Volume 4, Issue 2, 2024 Welcome! Welcome to the second issue of Promissory Notes - our banking and finance e-newsletter - for 2024.
Business today is characterized by relentless change. To assist our clients in navigating...more
3/5/2024
/ Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Disclosure Requirements ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Incident Response Plans ,
Loans ,
Mergers ,
OCC ,
Policy Statement ,
Promissory Notes ,
Proposed Regulation ,
Securities and Exchange Commission (SEC)
OCC Issues Guidance on ‘Buy Now, Pay Later’ Lending -
“The guidance notes that banks should maintain underwriting, repayment terms, pricing, and safeguards that minimize adverse customer outcomes and should ensure that...more
1/29/2024
/ Artificial Intelligence ,
Banking Regulators ,
Basel Committee on Banking Supervision (BCBS) ,
Buy Now Pay Later (BNPL) ,
Climate Change ,
Consumer Financial Protection Bureau (CFPB) ,
FDIC ,
Interest Rates ,
Lending ,
Machine Learning ,
New Guidance ,
OCC ,
Risk Management ,
Software
FTC Amends Safeguards Rule to Require Non-Banking Financial Institutions to Report Data Security Breaches -
“Amendment will require non-bank financial institutions to report when they discover that information affecting...more
11/8/2023
/ Artificial Intelligence ,
Banks ,
Beneficial Owner ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Transparency Act ,
Credit Unions ,
Data Breach ,
Data Security ,
Debit Cards ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Interest Rates ,
Non-Bank Lenders ,
Reporting Requirements ,
Safeguards Rule ,
State and Local Government
Giant Banks Paid More for Deposits in Q2. That's Bad News for Small Lenders.
“But many smaller institutions, some of whom turned to more expensive borrowings to replace deposits lost in the spring, don't have as many...more
8/8/2023
/ Affirmative Action ,
Banking Sector ,
Borrowers ,
Climate Change ,
Consumer Financial Protection Bureau (CFPB) ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Financial Fraud ,
Financial Institutions ,
Financial Services Industry ,
Lenders ,
Risk Management
CFPB Issue Spotlight Analyzes “Artificial Intelligence” Chatbots in Banking -
"Poorly deployed chatbots can impede customers from resolving problems."
Why this is important: The Consumer Financial Protection Bureau...more
7/11/2023
/ Artificial Intelligence ,
Automotive Loans ,
Banking Sector ,
Borrowers ,
Bots ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Cards ,
Credit Reports ,
Customer Service Standard ,
Debt Collection ,
Delinquency Status ,
Fair Credit Billing Act (FCBA) ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Landlords ,
Tenants
GOP Senator Backs Marijuana Banking Bill, but Doubts Democratic Leadership Will Advance It -
“Sen. Tommy Tuberville (R-AL), said that he’d be a ‘yes’ vote on the Secure and Fair Enforcement (SAFE) Banking Act if it...more
7/3/2023
/ Artificial Intelligence ,
Banking Sector ,
Bots ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Consumer Privacy Rights ,
Foreclosure ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Robotics ,
SAFE
Survey Finds Small-Business Lending Fraud on Rise -
“Lending fraud with small and midsize businesses has increased significantly over the last 12 months, and many financial institutions expect it to get worse, according to...more
6/1/2023
/ Artificial Intelligence ,
Banks ,
Chapter 11 ,
Commercial Bankruptcy ,
Construction Industry ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Unions ,
Financial Institutions ,
Financial Services Industry ,
Fraud ,
Lending ,
Libor ,
Secured Overnight Funding Rate (SOFR) ,
Small Business ,
Truth in Lending Act (TILA)
Here are the Top Risks for the Construction and Engineering Sector -
“Business interruption/supply chain disruption and natural catastrophes are the top risks for the construction and engineering industry, followed by the...more
5/1/2023
/ Airports ,
Banking Sector ,
Building Codes ,
Building Permits ,
Business Interruption ,
Construction Industry ,
Construction Project ,
Content Publishing ,
Defamation ,
Energy Efficiency ,
Engineering ,
Fox News ,
Free Speech ,
Hiring & Firing ,
Libel ,
New Legislation ,
New Regulations ,
North Carolina ,
Pennsylvania ,
Real Estate Development ,
Roads ,
Social Media ,
Supply Chain ,
Virginia
Banks are Borrowing Less from the Federal Reserve -
“’So the fact that they are now borrowing less means that they’re trying to get back to normal.’”
Why this is important: Investors and commentators look to several...more
5/1/2023
/ Automotive Loans ,
Banking Sector ,
Coronavirus/COVID-19 ,
Credit Unions ,
Defamation ,
Deposit Insurance ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Financial Services Industry ,
Fox News ,
Mortgages
The Federal Deposit Insurance Corporation (“FDIC”) guarantees bank deposits of up to $250,000. Following the failure of two banks in recent weeks, regulators created some confusion among the industry and the public when they...more
Now is the Time to Guard Against Reckless Banking Legislation -
“Only a structural change to the way Congress acts on financial regulation will prevent future losses.”
