On 2/18/2021, the Federal Reserve Board announced a final rule that should reduce risk and increase efficiency in the financial system by applying netting protections to a broader range of financial institutions. This final rule amends Regulation EE - which is the regulation on financial institution netting - to apply netting provisions to certain new entities including swap dealers. The rule would also make minor clarifications to the existing activities-based test in Regulation EE to clarify how the activities-based test applies following a consolidation of legal entities.

On 2/11/2021, the Federal Trade Commission (FTC) announced that they are banning the owners and operators of a vast payday lending scheme that overcharged consumers millions of dollars. The settlement also wipes out almost all of the outstanding debt owed to the entity as this debt was made up entirely of illegal finance charges. The organization operated online under the names Harvest Moon Financial, Gentle Breeze Online, and Green Stream Lending.

In their release, the FTC explained that the scheme used deceptive marketing to convince consumers that their loans would be repaid in a fixed number of payments. The FTC’s complaint alleged that the company instead continued to draw millions of dollars in payments from consumers’ bank accounts long after the loans’ original principal amount and stated repayment cost had been repaid, and would do so until consumers completely closed their bank accounts or found some other way to cut off payments.

On February 11, 2021, the CFPB published a blog post warning of online romance scams. As bankers often know first hand, consumers who have fallen for an online romance scam can be difficult to convince that they are a victim of a scam. This blog post from the Consumer Financial Protection Bureau (CFPB) may be something that could assist bankers in educating customers on the prevalence and risks of romance scams. After providing a brief introduction to romance scams, the blog post provides guidance on how to spot romance scammers, and concludes with tips to avoid romance scams.

For our Compliance Clip this week, we are providing a sample of our Winter 2021 Quarterly Compliance Update. Specifically, this video is the fifth and final video from our most recent quarterly update where we cover the changes in HMDA and CRA that took place during the fourth quarter of 2020. While there wasn’t much activity in these two areas this quarter - this video only runs 8 minutes long - this video provides a sample of what attendees can expect in our quarterly compliance updates. The entire program includes 5 different videos and runs 2 hours and 43 minutes - so you can see that this is just a small sample of our entire program.

On 2/9/2021, the Federal Reserve Board announced the second extension of a rule to bolster the effectiveness of the Small Business Administration's (SBA) Paycheck Protection Program (PPP). Like the earlier extensions, this one will temporarily modify the Board's rules so that certain bank directors and shareholders can apply to their banks for PPP loans for their small businesses.

On February 4, 2020, the Federal Trade Commission announced that they had received more than 2.1 million fraud reports from consumers in 2020. They noted that imposter scams remained the most common type of fraud reported while online shopping was the second-most common fraud category reported by consumers. The top five categories rounded out with internet services; prizes, sweepstakes, and lotteries; and telephone and mobile services.

VIDEO: Anti-Money Laundering Act of 2020

In this Compliance Clip (video), Adam provides an overview of 5 things that will likely come from the Anti-Money Laundering Act of 2020. As this new law will have significant implications in the BSA/AML world, it will be important for BSA/AML professionals to watch applicable developments that result from the Anti-Money Laundering Act of 2020.

On 2/2/2021, the NCUA announced that they will be hosting a webinar on Thursday, February 11, 2021, that will provide participants with an update on Chairman Todd M. Harper’s priorities, the agency’s supervisory activities, and recently issued guidance and regulations, among other topics. As some may recall, Chairman Harper was announced on 1/25/2021 as President Biden’s designated Chairman of the NCUA Board. Harper is also the NCUA director who, in October of 2020, requested comments regarding the NCUA’s approach to supervising institutions for regulatory compliance. In the announcement about the upcoming webinar, Mr. Harper is quoted as saying that he will share his “regulatory philosophy” with stakeholders during this webinar. Credit union compliance professionals may want to consider taking part in this webinar as it may shed some light on the direction of regulatory compliance supervision and enforcement from the NCUA going forward.