On April 26, 2023, the OCC issued a bulletin to banks to address the risks associated with overdraft protection programs. According to the OCC, overdraft protection programs can present a variety of risks, including compliance, operational, reputation, and credit risks. The bulletin discusses certain practices that may present heightened risk of violating prohibitions against unfair or deceptive acts or practices.

On April 26, 2023, the FDIC issued a supervisory guidance to its supervised institutions to ensure that supervised institutions are aware of the consumer compliance risks associated with assessing overdraft fees on a transaction that was authorized against a positive balance but settled against a negative balance (APSN). The guidance also clarifies that disclosures describing transaction processing may not mitigate the said risks.

On April 26, 2023, the CFPB issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations. The advisory opinion clarifies that a covered debt collector who brings or threatens to bring a state court foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act and its implementing regulation.

On April 25, 2023, four federal agencies issued a joint statement reiterating their commitment to enforce fairness, equality, and justice as the emerging use of automated systems, including those sometimes marketed as “artificial intelligence” or “AI,” have impacted  civil rights, fair competition, consumer protection, and equal opportunity. The Civil Rights Division of the United States Department of Justice, the Consumer Financial Protection Bureau, the Federal Trade Commission, and the U.S. Equal Employment Opportunity Commission released the joint statement outlining their enforcement efforts to protect the public from bias in automated systems and artificial intelligence.

On April 24, 2023, the FDIC published in the Federal Register a technical correction to the FDIC's Fair Housing Rule that makes a change to their Equal Housing Lending Poster. This is the second change to the FDIC’s Equal Housing Lending Poster in less than a year and financial institutions regulated by the FDIC should be aware of this change.