Comptroller Revises Credit Card Lending; Announces Rescissions

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The Office of the Comptroller of the Currency (OCC) issued the “Credit Card Lending” booklet of the Comptroller’s Handbook on November 4. The revised booklet “replaces the ‘Credit Card Lending’ booklet issued in October 1996. The revised booklet also replaces section 218, ‘Credit Card Lending,’ issued in May 2006 as part of the former Office of Thrift Supervision Examination Handbook for the examination of federal savings associations (FSA).”

The revised booklet incorporates national bank and FSA statutes and regulations, guidance, and examination procedures. The booklet also provides updated guidance to examiners on assessing and managing the risks associated with credit card lending activities. The new booklet:

  • rescinds the following advisory letters, which are largely superseded by the 2009 Credit Card Accountability Responsibility and Disclosure Act (CARD Act) and its implementing regulations in Regulation Z:
    • Advisory Letter 2004-4, “Secured Credit Cards” (April 28, 2004), and
    • Advisory Letter 2004-10, “Credit Card Practices” (September 14, 2004).
  • makes the following applicable to FSAs:
    • OCC Bulletin 1997-24, “Credit Scoring Models: Examination Guidance” (May 20, 1997).
  • provides updated guidance to examiners on assessing the quantity of risk associated with credit card lending and the quality of credit card lending risk management.
  • addresses the CARD Act, which further amended the Truth in Lending Act.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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