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Exception Tracking Spreadsheet (TicklerTrax™)
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01/08/2025

CFPB publishes annual CMP inflation adjustments

The CFPB has scheduled a final rule making inflation adjustments to civil money penalty limits within its jurisdiction for publication in the January 8, 2025, Federal Register. The rule, which will become effective January 15, 2025, amends the CFPB's regulation at 12 C.F.R. part 1083.

The multiplier for the 2025 annual adjustment is 1.02598, as determined by the Office of Management and Budget. For example, the maximum Consumer Financial Protection Act Tier 3 penalty for knowingly violating a federal consumer financial law will increase to $1,443,275 for each day the violation continues.

01/07/2025

CFPB finalizes rule to remove medical bills from credit reports

This morning, the CFPB announced it has finalized a rule amending Regulation V, which implements the Fair Credit Reporting Act (FCRA), that will remove an estimated $49 billion in medical bills from the credit reports of about 15 million Americans. The CFPB’s action will ban the inclusion of medical bills on credit reports used by lenders and prohibit lenders from using medical information in their lending decisions.

The CFPB said the rule will increase privacy protections and prevent debt collectors from using the credit reporting system to coerce people to pay bills they don’t owe. The CFPB has found that medical debts provide little predictive value to lenders about borrowers’ ability to repay other debts, and consumers frequently report receiving inaccurate bills or being asked to pay bills that should have been covered by insurance or financial assistance programs.

The CFPB’s final rule brings regulations in line with Congress’s decision to safeguard consumers’ privacy by restricting lenders from obtaining or using medical information, including information about medical debts. Federal financial regulators later created an exception to this restriction, allowing creditors to consider medical debts. This carveout has enabled debt collectors to use the credit reporting system to coerce payments from patients for inaccurate or false medical bills.

The amendments to Regulation V will become effective 60 days after the final rule is published in the Federal Register.

01/07/2025

OFAC issues Syria General License

Yesterday, OFAC issued Syria General License 24 to expand authorizations for activities and transactions in Syria following the end of Bashar al-Assad's oppressive regime on December 8, 2024. This action underscores the United States’ commitment to ensuring that U.S. sanctions do not impede activities to meet basic human needs, including the provision of public services or humanitarian assistance. This authorization is for six months, as the U.S. government continues to monitor the evolving situation on the ground.

For a link to the new General License and related new and revised FAQs, see yesterday's BankersOnline OFAC Update.

01/07/2025

Barr to step down as vice chair for supervision

The Federal Reserve Board has announced that Michael S. Barr will step down from his position as Federal Reserve Board Vice Chair for Supervision, effective February 28, 2025, or such earlier time as a successor is confirmed. Barr will continue to serve as a member of the Federal Reserve Board of Governors.

The Board stated it "does not intend to take up any major rulemakings until a vice chair for supervision successor is confirmed."

01/06/2025

CFPB sues Vanderbilt for unaffordable home-purchase loans

The CFPB this morning announced it has sued Vanderbilt Mortgage & Finance for setting families up to fail when they borrowed money to buy a manufactured home. The CFPB alleges that Vanderbilt’s business model ignored clear and obvious red flags that the borrowers could not afford the loans. As a result, many families found themselves struggling to make payments and meet basic life necessities. Vanderbilt charged many borrowers additional fees and penalties when their loans became delinquent, and some eventually lost their homes. The CFPB is seeking to stop Vanderbilt’s illegal practices and obtain relief for the harmed homeowners.

Vanderbilt Mortgage & Finance, Inc. is a nonbank financing company based in Maryville, Tennessee that originates loans for manufactured homes across the country. Vanderbilt is a unit of Clayton Homes, Inc., which is the largest manufactured home builder in the U.S. and a wholly owned subsidiary of Berkshire Hathaway, Inc., the multinational conglomerate based in Omaha, Nebraska.

The CFPB alleges that Vanderbilt failed to make reasonable, good-faith determinations of borrowers’ ability to repay loans, as legally required. Specifically, the lawsuit alleges Vanderbilt:

  • Manipulated lending standards when borrowers did not make sufficient income
  • Fabricated unrealistic estimates of living expenses
  • Made loans to borrowers it projected could not pay

The CFPB alleges that Vanderbilt violated the Truth in Lending Act and Regulation Z.

01/06/2025

FDIC releases 72 CRA evaluation ratings

The FDIC has released its January 2025 list of banks recently examined for compliance with the Community Reinvestment Act (CRA). Of the 72 banks listed, 66 received evaluation ratings of Satisfactory.

Hill Bank & Trust Co., Weimar, Texas, received a "Needs to Improve" rating. These five banks received ratings of "Outstanding":

The links above are to the banks' CRA evaluations.

01/06/2025

FTC fines accessiBe Inc. $1M for deceptive claims

The Federal Trade Commission has reported it will require software provider accessiBe to pay $1 million to settle allegations that it misrepresented the ability of its AI-powered web accessibility tool to make any website compliant with the Web Content Accessibility Guidelines (WCAG) for people with disabilities.

