All in Regulatory Update

On 1/24/2022, the FinCEN issued a Notice of Proposed Rulemaking (NPRM) that proposes and solicits public comment on the establishment of a limited-duration pilot program for sharing suspicious activity reports (SARs), in accordance with Section 6212 of the Anti-Money Laundering Act of 2020. In the pilot program, a financial institution with a SAR reporting obligation would be permitted to share SARs and information related to SARs with foreign branches, subsidiaries, and affiliates for the purpose of combating illicit finance risks, provided FinCEN approves and approves the conditions.

On 1/21/2022, the Federal Financial Institutions Examination Council issued a statement announcing best practices for requesting examination information from supervised entities, and a common authentication solution for secure access to the FFIEC members’ supervision systems. According to FFIEC’s release, the statement presents the results of the final phase of the Examination Modernization Project in which its members addressed the feedback provided by supervised entities regarding examination requests and authentication requirements for its members’ supervision systems.

On 1/13/2022, the Federal Trade Commission (FTC) issued a press release that Dun & Bradstreet (D&B) has agreed to an order requiring substantial changes in the firm’s operations that will benefit small- and mid-sized businesses. This is in response to FTC’s charges that D&B engaged in deceptive and unfair practices by deceiving businesses about value of products and failing to correct errors on business credit reports.

On 1/14/2022, the CFPB issued an article regarding discrimination based on their religious beliefs. The blog post, authored by Lorelei Salas, emphasizes that it is illegal to penalize borrowers for being religious. In the blog post, the CFPB also expressed its concern about how financial institutions might be making use of artificial intelligence and other algorithmic decision tools such as uses third-party data to analyze geolocation data to power their credit decision tools.

On 1/14/2022, the CFPB announced that it has settled a lawsuit filed by the National Association of Consumer Advocates, U.S. Public Interest Research Group, and Professor Kathleen Engel. The lawsuit alleged that the Taskforce on Federal Consumer Financial Law, a taskforce chartered by CFPB, did not comply with the Federal Advisory Committee Act (FACA). FACA is a "sunshine" law that seeks to ensure adequate transparency into agency advisory committees.

On 1/11/2022, the FDIC and FinCEN announced a Tech Sprint to develop solutions for financial institutions and regulators to help measure the effectiveness of digital identity proofing—the process used to collect, validate, and verify information about a person. FDIC's tech lab and FinCEN are collaborating to reduce fraud and other forms of identity-related crime, money laundering, and terrorist financing through the Tech Sprint. They also intend to increase customer confidence in digital banking services.