy Protection Agency: CPRA Rulemaking Update
  • Federal Reserve Issues FedNow Final Rule
  • Wells Fargo to Pay SEC $7 Million for Failing to File at Least 34 SARs
  • FinCEN Considers Proposed Rulemaking for No-Action Letter Process
  • FDIC Compliance Guide for New Deposit Insurance Regulations Affecting Trust Accounts and Mortgage Servicing Accounts
  • FDIC Approves Final Rule to Protect Depositors from Misrepresentation
  • Industry Groups Unveil Best Practices Guide for Anti-Money Laundering
  • Increase in Amount of SB 616 Levy Exemption for Natural Persons
  • California State Courts Declare that Both Board Diversity Statutes Violate the Equal Protection Clause of the State Constitution
  • Fed to Release Second Tool to Help Community Banks Implement CECL
  • FDIC Reinstates the SARC After only Five Months under the OSA
 
 

 

 

July 2022
  • Eleventh Circuit Holds TILA-Required Mortgage Statements May Constitute FDCPA Debt Collection Communications
  • FFIEC Announces Release of 2021 HMDA Data
  • CFPB to Simplify Approach to Regulations and Increase Guidance
  • CFPB Seeks Information on Credit Card Late Fees
  • FDIC Updates Consumer Compliance Examination Manual
  • FinCEN Issues Statement Regarding Due Diligence Requirements for Independent ATM Owners or Operators
  • State Controller’s Office Launches New Website for Unclaimed Property
  • CFPB Requests Overdraft Data from 20 Institutions
  • Host State Loan-to-Deposit Ratios Updated
  • FRB Announces Date For New Fedwire Funds Service Message Format
  • ARRC Releases Recommendations for Contracts Linked to the USD LIBOR ICE Swap Rate
  • DFPI Proposes Commercial Lending UDAAP & Data Collection/Reporting Rules
  • DFPI Finalizes Commercial Financing Disclosure Regulations
  • FDIC Issues Notice of Proposed Rulemaking on Deposit Insurance Assessments, Amended Deposit Insurance Fund Restoration Plan
  • List of Distressed or Underserved Non-MSA Middle-Income Geographies Updated
 
 

 

 

August 2022
  • CFPB Fines U.S. Bank $37.5 Million for Sham Accounts
  • SB 1415 Would Require State Banks and Credit Unions to Report Fees to DFPI
  • FDIC Updates Information on Brokered Deposits
  • Agencies Issue Joint Statement on Customer Relation Risk Management
  • NCUA Board Issues Proposed Rule on Cyber Incident Reporting Requirements
  • Proposed Federal Privacy Legislation May Preempt the CCPA
  • Unclaimed Property Q&As
  • CFPB Releases Spring 2022 Rule List
  • CFPB, DOJ Issue Joint Letter to Auto Finance Companies on SCRA Obligations
  • CFPB Updates Debt Collection Rule FAQs
  • DOJ, CFPB, and Home Lender Reach Redlining Settlement
  • Section 1071 Final Rule Expected March 2023
  • CFPB Issues Advisory Opinion on Consumer Reports
  • NCUA Increases Asset Threshold for Determining Appropriate Supervisory Office
  • FDIC Supervisory Insights Addresses CRE Concentration Risk
  • Agencies Issue Proposed Policy Statement on Commercial Real Estate Loans
  • Federal Reserve Publishes Proposed Rule to Implement the Adjustable Interest (LIBOR) Act
 
 

 

 

September 2022
  • California Legislature Fails to Extend CCPA’s Exemption for Business and Employee Data
  • California Attorney General Settles First CCPA Enforcement Action
  • FDIC Publishes Supervisory Guidance on Multiple Re-Presentment NSF Fees
  • CFPB Issues Circular to Highlight Importance of Adequate Information Security Measures
  • California Proposed Bill Requiring Companies to Disclose Gas Emissions Fails to Pass
  • ABA Publishes Comment Letter on FRB’s LIBOR Proposal
  • FTC Issues NPR for Motor Vehicle Dealers Trade Regulation Rule
  • CFPB Issues Interpretive Rule for Digital Marketers
  • CFPB Releases New Quarterly Graphs Tool
 
