On 9/16/20, the Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on a number of questions pertaining to potential regulatory amendments under the Bank Secrecy Act (BSA). Specifically, FinCEN explained in their advisory that they are seeking comment on creating a new AML program component, referred to as an “effective and reasonably designed” AML program component, so that financial institutions can be empowered to allocate resources more effectively. FinCEN also explained that this component would also seek to create an understanding between financial institutions and their regulators regarding which AML program elements are deemed necessary, while imposing minimal additional obligations under the existing supervisory framework.

On 9/15/20, the Consumer Financial Protection Bureau (CFPB) issued an “Outline of Proposals Under Consideration and Alternatives Considered for Section 1071 of the Dodd-Frank Act.” This release explains how the CFPB is currently working to implement Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act that will create a requirement for financial institutions to compile, maintain, and report certain data on applications for credit from women-owned, minority-owned, and small businesses.

On 9/14/2020, the Financial Action Task Force (FATF) issued a report called “Virtual Assets Red Flag Indicators of Money Laundering and Terrorist Financing.” This 24-page report was designed to help government agencies detect whether virtual assets are being used for criminal activity. Specifically, the report highlights key red flag indicators - that were identified through more than 100 case studies - that could suggest criminal behavior. The red flag indicators included in the report could assist financial institutions in detecting and reporting suspicious activity related to virtual assets.

During the third quarter of 2020, the CFPB has settled with several different mortgage companies in relationship to their advertising practices for VA-guaranteed loans. Referred to as a “sweeping effort” by the CFPB, several lenders throughout the country have been issued consent orders and fines related to their inappropriate advertising practices which often violated several laws including UDAAP and Regulation Z.

On 9/4/2020, the Federal Trade Commission (FTC) issued a statement regarding their efforts to cease operations of an auto group. The court-approved settlement resolves charges that the dealerships deceived consumers and falsified information on vehicle financing applications. According to their statement, the FTC explained that the auto group “ falsified consumers’ income and down payment information on vehicle financing applications and misrepresented important financial terms in vehicle advertisements.”

On 8/31/2020, the CFPB issued a report that examines the early effects of the COVID-19 pandemic on consumer credit. In their release, the CFPB explains that consumers have not experienced significant increases in delinquency or other negative credit outcomes despite the sharp increases in unemployment caused by the pandemic. In addition, the release explains that creditors and lenders increased payment assistance to borrowers where student loan and first-lien mortgage accounts had the largest increase in assistance in terms of magnitude, but increases in assistance on auto loan and credit card accounts were also substantial. Further more, the report found that credit card debt access was reduced by financial institutions, but the effects of this appear to be “small in magnitude.”

On 9/1/2020, the five joint regulatory agencies announced that they extended the comment period to revise the Interagency Questions and Answers Regarding Flood Insurance (Interagency Questions and Answers) until November 3, 2020.

In their release, the agencies explain that they extended the comment period because of the extent of the revisions proposed by the agencies and in light of the challenges associated with the COVID-19 pandemic.

On 9/1/2020, the Financial Crimes Enforcement Network (FinCEN) released a statement advising against SAR Disclosure by various media outlets:

“The Financial Crimes Enforcement Network (FinCEN) is aware that various media outlets intend to publish a series of articles based on unlawfully disclosed Suspicious Activity Reports (SARs), as well as…