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In Cross River Consent Order, FDIC Focuses on Marketplace Lending and Third Party Lending Issues

The Federal Deposit Insurance Corporation (“FDIC”) recently entered into a consent order with Cross River Bank (“CRB”) addressing what the FDIC considered to be unsafe and unsound banking practices associated with CRB’s fair...more

5/17/2023  /  Banking Sector , Banks , Fair Lending , FDIC

Regulators Offer Candid Assessment of the Root Causes for SVB and Signature Failures

A toxic combination of poor risk management and poor regulatory supervision proved fatal for Silicon Valley Bank (“SVB”) and Signature Bank (“Signature”), according to a series of reports released on April 28, 2023 by federal...more

Federal Reserve Board Announces Bank Term Funding Program to Help Safeguard Deposits

On Sunday, March 12, 2023, the Federal Reserve Board (“FRB”) announced the creation of the Bank Term Funding Program (“BTFP”). The program will offer loans of up to one year in length to banks, savings associations, credit...more

Silicon Valley Bank and the Impact of FDIC Bank Receiverships

On March 10, 2023, the California Department of Financial Protection and Innovation announced that it had closed down Silicon Valley Bank (“SVB”), a financial institution known for its services to start-ups and the venture...more

Federal Reserve Announces Creation of New $600 Billion Main Street Lending Program to Facilitate Lending to Small and Medium-Sized...

The Federal Reserve Board (Fed) released this morning the first details of its new Main Street Lending Program, which was authorized in the CARES Act. This was one of nine lending programs simultaneously announced by the Fed,...more

SEC Provides Relief from Due Dates for Certain Securities Filings

On March 25, 2020, the SEC issued an order replacing its March 4, 2020 order granting exemptions for certain provisions of the Securities Exchange Act of 1934 (“Exchange Act”) in response to challenges posed by the...more

CARES Act - Important CARES Act Provisions for Financial Institutions

The CARES Act includes actions specifically designed to provide various levels of temporary regulatory relief to financial institutions and to support the financial services industry as a whole. ...more

Electronic Signatures and Electronic Delivery of Documents as a Social Distancing Business Continuity Strategy

Although U.S. law has broadly enabled the use of electronic signatures since 2000, many companies have not fully adopted the use of electronic signatures across their operations. That resistance to the use of electronic...more

OCC Proposes Regulations That Would Allow Certain Federal Savings Associations to Operate with the Powers of a National Bank

The Office of the Comptroller of the Currency (OCC) has proposed a rule that would implement section 206 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act), which requires the OCC to issue...more

Key Provisions of the Recently Enacted Consumer Protection Legislation

Changes Impact Credit Reporting, Veteran Lending, and Private Student Lending, Among Other Areas - On May 24, 2018, President Trump signed the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) into...more

Regulatory Relief Legislation Eases Regulatory Burdens

On May 24, 2018, President Trump signed the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) into law, taking the first step in paring back some of the post-crisis banking regulations imposed under...more

CFPB Finalizes Amendment to TRID Mortgage Disclosure Rule

Amendment Addresses the “Black Hole” Issue - On April 26, 2018, the Consumer Financial Protection Bureau (CFPB or Bureau) finalized an amendment to its TILA-RESPA Integrated Disclosure (TRID) Rule that addresses when...more

CFPB Finalizes Further Changes to Mortgage Servicing Rules

On March 8, 2018, the Consumer Financial Protection Bureau (CFPB or Bureau) finalized certain changes to its mortgage servicing rules. The Bureau issued a final rule1 to provide mortgage servicers with more flexibility and...more

CFPB Finalizes Changes to Prepaid Accounts Rule

On January 25, 2017, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) finalized amendments to its Prepaid Accounts Rule. The Bureau has amended Regulation E, which implements the Electronic Fund Transfer Act, and...more

Congress Votes to Overturn the Consumer Financial Protection Bureau’s Arbitration Agreements Final Rule

As previously reported, the Consumer Financial Protection Bureau (CFPB or Bureau) recently issued a final rule governing agreements that provide for the arbitration of any future disputes between consumers and providers of...more

3 Key Takeaways: Fintech & Banking 2017: Further Exploration of Bank Charters for Fintech Companies

During recent months, Kilpatrick Townsend Partner Christina Gattuso and Counsel Eamonn Moran have provided regular updates regarding the Office of the Comptroller of the Currency’s (OCC) decision to move forward with...more

Key Takeaways From the CFPB’s Final Rule On Payday, Vehicle Title, and Certain High-Cost Installment Loans

On October 5, the Consumer Financial Protection Bureau (CFPB or Bureau) released its long-anticipated final rule on small dollar lending, which covers payday, vehicle title, and certain high-cost installment loans. The final...more

CFPB Announces Changes to Mortgage Servicing Rules

On October 4, the Consumer Financial Protection Bureau (CFPB or Bureau) announced changes to its mortgage servicing rules. The Bureau issued an interim final rule and a proposed rule to provide mortgage servicers more...more

5 Key Developments: Fintech & Banking 2017: Further Exploration of Bank Charters for Fintech Companies

In May, Kilpatrick Townsend Partner Christina Gattuso and Counsel Eamonn Moran discussed the Office of the Comptroller of the Currency’s (OCC) decision to move forward with considering applications from financial technology...more

CFPB Finalizes Amendments to Mortgage Data Rule

Includes Temporary Increase in Reporting Threshold for Community Banks & Credit Unions - On August 24, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule to adopt amendments to the 2015 Home...more

Acting OCC Comptroller Provides Update on Granting Special Purpose National Bank Charters to Fintech Companies

As previously reported, the Office of the Comptroller of the Currency (OCC) recently decided to consider applications from financial technology (fintech) companies to become special purpose national banks (SPNBs). In our May...more

CFPB Proposes Changes to Home Mortgage Disclosure Act (HMDA) Reporting Threshold for Community Banks and Credit Unions

On July 14, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule on HMDA reporting requirements for banks and credit unions that issue home-equity lines of credit (HELOCs). Under rules scheduled to...more

CFPB Issues Arbitration Agreements Final Rule

On July 10, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule governing agreements that provide for the arbitration of any future disputes between consumers and providers of certain consumer...more

CFPB Finalizes Amendments to the TILA-RESPA Integrated Disclosure (TRID) Rule

On July 7, the Consumer Financial Protection Bureau (Bureau) finalized amendments to federal mortgage disclosure requirements under the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) that...more

Trump Administration Sets Forth Recommendations for Consumer Finance Regulatory Reform

On June 12, the U.S. Department of the Treasury released a comprehensive report setting forth the Trump Administration’s vision for regulatory reform in the banking sector. Specifically, this report focuses on the depository...more

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