Find Top Stories by Day or Week

The FDIC has today published [90 FR 3212] its notice of maximum civil money penalties in 2025 as adjusted for inflation. The adjusted maximum amounts are applicable to penalties assessed after January 15, 2025, for conduct occurring on or after November 2, 2015.

The CFPB yesterday announced a new report, Flood Risk and the U.S. Mortgage Market, which found significant differences in the likelihood that homeowners with a mortgage are adequately insured against flooding based both on location and on income and assets. According to findings, homeowners in coastal areas were most likely to have flood insurance and generally had higher incomes and assets, suggesting that they were the best positioned to recover from flooding. Homeowners living near inland streams and rivers, however, were less likely to have flood insurance and less likely to have other financial resources to draw on to recover from a flood. The report uses a sample of mortgage applications from 2018-2022.

This report looks at flood risk in the southeast and central southwest census regions of the United States, as measured by flood risk data from both the Federal Emergency Management Agency (FEMA) and the First Street Foundation. FEMA's assessment of flood risk is retrospective and focuses mostly on coastal flooding, while the First Street Foundation data better identifies inland flooding as well as having a forward-looking measure of flood risk. The analysis shows that the flood risk exposure of the mortgage market is more extensive and more geographically dispersed than previously understood. Homeowners can have significantly different access to insurance and therefore sharply different financial outcomes based on whether their risk of flooding comes from the coast or from inland rivers, streams, rainfall, and stormwater flooding.

Key findings include:

• Current flood insurance maps may not capture accurate flood risk exposure.
• Over 400,000 homes may be underinsured for flooding events in the southeast and central southwestern parts of the country alone.
• Homeowners who may be underinsured for flood risk also are least likely to be able to self-insure and recover from flooding.

OCC Bulletin 2025-1, issued Friday, announces publication [90 FR 1848] in the Federal Register of a schedule of maximum civil money penalties applicable to national banks and federal savings associations as adjusted for inflation. The adjusted maximum amount of civil money penalties in this announcement are applicable to penalties assessed on or after January 10, 2025, for conduct occurring on or after November 2, 2015.

The Federal Reserve Board has published [90 FR 2607 in today's Federal Register] a similar notice adjusting the maximum civil money penalties for 2025 for violations by banks and holding companies for which the Federal Reserve System is their primary federal regulator.

The CFPB has issued a reminder that payday and installment lenders must begin complying with the Bureau's Payday, Vehicle Title, and Certain High-Cost Installment Loans Rule (12 C.F.R. 1041) by March 30, 2025.

The regulation was originally set to take effect in 2019 but was delayed by litigation brought to block the rule. The court of appeals hearing the case ultimately rejected the payday lenders’ claims, affirmed the rule, and upheld the CFPB’s finding that the prohibited practice was unfair. More recently, it rejected the payday lenders’ efforts to further delay the rule and confirmed that the rule will finally take effect March 30, as the CFPB previously announced.

The Consumer Financial Protection Bureau on Friday announced it is seeking public input on strengthening privacy protections and preventing harmful surveillance in digital payments, particularly those offered through large technology platforms. The agency is requesting comment on implementing existing financial privacy law and how to address intrusive data collection and personalized pricing. Comments will be accepted through April 11, 2025.

Additionally, the CFPB requested comments by March 31, 2025, on a proposed interpretive rule outlining how the Electronic Fund Transfer Act, which provides consumers with protections against errors and fraud, applies to new types of digital payment mechanisms, such as those currently offered through large technology companies and video gaming platforms, as well as stablecoins and other digital currencies that are not widely used today in consumer transactions. The Bureau also posted a Blog article requesting emailed comments by March 31, 2025, from electronic gamers and the general public on their experiences with video game currencies.

PUBLICATION UPDATES:

• The proposed Regulation E interpretive rule was published at 90 FR 3723 in the 1/15/2025 Federal Register.
• The request for information regarding collection, use, and monetization of consumer payment and other personal financial data was published at 90 FR 3804 on 1/15/2025.

On Friday, the Treasury Department reported actions to fulfill the G7 commitment to reduce Russian revenues from energy, including blocking two major Russian oil producers. These actions also impose sanctions on an unprecedented number of oil-carrying vessels, many of which are part of the “shadow fleet,” opaque traders of Russian oil, Russia-based oilfield service providers, and Russian energy officials. The actions are underpinned by the issuance of a new determination that authorizes sanctions pursuant to Executive Order 14024 against persons operating or having operated in the energy sector of the Russian Federation economy. The Department of State also took steps to reduce Russia’s energy revenues by blocking two active liquefied natural gas projects, a large Russian oil project, and third-country entities supporting Russia’s energy exports. State also designated numerous Russia-based oilfield service providers and senior officials of State Atomic Energy Corporation Rosatom.

Treasury also reported that OFAC has sanctioned eight Venezuelan officials who lead key economic and security agencies enabling Nicolas Maduro’s repression and subversion of democracy in Venezuela. In addition, OFAC sanctioned high-level Venezuelan officials in the military and police who lead entities with roles in carrying out Maduro’s repression and human rights abuses against democratic actors.

For the names and identification information of the designated individuals, entities, and vessels, see this BankersOnline OFAC Update.

The CFPB has published [90 FR 2434] in this morning's Federal Register its Residential Property Assessed Clean Energy (PACE) Financing Rule, which it finalized on December 17, 2024. The final rule is scheduled to become effective on March 1, 2026.

Section 307 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) directs the CFPB to prescribe ability-to-repay rules for PACE financing and to apply the civil liability provisions of the Truth in Lending Act (TILA) for violations. PACE financing is financing to cover the costs of home improvements that results in a tax assessment on the real property of the consumer. In this final rule, the CFPB implements EGRRCPA section 307 and amends Regulation Z to address how TILA applies to PACE transactions.

Yesterday, Federal Reserve Governor Michelle W. Bowman spoke at the California Bankers Association 2025 Bank Presidents Seminar, providing her reflections on 2024. Governor Bowman gave her insights on monetary policy, economic performance, and lessons for banking regulation.

The CFPB has announced its recognition of Financial Data Exchange, Inc. (FDX) as a standard-setting body under the CFPB’s Personal Financial Data Rights rule. The order of recognition is the first to be issued under the rule. The Personal Financial Data Rights rule, which was released in October 2024, requires financial institutions, credit card issuers, and other financial providers to unlock an individual’s personal financial data and transfer it to another provider at the consumer’s request for free. The CFPB established a formal application process outlining the qualifications to become a recognized industry standard setting body, which can issue standards that companies can use to help them comply with the CFPB’s rule.

The CFPB's order of recognition, valid for five years, includes conditions, such as:

• A ban on "pay-to-play" and other conflicts of interest
• Mandatory reporting on market adoption
• Transparency and availability of standards

The CFPB also issued updated procedures for how companies can request special regulatory treatment, such as a no-action letter. The procedures seek to increase transparency and reduce favoritism for individual companies.

• Updated Policy Statement on No-Action Letters
• Updated Policy Statement on Compliance Assistance Sandbox Approvals

The Federal Reserve Board's archive of Community Reinvestment Act evaluations includes 10 evaluations released by the Reserve Banks in December 2024. All 10 of those evaluations received ratings of Satisfactory.

The OCC has issued a proclamation allowing national banks, federal savings associations, and federal branches and agencies of foreign banks to close offices in areas of California affected by wildfires.

In issuing the proclamation, the OCC expects that only those bank offices directly affected by potentially unsafe conditions will close. Those offices should make every effort to reopen as quickly as possible to address the banking needs of their customers.

• OCC news release, 1/8/2025

The CFPB yesterday sent an email reminder that the filing period fro HMDA data collected in 2024 opened on January 1, 2025, and submissions will be considered timely if received on or before Monday, March 3, 2025.

As of January 1, 2025, users logging into the HMDA Platform will need to login via Login.gov, which utilizes multifactor authentication (MFA). Users will no longer have the option to sign in using the existing process. To facilitate this change, a Quick Reference Guide and Frequently Asked Questions have been created to help users establish a Login.gov account. Users may only use business email addresses; accounts associated with a personal email domain will not be accepted.

