On June 3, 2022, the FTC issued a notice of proposed rulemaking to amend the Telemarketing Sales Rule. The proposed amendments would require telemarketers and sellers to maintain additional records of their telemarketing transactions, prohibit material misrepresentations and false or misleading statements in business to business (“B2B”) telemarketing transactions, and add a new definition for the term “previous donor.”

On June 3, 2022, the FTC published an article which talked about crypto scam losses. According to the latest FTC Consumer Protection Data Spotlight, more than 46,000 people have reported losing over $1 billion in crypto to scams since the start of 2021. That’s about one out of every four dollars reportedly lost to fraud during that period. According to the report, the median individual reported loss is $2,600.

VIDEO: Filing Name in a Suspicious Activity Report

In this Compliance Clip, Adam discusses what FinCEN recommends for using as a title for the “filing name” of a Suspicious Activity Report. While most financial institutions probably figured this out over a decade ago, it’s important to make sure you are still following this guidance in your institution.

On 6/1/2022, the FDIC’s website was updated to reflect two amended sections of its Consumer Compliance Examination Manual. Specifically, the sections updated including the section on Examination and Visitation Frequency as well as the section on the Electronic Fund Transfer Act. The Consumer Compliance Examination Manual is a valuable resource for FDIC-regulated banks, as this document is a primary resource utilized by FDIC examiners when conducting oversight of FDIC-regulated banks.

On May 26, 2022, the CFPB confirmed that federal anti-discrimination law requires companies to explain to applicants the specific reasons for denying an application for credit or taking other adverse actions, even if the creditor is relying on credit models using complex algorithms. The CFPB published a Consumer Financial Protection Circular to remind the public, including those responsible for enforcing federal consumer financial protection law, of creditors’ adverse action notice requirements under the ECOA.

On May 24, 2022, the CFPB announced that it is opening a new office, the Office of Competition and Innovation, as part of a new approach to help spur innovation in financial services by promoting competition and identifying stumbling blocks for new market entrants. The office will replace the Office of Innovation that focused on an application-based process to confer special regulatory treatment on individual companies. With the new office, the CFPB will be able to analyze obstacles to open markets, better understand how big players squeeze smaller ones out, and host incubation events, in order to enhance user choice in the financial world.

On May 20, 2022, the FDIC published its 2022 Risk Review which is a comprehensive summary of emerging risks in the U.S. banking system as observed in 2021. Compared to previous years' Risk Reviews, the 2022 Risk Review examines operational risk to banks, such as cyber threats and illicit activity, as well as climate-related financial risks to banks. Monitoring these risks is among the FDIC's top priorities.

On May 18, 2022, in line with the final rule to amend the deposit insurance regulations for trust accounts and mortgage servicing accounts, the FDIC published the Small Entity Compliance Guide to its website to assist insured depository institutions and community banking organizations in understanding and preparing for the said changes. The compliance guide includes information on applicable statutes, overview of changes for certain types of trust deposits, overview of changes for mortgage servicing accounts, and the changes’ effect on small entities.