Why this is important: An old adage is that...more
4/3/2023
/ Bank Deposits ,
Banking Sector ,
Banks ,
Class Action ,
Cybersecurity ,
Depository Institutions ,
Disclosure Requirements ,
FDIC ,
Financial Crisis ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Overdraft Fees ,
Proposed Legislation ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
An old adage is that history will repeat itself. In other words, all of this has happened before, and it will all happen again. Another banking crisis is upon us following the familiar cycle of financial deregulation. The...more
With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased regulatory scrutiny, banks need to review their overdraft practices.
As noted by the American Bankers Association, banks...more
3/22/2023
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Banks ,
Class Action ,
Congressional Review Act ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure ,
Dispute Resolution ,
Dodd-Frank ,
Financial Institutions ,
New Rules ,
Overdraft Fees ,
Regulatory Requirements
Community Banks Renew Fight Against ILCs -
“ICBA reiterates opposition to non-bank-owned lenders’ applications to the FDIC, naming GM, Ford, Rakuten.”
Why this is important: The Independent Community Bankers of...more
2/22/2023
/ Banking Sector ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Credit Cards ,
Divestment ,
FDIC ,
Federal Reserve ,
Fees ,
Financial Institutions ,
FinTech ,
Fossil Fuel ,
Internet ,
Investment ,
Lenders ,
Stress Tests
Plaintiffs Pursuing Increased Class Action Breach of Contract Claims for Overdraft Fees and Charges Against Customers -
“With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased...more
The U.S. Supreme Court recently heard arguments in MOAC Mall Holdings LLC v. Transform Holdco LLC. The case involves the authority of a court of appeals to review a bankruptcy order authorizing a bankrupt tenant to sell its...more
With inflation cutting into the budgets of Americans, a growing percentage of people with auto loans are struggling to make their monthly payments...more
Student Loans -
Supreme Court Likely to Rule that Biden Student Loan Plan is Illegal, Experts Say. Here’s What that Means for Borrowers -
“Long before the president acted, Republicans had criticized student loan...more
12/14/2022
/ Automotive Loans ,
Borrowers ,
Commercial Bankruptcy ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Data Breach ,
Data Protection ,
Data Security ,
Debt Collection ,
Delinquent Borrowers ,
Department of Education ,
Educational Institutions ,
Financial Services Industry ,
Joe Biden ,
Landlords ,
Loan Forgiveness ,
No Surprises Act (NSA) ,
Phishing Scams ,
Student Loans ,
Surprise Medical Bills ,
TCPA ,
Tenants ,
Text Messages
A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Office...more
12/7/2022
/ Bias ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Credit Cards ,
Credit Reports ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Enforcement Actions ,
Financial Services Industry ,
Legislative Agendas ,
Loan Applications ,
Loan Forgiveness ,
Nursing Homes ,
Popular ,
Student Loans ,
UDAAP ,
Unfair or Deceptive Trade Practices
Schumer: Senate ‘Very Close’ To Passing SAFE Banking Act -
“The House of Representatives passed the bill for the sixth time earlier this year.”
Why this is important: The passage of the Secure And Fair Enforcement...more
11/21/2022
/ Agribusiness ,
Banking Sector ,
Cannabis-Related Businesses (CRBs) ,
College Athletes ,
Credit Unions ,
Cryptoassets ,
Cryptocurrency ,
Debt Restructuring ,
Decriminalization of Marijuana ,
Dispensaries ,
Environmental Social & Governance (ESG) ,
FDIC ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Marijuana ,
Name and Likeness ,
NCAA ,
Regulatory Oversight ,
Small Business
Data Breaches
Pennsylvania Settlements with Experian and T-Mobile
Why this is important: Pennsylvania’s Attorney General, Josh Shapiro, announced on Monday, November 7, 2022, that Pennsylvania entered into settlements...more
Is SAFE Banking Act Getting Closer to Passage? Senators Agree Public Safety Issues are at Play
"Sen. Jeff Merkley (D-OR), the sponsor of the SAFE Banking Act, talked about violent crime targeting marijuana businesses and...more
Mortgage Lenders are Starting to Go Broke Amid Rate Spike and US Mortgage Lenders are Starting to Go Bankrupt — How This One Factor Could be Triggering the Worst Surge of Failures Since 2008
"Last year, two-thirds of the...more
Biden Signs Bills Aimed at Catching Pandemic Business Loan Cheats -
"President Joe Biden signed a pair of bills that will give the Justice Department more time to investigate and prosecute people accused of fraudulently...more
Financial Services Committee Passes Bills to Protect Consumers
"The House Financial Services Committee, led by Chairwoman Maxine Waters (D-CA), passed eight bills to strengthen oversight of our nation’s affordable housing...more
8/11/2022
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Cryptocurrency ,
Fair Lending ,
FDCPA ,
FDIC ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Securities and Exchange Commission (SEC)