 

 

 

October 2022
  • NFIP Extended through December 16, 2022
  • FDIC Updates Equal Housing Lender Poster’s Text
  • CFPB Issues Request for Information on Mortgage Servicing Rules
  • CFPB Weighs in on FCRA Dispute Issues
  • Eleventh Circuit Strikes Down Hunstein, the “Bad Penny” Debt Collection Case
  • CFPB Hits Regions Bank with Severe Penalties for “Surprise” Overdraft Fees
  • ABA Sues CFPB Over Updated UDAAP Manual
  • CFPB Issues Consent Order Against Choice Money Transfer
  • New Beneficial Ownership Rule Under the CTA
  • FRB Seeks Comment on 2009 CRE Policy Statement
  • FRB Seeks Public Comment on CRE Loans
  • Rep. Waters Introduces Expansive CRA Bill
  • HMDA Data Collection Partially Vacated
  • NCUA Proposes Member Expulsion Rule
  • NCUA Introduces Updates to Diversity Self-Assessment
 
 

 

 

 

November 2022
  • CFPB Funding Found Unconstitutional
  • In Between the Lines, CFPB Expects an ROV Disclosure
  • HUD IssuesLIBOR Transition Rule (and LIBOR Update)
  • Agencies’ 2023 Thresholds for Certain Consumer Lending Rules
  • SB 1415 Requires Institutions to Report Annual Revenues of Overdraft & NSF Fees to the DFPI
  • CFPB Releases Outline of Proposals to Strengthen Consumer Data Rights
  • California “Middle Class Tax Refunds” Not Subject to Garnishment!
  • CFPB Circular to Help Banks Avoid Charging Junk Fees
  • California Appellate Court Holds Commercial Loan Late-payment Provision is Unlawful Liquidated Damages Penalty
  • ARRC Releases LIBOR Loan Remediation Survey Results
  • SBA Guidance on Time Period to Request the SBA to Purchase a Guaranty on a PPP Loan
  • SEC Adopts New Requirements on Executive Compensation
  • FDIC Issues Final Rule to Increase Deposit Insurance Assessments
  • FSB Encourages Increased Climate-related Data
  • NCUA Updates its Automated Cybersecurity Evaluation Toolbox
  • NCUA Board Approves Risk Appetite Statement
 
 

 

 

December 2022
  • CFPB Asks Supreme Court to Hold Agency’s Funding As Constitutional
  • CFPB Issues Q&A Circular on FCRA Dispute Investigation Requirements
  • CFPB Issues Fall 2022 Supervisory Highlights
  • CFPB Makes Corrections to Regulation F
  • FHFA Increases Loan Limits for 2023; Impacts HPML Definition
  • Are HELOCs that are Accessible by Credit Cards “Credit Card Plans” Under Reg Z?
  • New California Law on Transporting Cannabis Interstate Across State Lines
  • ABA Clarifies Biden Tweets on ‘Junk Fees’
  • FAQs on DFPI’s OD and NSF Fee Reporting
  • FinCEN’s FAQ on CTRs and “Aggregate Transactions” Box 24e
  • Second Circuit Considering Loan Syndications Under Securities Laws
  • SEC Publishes Final Rule Requiring “Clawback” of Certain Executive Compensation
  • AB 1780: Virtual Shareholder and Member Meetings Expanded Into 2025
  • OCC Releases Revised Civil Money Penalties
  • CFPB May Issue Guidance on Invalidated 100 Closed-end Mortgage Loan Threshold
 
 
 
 
 
 
* Janet Bonnefin is retired from the practice of law with the firm.
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