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In this Compliance Clip (video), Adam explains how the recent Reg D changes impact Regulation CC. Specifically, Adam answer this question: Do the recent Reg D changes mean that Reg CC hold rules now apply to savings accounts? Adam gets a bit nerdy as he digs into several definitions (and technical citations) to bring us the answer.
On May 13, 2020, the CFPB issued a statement regarding the impact the COVID-19 pandemic is having on the financial well-being of many consumers and on the operations of many financial institutions, including creditors subject to Regulation Z. In short, the CFPB explained that they issued this statement to inform creditors of the Bureau’s flexible supervisory and enforcement approach during this pandemic regarding the timeframe within which creditors complete their investigations of consumers’ billing error notices. Specifically, in evaluating a creditor’s compliance with the maximum timeframe for billing error resolution set forth in Regulation Z, the CFPB states that they intend to consider the creditor’s circumstances and do not intend to cite a violation in an examination or bring an enforcement action against a creditor that takes longer than required by the regulation to resolve a billing error notice, so long as the creditor has made good faith efforts to obtain the necessary information and make a determination as quickly as possible (and complies with all other requirements pending resolution of the error).
On 5/13/2020, the Federal Reserve updated their Frequently Asked Questions regarding Regulation D and the recent changes to the rule. Among other things, the updates to the FAQs include the following clarifications:
Question 3 answers the question of whether or not the recent amendments to Regulation D are temporary or permanent. As explained in the answer, the Federal Reserve does not expect the changes to be “short term” and “does not have plans to re-impose transfer limits,” but could if future conditions warrant it.
Question 13 explains what we have been saying the last few weeks: that the recent Reg D changes do not cause savings deposits to be subject to Reg CC hold requirements.
On May 11, 2020, the CFPB issued a final rule covering remittances transfers, which imposes requirements on entities that send international money transfers (i.e. remittance transfers) on behalf of consumers. Among its requirements, the Remittance Rule mandates that remittance transfer providers generally must disclose the exact exchange rate, the amount of certain fees, and the amount expected to be delivered to the recipient. The existing Remittance Rule also allows for depository institutions to estimate certain fees and exchange rate information under certain circumstances, but by statute, this provision expires in July 2020.
The new final rule allows certain banks and credit unions to continue to provide estimates of the exchange rate and certain fees under certain conditions. This could preserve consumers’ ability to send remittances from their bank accounts to certain countries or recipient institutions. In addition, the new final rule also increases the threshold that determines whether an entity makes remittance transfers in the normal course of its business and is subject to the Rule. Specifically, entities making 500 or fewer transfers annually in the current and prior calendar years would not be subject to the Rule. In their issuance, the CFPB states that this will reduce the burden on over 400 banks and almost 250 credit unions that send a relatively small number of remittances.
On 5/12/2020, the CFPB published their final rule on HMDA that will exempt nearly 1,600 small HMDA reporters from reporting HMDA in the future. For those who will become newly exempt, we have a simple program (currently on sale!) to assist financial institutions with the change. This program can be found at https://www.compliancecohort.com/hmda-july-2020.
On May 11, 2020, the CFPB issued a consent order with Specialized Loan Servicing, LLC. The consent order requires Specialized Loan Servicing, a mortgage-loan servicer in Colorado, to pay $1.275 million in monetary relief to consumers, pay a $250,000 civil money penalty, and implement procedures to ensure compliance with RESPA.
In their release, the CFPB explains that their investigation found that Specialized “violated RESPA and Regulation X by taking prohibited foreclosure actions against mortgage borrowers who were entitled to protection from foreclosure, and by failing to send or to timely send evaluation notices to mortgage borrowers who were entitled to them.” In addition, the CFPB explained that in some cases, Specialized’s violations of Regulation X short-circuited the protections against foreclosure for consumers whose homes were ultimately foreclosed upon.
Under the settlement, the CFPB states that Specialized must implement policies and procedures that will ensure that borrowers receive the protections from foreclosure to which they are entitled under RESPA and Regulation X, including preventing Specialized from improperly making first filings, from improperly moving for foreclosure judgments or orders of sale, and from conducting foreclosure sales against borrowers who have submitted timely and facially complete or complete loss-mitigation applications. The CFPB also explained that Specialized must also monitor its foreclosure activity to ensure that it complies with the policies and procedures that it must implement.
On May 6, 2020, the CFPB issued three clarifying FAQs, in a “Compliance Aid” document, to support small businesses who have applied for a loan from their financial institution under the Small Business Administration’s (SBA) Paycheck Protection Program (PPP). In its FAQs, the Bureau clarifies that a PPP application is only a “completed application” once the creditor has received a loan number from the SBA or a response about the availability of funds. This ensures that the time awaiting this information from the SBA does not count towards the 30-day notice requirement, and that applications will therefore not “time out” during the process.
The FAQs also make clear that if the creditor denies an application without ever sending the application to the SBA, the creditor must give notice of this adverse action within 30 days. It further clarifies that a creditor cannot deny a loan application based on incompleteness where the creditor has enough information for a credit decision but has yet to receive a loan number or response about the availability of funds from the SBA.
On May 3, May 5, and May 6, 2020, the Small Business Administration updated their Frequently Asked Questions (FAQs) on the Paycheck Protection Program (PPP) loans. Specifically, questions 40 - 45 were added this week covering topics like Employee Retention Credit, SBA’s affiliation rules, certification on the Borrower Application Form, seasonal employers, and loan forgiveness.
The Federal Reserve continues to regularly update their COVID-19 resource page, with the most recent update occurring on May 7, 2020.
On May 6, 2020, the Federal Reserve released a letter to all state member banks supervised by the Federal Reserve titled “Flood Insurance Compliance in Response to the Coronavirus.” In their release, the Fed explains that they have received questions from state member banks regarding flood insurance compliance requirements during the national emergency due to the COVID-19 outbreak (COVID-19 emergency). This letter provides two flood insurance questions and answers to assist state member banks in their efforts to meet the financial needs of their customers.
