All in Regulatory Update

On 2/11/2021, the Federal Trade Commission (FTC) announced that they are banning the owners and operators of a vast payday lending scheme that overcharged consumers millions of dollars. The settlement also wipes out almost all of the outstanding debt owed to the entity as this debt was made up entirely of illegal finance charges. The organization operated online under the names Harvest Moon Financial, Gentle Breeze Online, and Green Stream Lending.

In their release, the FTC explained that the scheme used deceptive marketing to convince consumers that their loans would be repaid in a fixed number of payments. The FTC’s complaint alleged that the company instead continued to draw millions of dollars in payments from consumers’ bank accounts long after the loans’ original principal amount and stated repayment cost had been repaid, and would do so until consumers completely closed their bank accounts or found some other way to cut off payments.

On February 11, 2021, the CFPB published a blog post warning of online romance scams. As bankers often know first hand, consumers who have fallen for an online romance scam can be difficult to convince that they are a victim of a scam. This blog post from the Consumer Financial Protection Bureau (CFPB) may be something that could assist bankers in educating customers on the prevalence and risks of romance scams. After providing a brief introduction to romance scams, the blog post provides guidance on how to spot romance scammers, and concludes with tips to avoid romance scams.

On 2/9/2021, the Federal Reserve Board announced the second extension of a rule to bolster the effectiveness of the Small Business Administration's (SBA) Paycheck Protection Program (PPP). Like the earlier extensions, this one will temporarily modify the Board's rules so that certain bank directors and shareholders can apply to their banks for PPP loans for their small businesses.

On February 4, 2020, the Federal Trade Commission announced that they had received more than 2.1 million fraud reports from consumers in 2020. They noted that imposter scams remained the most common type of fraud reported while online shopping was the second-most common fraud category reported by consumers. The top five categories rounded out with internet services; prizes, sweepstakes, and lotteries; and telephone and mobile services.

VIDEO: Anti-Money Laundering Act of 2020

In this Compliance Clip (video), Adam provides an overview of 5 things that will likely come from the Anti-Money Laundering Act of 2020. As this new law will have significant implications in the BSA/AML world, it will be important for BSA/AML professionals to watch applicable developments that result from the Anti-Money Laundering Act of 2020.

On 2/2/2021, the NCUA announced that they will be hosting a webinar on Thursday, February 11, 2021, that will provide participants with an update on Chairman Todd M. Harper’s priorities, the agency’s supervisory activities, and recently issued guidance and regulations, among other topics. As some may recall, Chairman Harper was announced on 1/25/2021 as President Biden’s designated Chairman of the NCUA Board. Harper is also the NCUA director who, in October of 2020, requested comments regarding the NCUA’s approach to supervising institutions for regulatory compliance. In the announcement about the upcoming webinar, Mr. Harper is quoted as saying that he will share his “regulatory philosophy” with stakeholders during this webinar. Credit union compliance professionals may want to consider taking part in this webinar as it may shed some light on the direction of regulatory compliance supervision and enforcement from the NCUA going forward.

On 1/29/2021, the OCC announced the availability of three things which apply to OCC-regulated institutions: the availability of the 2021 list of bank type determinations, the 2021 list of distressed and underserved areas, and the banking industry median hourly compensation value. This information applies to the OCC’s new CRA regulations that were published in the Federal Register on 6/5/2020.

On 1/25/2021, the NCUA announced that President Biden had designated National Credit Union Administration Board Member Todd M. Harper as the twelfth Chairman of the NCUA Board. Harper succeeds Rodney Hood, who was designated Board Chairman in April 2019. Hood continues to serve as an NCUA Board Member. Harper was nominated to the NCUA Board on Feb. 6, 2019. Following Senate confirmation, he took office as an NCUA Board Member on April 8, 2019. As some might recall, it was Mr. Harper who, in October of 2020, requested comments regarding the NCUA’s approach to supervising institutions for regulatory compliance.

On 1/20/21, CFPB Director Kathleen Kraninger announced via Twitter that she was resigning from the CFPB at the request of newly sworn in President, Joe Biden. This request and subsequent resignation comes as no surprise as national media outlets have recently reported that Biden was set to nominate Rohit Chopra as the Director of the CFPB. Chopra, a former McKinsey & Company consultant, worked with Senator Elizabeth Warren on establishing the CFPB before heading up the student lending division of the CFPB in 2011. These changes in the CFPB, along with other future changes, should help to facilitate an interesting four years for regulatory compliance professionals.