All in Regulatory Update

On February 16, 2023, the CFPB published a summary of its key findings after the Bureau requested information from the largest credit card companies in the U.S. regarding their practices around suppressing actual payment information from the nationwide consumer reporting system. These companies included JPMorgan Chase, Citibank, Bank of America, Capital One, Discover, and American Express.

On February 7, 2023, the CFPB issued an advisory opinion to protect Americans from double dealing on digital mortgage comparison-shopping platforms. According to the CFPB, companies operating these digital platforms appear to shoppers as if they provide objective lender comparisons, but may illegally refer people to only those lenders paying referral fees. The advisory opinion outlines how companies violate RESPA when they steer shoppers to lenders by using pay-to-play tactics rather than providing shoppers with comprehensive and objective information.

On February 3, 2023, the FDIC issued a Financial Institution Letter to inform supervised institutions of recent changes regarding the Home Mortgage Disclosure Act (HMDA) reporting threshold for closed-end mortgage loans and the FDIC’s supervisory approach for enforcing related requirements. According to the FDIC, it does not intend to initiate enforcement actions or cite HMDA violations for certain failures to report closed-end mortgage data collected in the last three years.

On February 2, 2023, the NCUA issued a letter addressed to federally insured credit unions regarding the change to HMDA’s closed-end loan reporting threshold. According to the NCUA, the agency recognizes that credit unions affected by this change may need time to implement or adjust policies, procedures, systems, and operations to achieve compliance with these reporting requirements. Thus, the NCUA intends to take a flexible supervisory and enforcement approach similar to the approach being taken by the CFPB.

On February 1, 2023, the OCC issued a bulletin to inform banks and OCC examining personnel that the loan origination threshold for reporting Home Mortgage Disclosure Act (HMDA) data on closed-end mortgage loans has changed. This is after a court decision was issued that the threshold for reporting is now 25 closed-end mortgage loans originated in each of the two preceding calendar years.