All in Regulatory Update

On March 31, 2020, the CFPB released a guide to assist consumers with understanding their mortgage relief options. The guide is designed by those financially impacted by the coronavirus pandemic and who might be concerned about how to pay their mortgage or rent. Federal and state governments have announced plans to help struggling homeowners during this time and the CFPB guide provides information on what consumers can do now, and what their options are for mortgage and rental relief.

On March 25, 2020 the Federal Financial Institutions Examination Council (FFIEC) released a statement that the regulatory agencies are continuing to monitor and respond to the COVID-19 pandemic to promote the ongoing ability of the nation’s financial institutions to support the households and businesses that depend on them. This article highlights the FFIEC guidance.

On March 6, 2020, the Federal Financial Institutions Examination Council updated guidance identifying actions that financial institutions should take to minimize the potential adverse effects of a pandemic. The guidance provides the FFIEC’s expectations that regulated institutions should periodically review related risk management plans, including continuity plans, to ensure their ability to continue to deliver their products and services in a wide range of scenarios and with minimal disruption.

On March 16, 2020, FinCEN issued a request that financial institutions affected by the COVID-19 pandemic contact FinCEN and their functional regulator as soon as practicable if a COVID-19-affected financial institution has concern about any potential delays in its ability to file required Bank Secrecy Act (BSA) reports. FinCEN also states that institutions seeking to contact them should call FinCEN’s Regulatory Support Section (RSS).

On March 6, 2020, the CFPB issued a new HMDA FAQ to clarify how to report when a natural person applicant submits a mail, internet, or telephone application under Regulation C, but does not provide race, ethnicity, or sex information. Specifically, question 7 under the “Ethnicity, Race, and Sex” section of the FAQs has been updated to provide additional guidance.

On 3/11/20, the FDIC extended the public comment period for its Request for Information (RFI) on potential ways to modernize the FDIC's sign and advertising rules. The rules, which were last updated in 2006 are being re-evaluated to better reflect how banks and savings associations are transforming their business models to take deposits via physical branches, digital, and mobile banking channels. Those wishing to comment may now submit comments through April 20, 2020. 

On March 6, 2020, the Financial Action Task Force (FATF) released guidance relating to digital ID systems. In their release, the FATF explains that an understanding of how digital ID systems work is essential to apply the risk-based approach recommended in this Guidance. Specifically, FATF said the following