All in Regulatory Update

On September 9, 2022, FinCEN issued a summary of the FDIC and FinCEN Digital Identity Tech Sprint (Tech Sprint) Demonstration Day which happened on April 4, 2022. Early in 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.

On September 7, 2022, Acting Comptroller of the Currency Michael J. Hsu was invited to speak at the TCH + BPI Annual Conference where he talked about the importance of safeguarding trust in banking. According to Hsu, the OCC’s key priorities, including guarding against complacency, addressing inequality, adapting to digitalization, and managing climate-related risk, reflect what he sees as the key long-term threats to trust in banking. In his remarks, Hsu provided an update on each key priority.

On September 6, 2022, the OCC released its strategic plan for fiscal years (FY) 2023-2027. The OCC’s strategic plan outlines its approach to achieve three strategic goals and fulfill its mission to ensure that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.

On August 30, 2022, the FDIC updated sections of the Consumer Compliance Examination Manual. The Consumer Compliance Examination Manual is a primary resource and reference tool for FDIC compliance examination staff when conducting Consumer Compliance and CRA examinations. It incorporates examination policies, procedures, and guidance and is available on the FDIC website as a resource for FDIC staff, bankers, and other members of the public.

On August 26, 2022, the FTC published its FY 2022-2026 Strategic Plan and its FY 2021-2023 Performance Report and Performance Plan as required under the GPRA Modernization Act of 2010. The Strategic Plan sets the FTC’s priorities over the next years and will serve as the foundation for annual performance reporting, while the Annual Performance Plan establishes strategies and targets based on the new Strategic Plan.

On August 19, 2022, the FDIC issued letters demanding five companies and their officers, directors, and employees cease and desist from making false and misleading statements about FDIC deposit insurance and take immediate corrective action to address these false or misleading statements. According to the FDIC, the companies made false representations—including on their websites and social media accounts—stating or suggesting that certain crypto–related products are FDIC–insured or that stocks held in brokerage accounts are FDIC–insured.

On August 16, 2022, the Federal Reserve issued a Supervisory Letter regarding the engagement in crypto-asset-related activities by Federal Reserve-Supervised banking organizations. In its letter, the Federal Reserve reminded banking organizations of the risks posed by crypto-assets as well as provided instructions on the steps to be taken by any banking organization engaging or seeking to engage in crypto-asset-related activities.

On August 11, 2022, the FTC issued an alert warning consumers of scammers demanding utility payments in cryptocurrency. According to the FTC, utility scams are increasing where scammers pretend to be a utility company threatening to immediately turn off a consumer’s service. The latest twist on utility scams is asking consumers to pay in Bitcoin or another type of cryptocurrency.