FDIC’s CRA evaluation rates fintech bank “needs to improve” for alleged FTC Act violations

Orrick, Herrington & Sutcliffe LLP
Contact

Orrick, Herrington & Sutcliffe LLP

On September 5, the FDIC released the list of nonmember banks examined for compliance with the Community Reinvestment Act (CRA), which is intended to “encourage insured banks and thrifts to meet local credit needs.” Included in the list was a fintech bank that the FDIC rated as “Needs to Improve” for reasons involving its overall record of helping meet the credit needs of underserved communities. According to the FDIC’s CRA performance evaluation of the Utah-based bank, the FDIC adjusted the CRA rating from “Satisfactory” to “Needs to Improve” due to illegal credit practices that resulted in violations of Section 5 of the FTC Act, Unfair or Deceptive Acts or Practices that were present during the time of the evaluation period. The FDIC found that the bank’s actions impacted a significant number of customers across the bank’s fuel card programs, and that the practices were sustained for multiple years. The FDIC also noted that, after the bank was notified of the violations, it implemented corrective measures, including customer restitution.

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.

© Orrick, Herrington & Sutcliffe LLP | Attorney Advertising

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide