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Financial Services Report – Winter 2020

Happy post-election, post-socially-distanced Thanksgiving, and pre-New Year’s newsletter. Banks, non-banks, and FinTechs can look forward to eight days of announcements from the Biden transition team with their latkes and...more

CFPB Seeks Comment On Improving Consumer Access To Financial Information

On October 22, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advance notice of proposed rulemaking (ANPR) that seeks comment on consumer access to financial information, pursuant to Dodd-Frank Act...more

CFPB Issues RFI Seeking Information On The Impact Of The CARD Act Regulations On Small Entities And On The Consumer Credit Card...

On August 28, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) published a request for information (RFI) to gather feedback on two related, but separate, inquiries: (1) the economic impact on small entities of...more

Dropping Anchor In The (Safe) Harbor: Colorado “True Lender” Litigation Settles

Ending years of litigation, the Colorado Attorney General and the Administrator of the Colorado Uniform Consumer Credit Code (“Administrator”) announced a settlement with marketplace lenders Avant of Colorado, LLC and...more

CFPB Seeks Input On Improving Access To Credit

On August 3, 2020, the Consumer Financial Protection Bureau (CFPB) published a Request for Information (RFI) that seeks comment on ways to clarify the Equal Credit Opportunity Act’s (ECOA) implementing regulation, Regulation...more

New York Passes Bill To Increase Transparency In Lending

On July 23, 2020, in an effort to increase transparency in commercial financings so borrowers may make more informed decisions, the New York State legislature passed a bill, S5470B, which currently awaits the Governor’s...more

Will The True Lender Please Stand? – OCC Proposes “True Lender” Bright-Line Rule

On July 20, 2020, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking that would establish when national banks or federal savings associations (collectively, banks) are the “true lender”...more

Financial Services Report, Summer 2020

Is it just us or does March 4 — the date of our last issue — feel like a million years ago? Like you, and not necessarily in this order, we have been: doing our work; keeping up with COVID-19-related laws, guidance, and...more

Machine Underwriting: The CFPB Issues Blog Post On Use Of Artificial Intelligence In Credit Underwriting

On July 7, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) published a blog post on the use of artificial intelligence (AI), especially machine learning (ML), in credit underwriting. The blog post addresses...more

U.S. Supreme Court Strikes CFPB Director For-Cause Removal Provision

On June 29, 2020, the U.S. Supreme Court issued its ruling in Seila Law LLC v. Consumer Financial Protection Bureau, holding that the CFPB’s leadership structure—with a single director removable only for inefficiency,...more

Following Suit – FDIC Finalizes Rule Reaffirming “Valid When Made” Doctrine For State Banks

On June 25, 2020, following the OCC’s lead, the Federal Deposit Insurance Corporation’s (FDIC) board of directors voted 3-1 to finalize a rule that reaffirms the “valid when made” doctrine as applicable to loans originated by...more

Consumer Financial Pilot Advisory Opinion Program Takes Flight

On June 22, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) published two notices in the Federal Register announcing (1) the launch of a pilot advisory opinion (AO) program (“Pilot AO Program”); and (2) a...more

Madden Put To Rest? – OCC Finalizes Rule Reaffirming “Valid When Made” Doctrine

On May 29, 2020, the Office of the Comptroller of the Currency (OCC) finalized a rule that reaffirms the “valid when made” doctrine applicable to loans originated by a national bank. According to Acting Comptroller of the...more

First Mover: The OCC Finalizes Its CRA Rule

On May 20, 2020, the Office of the Comptroller of the Currency (“OCC”) published a final rule (“Final Rule”) intended to modernize the rules implementing the Community Reinvestment Act (“CRA”). While the CRA is administered...more

5/26/2020  /  CRA , FDIC , Federal Reserve , FRB , OCC

CFPB Issues Guidance Concerning COVID-19-Related Regulatory Pain Points

On May 13, 2020, the Consumer Financial Protection Bureau (CFPB) issued three guidance documents designed to aid financial institutions in assisting consumers in the context of the COVID-19 pandemic: 1.A statement...more

CFPB Facilitates CARES Act Payments to Individuals

On April 13, 2020, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule to provide guidance to government agencies, including the U.S. Department of the Treasury (“Treasury”), to make COVID-19-related...more

CFPB Statements Provide Temporary Flexibility To Financial Institutions In Light Of COVID-19

On March 26, 2020, the Consumer Financial Protection Bureau (CFPB or the “Bureau”) announced that it is taking steps to temporarily assist financial institutions in meeting customer needs as a result of COVID-19. The CFPB...more

CARES Act Enacted: Financial Services Provisions

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the third phase of congressional economic relief in response to COVID-19. Among other things, the...more

NY Governor Cuomo Orders Power To Require Waiver Of Deposit Fees During COVID-19 Emergency

As Congress scrambles to pass a stimulus package to alleviate financial strain due to the COVID-19 pandemic, federal regulators and some states are directing financial institutions to provide immediate relief. So far,...more

FDIC Publishes Brokered Deposits Proposed Rule

On February 10, 2020, the Federal Deposit Insurance Corporation (FDIC) published a proposed rule intended to modernize the regulatory treatment of brokered deposits (Proposed Rule). The Proposed Rule would amend 12 C.F.R....more

Attorneys General Push Against OCC’s Attempts To Codify “Valid When Made” Rule

On January 21, 2020, twenty-two State Attorneys General and the Hawaii Office of Consumer Protection submitted a comment letter to the Office of the Comptroller of the Currency (OCC) in opposition to its proposed rulemaking...more

The DBO Notifies CFL Lenders Of New Rate And Other Limitations Imposed By AB 539

The California Department of Business Oversight (DBO) has issued a Release that summarizes the provisions of California Assembly Bill 539 and addresses some implementation issues. This bill was chaptered as Chapter 708 of the...more

After Madden, OCC and FDIC Propose to Reaffirm “Valid When Made” Rule

On November 18, 2019, the Office of the Comptroller of the Currency (OCC) took action to reaffirm the “valid when made” doctrine in response to the uncertainty on the validity of interest rates of bank-originated loans sold...more

California Enacts Interest Rate and Other Restrictions on Consumer Loans

As expected, California has enacted legislation imposing interest rate caps on larger consumer loans. The new law, AB 539, imposes other requirements relating to credit reporting, consumer education, maximum loan repayment...more

CFPB Decides Not to Defend Constitutionality of Its Leadership Structure

On September 17, 2019, two developments took place with respect to the constitutionality of the structure of the Consumer Financial Protection Bureau (CFPB or Bureau), an issue that has been litigated for several years....more

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