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Top Story Compliance Related

09/11/2024

FinCEN updates BOI FAQs

FinCEN has updated its Beneficial Ownership Information FAQs webpage, adding Reporting Company questions C.15 and C.16, and updating Reporting Company question C.14 and Initial Report question G.4.

09/10/2024

FCC proposes consumer protections from AI abuse in robocalls

The Federal Communications Commission has published [89 FR 73321] a proposed rule with steps to protect consumers from the abuse of Artificial Intelligence (AI) in robocalls alongside actions that clear the path for positive uses of AI, including its use to improve access to the telephone network for people with disabilities.

Specifically, the proposal would define AI-generated calls, adopt new rules that would require callers disclose to consumers when they receive an AI-generated call, adopt protections for consumers to ensure that callers adequately apprise them of their use of AI-generated calls when consumers affirmatively consent to receive such calls, and adopt protections to ensure that positive uses of AI that have already helped people with disabilities use the telephone network can thrive without threat of Telephone Consumer Protection Act (TCPA) liability. The document also seeks additional comment and information on developing technologies that can alert consumers to unwanted or illegal calls and texts, including AI-generated calls.

Comments on the proposal are due by October 10, 2024, and reply comments are due by October 25, 2024.

09/06/2024

Report on CFPB FDCPA activities

The CFPB has released its annual report to Congress summarizing the Bureau's activities to administer the Fair Debt Collection Practices Act (FDCPA) in 2023 as the primary federal regulator of the consumer debt collection industry. The report also includes activities related to the debt collection industry that were conducted by the Federal Trade Commission in 2023 and highlights consumer protection issues in medical and rental debt collection.

09/05/2024

U.S. acts to protect elections from Moscow's malign influence

The Treasury Department yesterday announced that OFAC has designated 10 individuals and two entities as part of a coordinated U.S. government response to Moscow’s malign influence efforts targeting the 2024 U.S. presidential election. Beginning in early 2024, executives at RT—Russia’s state-funded news media outlet—began a nefarious effort to covertly recruit unwitting American influencers in support of their malign influence campaign. RT used a front company to disguise its own involvement or the involvement of the Russian government in content meant to influence U.S. audiences.

Yesterday’s designations complement law enforcement actions taken by the Department of Justice and the Department of State’s designation of the Rossiya Segodnya media group and five of its subsidiaries, RIA Novosti, RT, TV-Novosti, Ruptly, and Sputnik, as Foreign Missions, steps to impose visa restrictions, and release of a Rewards for Justice (RFJ) reward offer of up to $10 million relating to information pertaining to foreign interference in a U.S. election.

For the names and identification information of the designated parties, and information on related OFAC actions, see this September 4, 2024, BankersOnline OFAC Update.

09/05/2024

Fed Board issues two enforcement actions

The Federal Reserve Board has announced it has issued enforcement actions against two banks.

  • First Interstate Bank, Billings, Montana, was assessed a $70,000 civil money penalty for a pattern or practice of violations of Regulation H, 12 C.F.R. § 208.25, which implements the requirements of the National Flood Insurance Act.
  • United Texas Bank, Dallas, Texas, received a consent cease and desist order issued jointly by the Federal Reserve Board and the Texas Department of Banking after a May 2023 examination identified deficiencies in its BSA/AML compliance program.

09/05/2024

Federal Reserve Banks list 10 CRA evaluations released in August

The Federal Reserve Board's archive of CRA evaluation reports include ten that were made public in August 2024. Eight of the ten evaluated banks received Satisfactory ratings. One, in Greenwich, Connecticut, received a Needs to Improve. And one bank, Central Savings Bank, Sault Sainte Marie, Michigan, received an Outstanding rating on its evaluation.

09/05/2024

FDIC lists 54 bank CRA evaluations

The FDIC has released its September 2024 list of FDIC-supervised financial institutions whose CRA evaluations were recently made public. Of the 54 institutions listed, two banks — one based in Utah, the other in Pennsylvania — received "Needs to Improve" ratings. Satisfactory ratings were issued to the other 52 institutions.

09/04/2024

Six credit rating agencies fined for recordkeeping failures

The Securities and Exchange Commission yesterday announced charges against six nationally recognized statistical rating organizations, or NRSROs, for significant failures by the firms and their personnel to maintain and preserve electronic communications. The firms admitted the facts set forth in their respective SEC orders; acknowledged that their conduct violated recordkeeping provisions of the federal securities laws; agreed to pay combined civil penalties of more than $49 million; and have begun implementing improvements to their compliance policies and procedures to address these violations.

  • Moody’s Investors Service, Inc. agreed to pay a $20 million civil penalty;
  • S&P Global Ratings agreed to pay a $20 million civil penalty;
  • Fitch Ratings, Inc. agreed to pay an $8 million civil penalty;
  • HR Ratings de México, S.A. de C.V. agreed to pay a $250,000 civil penalty;
  • A.M. Best Rating Services, Inc. agreed to pay a $1 million civil penalty; and
  • Demotech, Inc. agreed to pay a $100,000 civil penalty.

09/04/2024

OCC releases 17 CRA evaluations

The OCC has released CRA evaluations for 17 national banks and federal savings associations whose evaluations became public in August. Ten of the evaluations are rated Satisfactory. We congratulate seven institutions for receiving evaluations with an Outstanding rating:

09/03/2024

FDIC July enforcement actions

The FDIC has released a list of enforcement orders issued in July 2024.

  • A Consent Order against The State Exchange Bank, Lamont, Oklahoma
  • A Consent Order against Chesterfield State Bank, Chesterfield, Illinois
  • Prohibition orders against:
    • Raqeel Rashida Alsalam, formerly affiliated with First-Citizens Bank & Trust Company, Raleigh, North Carolina
    • Brent D. Torgerson, formerly affiliated with The Union Bank, Beulah, North Dakota
    • Samuel Ortiz-Perez, formerly affiliated with FirstBank Puerto Rico, Santurce, Puerto Rico
    • Leann Athas, formerly affiliated with Bank of Montana, Missoula, Montana

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