On March 25, the Acting Comptroller of the Currency, Michael J. Hsu, released a transcript of a speech on fairness and effective compliance risk management in banking, delivered at a banking association meeting. The speech focused on how bank fairness can be used as a “guide and input to effective compliance risk management,” and how Hsu believed banks could develop more fairness in banking. Hsu noted that deploying more resources and adopting modern technologies will be only part of the challenge in improving a bank’s compliance risk programs; the other part of the challenge is “adapting and anticipating” where compliance risks could arise.

While speaking on the challenges of bank consumer compliance, Hsu discussed rapid changes in product offerings, such as the growth of credit cards, BNPL products, and Earned Wage Access. Hsu discussed how the increase in the digitalization of banking has aligned with third-party arrangements, fraud, and cyber risks in finance. On fairness, Hsu discussed the increased prevalence of overdraft charges and how a “well developed sense of fairness” can guide banks in connection with such areas. Hsu stated that fairness is not unidimensional, and when a bank develops an internal sense of fairness, it should be aware of how multiple notions of fairness interact. For example, he noted that “disparate treatment and disparate impact” provide the foundations for fair lending laws, and to comply with fair lending laws, a bank must mitigate both disparities.