All in Regulatory Update

On April 14, 2022, FinCEN issued an advisory on kleptocracy and foreign public corruption, urging financial institutions to focus their efforts on detecting the proceeds of foreign public corruption, which is a priority for the U.S. government.. The advisory provides typologies and potential indicators of kleptocracy and other forms of foreign public corruption, namely bribery, embezzlement, extortion, and the misappropriation of public assets.

On April 12, 2022, the CFPB filed a lawsuit against TransUnion, two of its subsidiaries, and longtime executive John Danaher for violating a 2017 law enforcement order. The order was issued to stop TransUnion from engaging in deceptive marketing, however, CFPB reports that the company continued its unlawful behavior, disregarded the order’s requirements, and continued employing deceitful digital dark patterns to profit from customers.

On April 7, 2022, the OCC published the latest edition of its Community Developments Investments newsletter, “Partners in Recovery: Community Reinvestment and Resilience.” This edition of Community Developments Investments discusses how banks and community development financial institutions can work together to help rebuild communities that have been affected by the COVID-19 pandemic and natural disasters.

On April 7, 2022, the FDIC published a letter to notify all FDIC-supervised institutions that intend to engage in, or that are currently engaged in, any activities involving or related to crypto assets or “digital assets” should notify the FDIC. FDIC-supervised institutions are requested to provide information described in the letter and the FDIC will review the information and provide relevant supervisory feedback.

On April 8, 2022, the CFPB issued a proposed rule amending Regulation V that would implement amendments to the Fair Credit Reporting Act that assist consumers who are victims of trafficking. The proposed rule would establish a procedure for a victim of trafficking to submit documentation to consumer reporting agencies, including information identifying any adverse item of information about the consumer that resulted from certain types of human trafficking. In addition, the proposed rule would prohibit the consumer reporting agencies from furnishing a consumer report containing the adverse item(s) of information.

On April 6, 2022, the CFB published a report which reveals few payday loan borrowers are benefiting from no-cost extended payment plans, which are required to be offered to borrowers in the majority of states that do not prohibit payday lending. According to the CFPB, borrowers continue to pay for costly loan rollovers instead of using the payment plans. While no-cost extended payment plans are meant to help borrowers exit the cycle of rollovers and fees, the payday business model continues to depend on high rollover rates and fees.

On April 5, 2022, the OFAC sanctioned the world’s largest and most prominent darknet market, Hydra Market (Hydra), in a coordinated international effort to disrupt proliferation of malicious cybercrime services, dangerous drugs, and other illegal offerings available through the Russia-based site. The operation was a collaborative initiative joined by the DOJ, FBI, DEA, IRS Criminal Investigation, and ICE.

On 3/29/2022, the FDIC announced that the Federal Financial Institutions Examination Council (FFIEC) had issued the 2022 edition of A Guide to HMDA Reporting: Getting It Right! for Home Mortgage Disclosure Act (HMDA)-related data collected in 2022 and reported in 2023. This longstanding compliance resource has regularly been used by financial institutions as a “go-to” HMDA resource as it can help financial institutions better understand HMDA requirements, including the data collection and reporting provisions.