CFPB Issues Annual Reg Z Threshold Adjustments for 2024

Adam Witmer
Regulation Z, Regulatory Update

On September 18, 2023, the CFPB published a final rule to implement the annual adjustment requirements of Regulation Z. Specifically, the CFPB is required to calculate annually the dollar amounts for several provisions in Regulation Z, and the final rule revises, as applicable, the dollar amounts for provisions implementing TILA and amendments to TILA that impact Home Ownership and Equity Protection Act (HOEPA) and Qualified Mortgages The CFPB is adjusting these amounts, where appropriate, based on the annual percentage change reflected in the Consumer Price Index (CPI) in effect on June 1, 2023.

FinCEN Issues BOI Reporting Compliance Guide to for Small Businesses

Adam Witmer
Regulatory Update

On September 18, 2023, FinCEN published a Small Entity Compliance Guide to assist the small business community in complying with the beneficial ownership information (BOI) reporting rule.  The Compliance Guide is intended to help businesses determine if they are required to report their beneficial ownership information to FinCEN as starting in 2024, many entities created in or registered to do business in the United States will be required to report information about their beneficial owners.

FinCEN Fines Bancrédito International Bank $15M for BSA Violations

Adam Witmer
Regulatory Update, BSA

On September 15, 2023, FinCEN assessed a $15 million civil money penalty against Bancrédito International Bank and Trust Corporation (Bancrédito) for willful violations of the Bank Secrecy Act (BSA) and its implementing regulations. This is FinCEN’s first enforcement action against a Puerto Rican International Banking Entity (IBE), and includes the first violation for failure to implement and maintain an Anti-Money Laundering (AML) program also known as the “Gap Rule.”

Kentucky Judge Blocks Nationwide Enforcement of 1071 Final Rule

Adam Witmer
Regulation B, Regulatory Update

On September 15, 2023, the ABA Banking Journal published an article announcing a Ketucky federal judge’s nationwide injunction blocking enforcement of the CFPB’s Section 1071 final rule until the U.S. Supreme Court rules on the constitutionality of the bureau’s funding structure. The said injunction is separate from the ruling issued by a Texas judge in July, which only applied to ABA and Texas Bankers Association members.

VIDEO: 1071 Voluntary Collecting & Reporting

VIDEO: 1071 Voluntary Collecting & Reporting

Adam Witmer
Regulation B

In this Compliance Clip (video), Adam answers the question on whether a non-covered financial institution can voluntarily collect information on covered applications from a small business pursuant to the 1071 Final Rule. Adam explains the answer by discussing the different situations that the CFPB has provided through the Small Business Lending Rule Small Entity Compliance Guide. A transcript of this video is now available.

Court Rules CFPB 2022 Update on Exam Manual for UDAAP Invalid

Adam Witmer
Regulatory Update, UDAAP

On September 8, 2023, the United States District Court for the Eastern District of Texas issued a summary judgment vacating the CFPB’s March 2022 update to the UDAAP Chapter of the CFPB’s Supervision and Examination Manual - for members of the plaintiffs. This is after the plaintiffs - the ABA, the Texas Bankers Association, the U.S. Chamber of Commerce and several others - challenged the CFPB’s March 2022 interpretation in its Consumer Compliance Examination Manual of its authority to include discrimination as an unfair act or practice under its Consumer Financial Protection Act (CFPA) UDAAP authority. This ruling applies to members of the plaintiffs.

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