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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.

The Federal Reserve Board yesterday announced it is seeking public input around the operational practices of the discount window, which provides short-term credit for banks and credit unions. Feedback gathered through this process will be used by the Board and the Reserve Banks, which administer the discount window, to further improve the efficiency and ease of access to discount window and intraday credit.

The request for information seeks input on Federal Reserve operational practices, including: the collection of legal documentation; the process for pledging and withdrawing collateral; the process for requesting, receiving, and repaying discount window loans; the extension of intraday credit; and Reserve Bank communication practices related to the discount window and intraday credit.

The comment period will close 90 days after the request for information is published in the Federal Register.

Yesterday, the FDIC announced that its Board selected Boston Consulting Group (BCG) Federal Corporation to advise and assist the agency as it implements its Action Plan for a Safe, Fair, and Inclusive Work Environment, which includes recommendations from a separate independent third-party review and the FDIC Office of the Inspector General. These initiatives are intended to improve FDIC workplace culture, policies, procedures and structures affecting interpersonal misconduct. BCG Federal will report directly to the Board.

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.

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.
  

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.

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.

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.

The Federal Trade Commission reports that new data show a massive increase in the amount of money consumers report losing to scammers involving Bitcoin ATM machines. Since 2020, the amount consumers reported losing has increased nearly tenfold to over $110 million in 2023.

In a newly released data spotlight, the FTC says that fraud losses to Bitcoin ATMs have topped $65 million in just the first six months of 2024. During this timeframe, consumers over the age of 60 were more than three times as likely as younger adults to report losing money to Bitcoin ATM scams. Across all ages, the median loss reported in the first half of this year was a staggering $10,000.

The majority of scam losses involving Bitcoin ATMs come as a result of government impersonation, business impersonation, and tech support scams. The lies told by scammers vary, but they all create some urgent justification for consumers to take cash out of their bank accounts and put it into a Bitcoin ATM. As soon as consumers scan a QR code provided by scammers at the machine, their cash is deposited straight into the scammers’ crypto account.

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:

• Bank of Bridger, National Association, Bridger, MT
• (The) Citizens National Bank of Meridian, Meridian, MS
• Farmers National Bank, Phillipsburg, KS
• Home National Bank, Racine, OH
• Malaga Bank, F.S.B., Palos Verdes Peninsula, CA
• (The) Security National Bank of Sioux City, Iowa, Sioux City, IA
• Universal Bank, West Covina, CA

The NCUA has reported it has permanently prohibited Luz Araceli Davila-Hernandez, a former employee of Magnifi Financial Credit Union, Melrose, Minnesota, from ever working for a federally insured depository institution.

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

The OCC has released its schedule of Community Reinvestment Act (CRA) evaluations to be conducted in the fourth quarter of 2024 and the first quarter of 2025.

The FDIC has also issued its Q4 2024 and Q1 2025 CRA exam schedules.

The CFPB has announced it has taken action against repeat offender New Day Financial (NewDay USA) for deceiving active duty servicemembers and veterans seeking cash-out refinance loans. The CFPB found that NewDay USA gave misleading and incomplete cost comparisons to borrowers refinancing in North Carolina, Maine, and Minnesota, which made the company’s loans appear less expensive relative to their existing mortgages. The CFPB is ordering NewDay USA to pay a $2.25 million civil penalty to the CFPB’s victims relief fund.

New Day Financial, LLC is a non-bank direct mortgage lender headquartered in West Palm Beach, Florida, and specializes in offering mortgage loans guaranteed by the United States Department of Veterans Affairs (VA). The company currently operates under the brand NewDay USA, and uses patriotic imagery and other marketing tactics to build trust with military-connected families. Since at least 2015, NewDay USA has provided cash-out refinance loans to consumers, including veterans and active-duty servicemembers.

The CFPB said that NewDay USA gave borrowers misleading information about the costs of its cash-out refinances. Specifically, for the “new loan” payment amount listed on disclosures provided to consumers, NewDay USA included only the principal and interest payments. It then presented a side-by-side comparison of the “new loan” payment amount with that of the “previous loan” payment amount, which included principal, interest, taxes, and insurance. This made NewDay USA cash-out refinance loans appear less expensive relative to consumers’ original mortgages, but for many consumers the refinanced loans were more expensive. NewDay USA originated at least 3,000 cash-out refinances in North Carolina and Maine through 2020 and Minnesota through 2018, most of which included the misleading comparisons.

The CFPB previously took action against New Day Financial in 2015 for paying illegal kickbacks and deceiving borrowers about a veterans’ organization’s endorsement of NewDay USA products.

In an August 29 company statement, NewDay USA CEO Rob Posner said, “Today, after yet another exhaustive, government-funded investigation, the CFPB has unearthed nothing more than clerical errors that caused no financial harm to Veteran borrowers.... NewDay operates in 44 states and the District of Columbia. The CFPB claims involved only three of those states, and focused on a single type of disclosure that was accurately provided to these consumers on a half-dozen other federally mandated disclosures and closing documents.”

Editor's Note: This story first appeared on August 30, 2024. It has been revised to remove a reference to "loan churning," which the CFPB did not accuse NewDay USA of, and to include part of Mr. Posner's statement.