New York-based accessiBe Inc. and accessiBe Ltd. (accessiBe) market and sell a web accessibility software plug-in called accessWidget that the company has said can make any website compliant with WCAG, a comprehensive set of technical criteria used to assess website accessibility. The company made the claims on its website, on social media, and in articles on third-party websites formatted to look like impartial and objective reviews.

According to the FTC's complaint, despite the company’s claims, accessWidget did not make all user websites WCAG-compliant and these claims were therefore false, misleading, or unsubstantiated, in violation of the FTC Act. In addition, the complaint alleges that accessiBe deceptively formatted third-party articles and reviews to appear as if they were independent opinions by impartial authors and failed to disclose the company’s material connections to the supposedly objective reviewers.

01/06/2025

Beijing-based cybersecurity company sanctioned

The Treasury Department has reported that OFAC has sanctioned Integrity Technology Group, Incorporated, a Beijing-based cybersecurity company, for its role in multiple computer intrusion incidents against U.S. victims. These incidents have been publicly attributed to Flax Typhoon, a Chinese malicious state-sponsored cyber group that has been active since at least 2021, often targeting organizations within U.S. critical infrastructure sectors.

Chinese malicious cyber actors continue to be one of the most active and most persistent threats to U.S. national security, as highlighted in the most recent Office of the Director of National Intelligence Annual Threat Assessment. These actors continue to target U.S. government systems as part of their efforts, including the recent targeting of Treasury’s own IT infrastructure.

For identification information on Integrity Technology, see the January 3, 2025, BankersOnline OFAC Update.

01/03/2025

OCC releases 16 CRA performance evaluations

The OCC has released a list of Community Reinvestment Act performance evaluations that became public during the month of December 2024. Thirteen of the institutions on the list received a CRA rating of Satisfactory.

Ratings of Outstanding were listed for —

01/02/2025

NCUA bars two from industry

The National Credit Union Administration has announced it has permanently prohibited two individuals from participating in the affairs of any federally insured depository institution.

  • Demetria Baker, former chief executive officer at Lynchberg Municipal Federal Employees Credit Union (LMFECU), Lynchburg, Virginia, was issued a prohibition order after a finding that she made a series of loans to herself and her son that were in violation of LMEFCU policies for approval, documentation, or underwriting, and that a significant amount of cash was removed from a cash drawer that was only accessible to her.
  • Teresa Paulo, a former employee at Southern Pine Credit Union, Valdosta, Georgia, received a notice of prohibition after she was convicted and sentenced for aggravated identity theft and bank fraud resulting from her misconduct at the credit union

01/02/2025

House prices continue upward climb

The Federal Housing Finance Agency has reported that U.S. house prices rose 0.4 percent in October, according to the FHFA’s seasonally adjusted monthly House Price Index. House prices rose 4.5 percent from October 2023 to October 2024. The previously reported 0.7 percent price growth in September remained unchanged.

“Annual house price gains have been trending down since February, stabilizing around 4.5 percent during the last three months,” said Dr. Anju Vajja, Deputy Director for FHFA’s Division of Research and Statistics. “Even with elevated house prices and mortgage rates putting continued pressure on affordability, house prices continued to grow at a steady rate, likely due to a historically low inventory of homes for sale.”

01/02/2025

SkyGeek Logistics settles with OFAC

OFAC has announced a $22,172 settlement with SkyGeek Logistics, Inc. SkyGeek agreed to settle its potential civil liability for six apparent violations of OFAC sanctions related to Russia’s aerospace and technology sectors.

In 2024, SkyGeek attempted two refunds and sent four shipments to two Specially Designated Nationals in the United Arab Emirates sanctioned in connection with these sectors. The settlement amount reflects OFAC's determination that the apparent violations were non-egregious and that certain of its conduct was voluntarily self-disclosed.

Additional details are available in OFAC's enforcement release, which indicates that two of SkyGeek's apparent transaction violations were blocked and reported to OFAC by a financial institution.

01/02/2025

Russian judge and election interference targets sanctioned

The Treasury Department on Tuesday reported OFAC sanctions actions.

  • A Russian judge was sanctioned for her role in the arbitrary detention of Moscow city councilor and human rights defender Alexei Gorinov. The judge was designated under the authority of Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption.
  • OFAC also designated a subordinate organization of Iran’s Islamic Revolutionary Guard Corps (IRGC), and a Moscow-based affiliate organization of the Russian Main Intelligence Directorate (GRU) and its director under the authority of Executive Order 13848 (U.S. election interference). As affiliates of the IRGC and GRU, these actors aimed to stoke socio-political tensions and influence the U.S. electorate during the 2024 U.S. election.

For the names and identification information of the designated parties, see Tuesday's BankersOnline OFAC Update.

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