All in Regulation B

Kentucky Judge Blocks Nationwide Enforcement of 1071 Final Rule

Adam Witmer
Regulation B, Regulatory Update

On September 15, 2023, the ABA Banking Journal published an article announcing a Ketucky federal judge’s nationwide injunction blocking enforcement of the CFPB’s Section 1071 final rule until the U.S. Supreme Court rules on the constitutionality of the bureau’s funding structure. The said injunction is separate from the ruling issued by a Texas judge in July, which only applied to ABA and Texas Bankers Association members.

VIDEO: 1071 Voluntary Collecting & Reporting

VIDEO: 1071 Voluntary Collecting & Reporting

Adam Witmer
Regulation B

In this Compliance Clip (video), Adam answers the question on whether a non-covered financial institution can voluntarily collect information on covered applications from a small business pursuant to the 1071 Final Rule. Adam explains the answer by discussing the different situations that the CFPB has provided through the Small Business Lending Rule Small Entity Compliance Guide. A transcript of this video is now available.

1071 Resources Available NOW and Coming Soon!

Adam Witmer
Regulation B

On 3/30/23, the CFPB released the long anticipated rule that implements section 1071 of the Dodd-Frank Act. This rule will require certain lenders to report information about the small business credit applications they receive, including geographic and demographic data, lending decisions, and the price of credit. As you would expect, we are working on a number of resources to assist our members in understanding if this rule applies to them and, if so, help them implement this rule within their organizations. Click the link to this article to see the 1071 resources we currently have available as well as those we are working to create.

CFPB Releases 1071 Rule

Adam Witmer
Regulation B

On 3/30/23, the CFPB released the long anticipated rule that implements section 1071 of the Dodd-Frank Act. This rule will require certain lenders to report information about the small business credit applications they receive, including geographic and demographic data, lending decisions, and the price of credit. As this rule was just released, we will be analyzing this rule and providing further guidance in the near future. That said, the CFPB provided several key elements in their release which you can view by clicking the link to to this article and going to our site. If you would like to get on our wait list to receive updates about resources we create (both free of paid) relating to the 1071 final rule, go to https://www.compliancecohort.com/1071-wait-list.

CFPB Advisory Opinion on Coverage of ECOA

Adam Witmer
Regulatory Update, Regulation B

On May 9, 2022, the CFPB issued an Advisory Opinion to affirm that the Equal Credit Opportunity Act and Regulation B protect not only those actively seeking credit but also those who sought and have received credit. ECOA is a civil rights law that protects individuals and businesses against discrimination in accessing and using credit on the basis of race, color, religion, national origin, sex, marital status, age.

Interagency Statement on Special Purpose Credit Programs Under the ECOA and Reg B

Adam Witmer
Regulatory Update, Regulation B, Fair Lending

On 2/22/2022, the FRB, FDIC, NCUA, OCC, CFPB, HUD, the DOJ, and the FHFA issued an interagency statement to remind creditors of the ability under the Equal Credit Opportunity Act (ECOA) and Regulation B to establish special purpose credit programs to meet the credit needs of specified classes of persons. The statement focuses on the special purpose credit options under ECOA and Regulation B, which have been publicly committed by many financial institutions to better serve underserved communities.

VIDEO: Are Changes Coming to Overdraft Programs?

VIDEO: Are Changes Coming to Overdraft Programs?

Adam Witmer
Regulatory Update, Regulation B

In this Compliance Clip (video), Adam shares some interesting hints of change that relate to overdraft protection programs. While nothing has been formally planned to be changed, this video shows several actions by the regulators which could be a foreshadow to changes with guidance for overdraft protection programs. If your organization has an overdraft protection program, you won’t want to miss this 7 minute video. A transcript of this video is now available.

VIDEO: Inquiry as a Factor on Adverse Action Notices

VIDEO: Inquiry as a Factor on Adverse Action Notices

Adam Witmer
FCRA, Regulation B

In this Compliance Clip (video), Adam answers a unique question about listing inquiries as a factor in the adverse action notices. Specifically, the question is whether or not creditors are required to include the number of inquiries in the list of factors affecting the credit score if it is the fifth key factor. The answer to this question will come from the FCRA and Regulation B, but specifically from the preamble to the July 15, 2011 Regulation B final rule. A transcript of this video is now available.

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