All in Regulatory Update

On June 16, 2022, the CFPB released an article focusing on the agency’s efforts to collect key metrics from some supervised institutions regarding the consumer impact of their overdraft and non-sufficient fund (NSF) practices. In early December of 2021, we wrote an article about the CFPB’s research on banks’ dependence on overdraft fees. Since then, the Bureau has been actively conducting close supervision to financial institutions with high shares of frequent overdrafters or with higher average fee burden for overdrafts.

On June 15, 2022, FinCEN issued an advisory to alert financial institutions to the rising trend of elder financial exploitation (EFE). EFE involves the illegal or improper use of an older adult’s funds, property, or assets, and is often perpetrated either through theft or scams. The advisory highlights new EFE typologies and red flags since FinCEN issued its first advisory on the issue in 2011.

On June 14, 2022, the CFPB Director Rohit Chopra announced, at a public town hall, Request for Information on how bank customers can assert their rights to better customer service with big banks. The Request for Information seeks data about, and consumer experiences with, the obstacles that may prevent people from receiving high standards of customer service and high-quality human interactions with their banks or credit unions.

On June 13, 2022, the CFPB released its annual report on the top financial concerns facing servicemembers, veterans, and military families, based on the complaints they submitted to the CFPB. Concerns reported by the servicemembers include billing inaccuracies and that debt collectors used aggressive tactics to recover allegedly unpaid medical bills. Servicemembers also reported failures by credit reporting companies in helping to resolve inaccuracies and other credit reporting issues.

On June 3, 2022, FinCEN issued an Advance Notice of Proposed Rulemaking to solicit public comment on questions relating to the implementation of a no-action letter process at FinCEN. A no-action letter is generally understood to be a form of enforcement discretion where an agency states by letter that it will not take an enforcement action against the submitting party for the specific conduct presented to the agency.

On June 3, 2022, the FTC issued a notice of proposed rulemaking to amend the Telemarketing Sales Rule. The proposed amendments would require telemarketers and sellers to maintain additional records of their telemarketing transactions, prohibit material misrepresentations and false or misleading statements in business to business (“B2B”) telemarketing transactions, and add a new definition for the term “previous donor.”

On June 3, 2022, the FTC published an article which talked about crypto scam losses. According to the latest FTC Consumer Protection Data Spotlight, more than 46,000 people have reported losing over $1 billion in crypto to scams since the start of 2021. That’s about one out of every four dollars reportedly lost to fraud during that period. According to the report, the median individual reported loss is $2,600.

On 6/1/2022, the FDIC’s website was updated to reflect two amended sections of its Consumer Compliance Examination Manual. Specifically, the sections updated including the section on Examination and Visitation Frequency as well as the section on the Electronic Fund Transfer Act. The Consumer Compliance Examination Manual is a valuable resource for FDIC-regulated banks, as this document is a primary resource utilized by FDIC examiners when conducting oversight of FDIC-regulated banks.

On May 26, 2022, the CFPB confirmed that federal anti-discrimination law requires companies to explain to applicants the specific reasons for denying an application for credit or taking other adverse actions, even if the creditor is relying on credit models using complex algorithms. The CFPB published a Consumer Financial Protection Circular to remind the public, including those responsible for enforcing federal consumer financial protection law, of creditors’ adverse action notice requirements under the ECOA.