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Key Updates to the OCC's UDAAP Handbook

The Office of the Comptroller of the Currency (OCC) has released a revised version of its Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or Practices (UDAP/UDAAP) handbook. The updated handbook,...more

The Current Expectations of the Financial Services Regulatory Agenda – And What To Do

President Biden spent nearly 18 months assembling his team of top financial services regulators. Michael Barr’s nomination as the top banking regulator at the Federal Reserve Board (FRB) will fill the last remaining vacancy...more

The Bureau Binds Itself to the Interagency Statement Clarifying the Role of Supervisory Guidance with New Rule

On January 19, 2021, The Consumer Financial Protection Bureau (“Bureau”) adopted a final rule that codifies the Interagency Statement Clarifying the Role of Supervisory Guidance, issued by the Office of the Comptroller of the...more

OCC Issues Final “Valid-When-Made” Rule: Does it End the Madness of Madden v. Midland Funding?

Last Friday, the Office of the Comptroller of the Currency (“OCC”) issued a final rule providing that interest rates established on debt originated by a national bank remain valid even after the debt is transferred to a...more

6/3/2020  /  Banks , Interest Rates , OCC

The OCC Jumps into the Sandbox

On April 30, 2018, the Office of the Comptroller of the Currency (OCC) opened a 45-day public comment period on a proposed Innovation Pilot Program (the Program). The OCC, like the Consumer Financial Protection Bureau and the...more

Innovation: Opening the Door for Regulatory Engagement

Since Donald Trump took office the hot topic has been “deregulation”. However, contradicting this ideal are efforts by financial regulators to incorporate the use of financial technology by financial institutions and fintech...more

Bank Regulators' "Clarifying" Statement on Enforcing Supervisory Guidance

The prudential regulators, including the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration, and Office of the Comptroller of the Currency...more

9/19/2018  /  Banking Sector , FDIC , GAO , OCC

The Banking Evolution Continues: OCC Opens Its Doors To Fintechs To Obtain A Special Purpose National Bank Charter

For two years the Office of the Comptroller of the Currency (“OCC”) solicited comments on how it can support responsible innovation in the financial services industry in order to meet the evolving needs of the consumers,...more

Treasury Fintech Report Recommendations Could Change Banking As We Know It

On February 3, 2017, President Trump issued Executive Order 13772 (“EO”), stating that “It shall be the policy of my Administration to regulate the United States financial system in a manner consistent with the following...more

OCC Encourages Lending to Underserved Borrowers

On May 23, 2018, the Office of the Comptroller of the Currency (“OCC”) issued a bulletin, titled “Description: Core Lending Principles for Short-Term, Small-Dollar Installment Lending” (the “Bulletin”), outlining the OCC’s...more

Despite a Legal Setback - States Continue to Move Forward in Fintech Innovation

For more than two years, the Office of the Comptroller of the Currency (“OCC”) has studied the regulatory impacts of innovations in financial technology. In March, 2016 it published a white paper regarding innovation in the...more

Change in CFPB Structure Will Not Impact Fair Lending Enforcement; Compliance Does Not Take a Holiday

Acting Director Mick Mulvaney’s decision to transition the Office of Fair Lending and Equal Opportunity (“OFLEO”) out of the Office of Supervision, Enforcement and Fair Lending (“SEFL”) does not eliminate or diminish the...more

OCC Rescinds Guidance on Small-Dollar Loans: What Do Banks Do Now?

Just one hour after the Consumer Financial Protection Bureau (CFPB or Bureau) issued its Final Rule for Payday, Vehicle Title and Certain High-Cost Installment Loan (CFPB Rule), the Office of the Comptroller of the Currency...more

Regulators Issue New Guidance on Expectations of Deposit Reconciliations: Beware of the UDAAP Implications

In response to a recent consent order against a depository institution and several other examinations of major banks, five federal financial regulators have issued an inter-agency guidance ensuring that depository...more

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