The CFPB yesterday announced it has sued Experian Information Solutions, Inc., the nationwide consumer reporting agency, for unlawfully failing to properly investigate consumer disputes. The CFPB alleges that Experian does not take sufficient steps to intake, process, investigate, and notify consumers about consumer disputes, resulting in the inclusion of incorrect information on credit reports.

Specifically, the CFPB alleges that Experian is harming consumers by:

• Conducting sham investigations that fail to properly address consumer disputes
• Improperly reinserting inaccurate information on consumer report

The CFPB also alleges that Experian’s faulty dispute intake procedures and failure to provide furnishers with consumer-submitted documentation, uncritical deference to furnishers’ responses to disputed information, and failure to prevent improper tradeline reinsertions also violate the Consumer Financial Protection Act’s prohibition on unfair acts or practices.

• CFPB's complaint

The Treasury Department yesterday issued two announcements of actions taken by its Office of Foreign Assets Control (OFAC):

• The sanctioning of Mohammad Hamdan Daglo Mousa (Hemedti), the leader of Sudan’s Rapid Support Forces (RSF), and seven companies and one individual linked to the RSF.
• The sanctioning of Antal Rogan, a senior Hungarian government official, for his involvement in corruption in Hungary. He was designated under the authority of Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act.

For more information on the designated individuals and entities, see yesterday's BankersOnline OFAC Update.

The CFPB has published a final rule making inflation adjustments to civil money penalty limits within its jurisdiction at 90 CFR 1355 in this morning's 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.

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.

• U.S. Treasury Department press release

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."

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.

• Unofficial redline of the Regulation V amendments
• Executive Summary of the rule
• Publication and effective date information: Published 01/14/2025 at 90 FR 1022, with an effective date of 03/17/2024, corrected to 03/17/2025 in a correction published 01/27/2025 at 90 FR 8173

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.

• Proposed consent order
• Request for public comment on proposed consent order (published today)

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.

• Complaint against Vanderbilt

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":

• Garfield County Bank, Jordan, Montana
• Mt. McKinley Bank, Fairbanks, Alaska
• Open Bank, Los Angeles, California
• Spring Bank, Brookfield, Wisconsin
• Truist Bank, Charlotte, North Carolina

The links above are to the banks' CRA evaluations.

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.

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 —

• The First National Bank of Sparta, Sparta, Illinois
• First Seacoast Bank, Dover, New Hampshire
• Metropolitan Bank and Trust Company, New York, New York

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

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.”

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.

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.

The Federal Trade Commission has reported it has referred its federal court case against online cash advance firm Dave Inc. to the U.S. Department of Justice (DOJ), which has filed an amended complaint in the case that names Dave CEO Jason Wilk as a defendant and seeks civil penalties.

The FTC first brought its case against Dave in November 2024, charging that the company uses misleading marketing to deceive consumers about the amount of its cash advances, charges consumers undisclosed fees, and charges so-called “tips” to consumers without their consent.

The amended complaint charges Dave and Wilk with violating the FTC Act and the Restore Online Shoppers’ Confidence Act and seeks both refunds for consumers and civil penalties against the defendants, as well as asking the court to stop the company’s unlawful actions.

• FTC Case file information

The Consumer Financial Protection Bureau yesterday published [89 FR 106446] a notice to advise credit card issuers that they may voluntarily submit credit card price and availability data through the CFPB's Terms of Credit Card Plans (TCCP) Survey.

The NMLS has posted a reminder that its annual renewal period for Mortgage Loan Originators ends tomorrow (January 31). The NMLS system will not be available on January 1 (New Year's Day). MLOs who miss the renewal deadline can apply for reinstatement from January 2 through midnight EST February 28, 2025.

FinCEN has posted an alert on its Beneficial Ownership Information webpage reporting that the U.S. Court of Appeals for the Fifth Circuit on December 23, 2024, issued a temporary stay of the U.S. District Court for the Eastern District of Texas's preliminary injunction in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al. The temporary stay reinstated the enforceability of the Corporate Transparency Act (CTA) and its requirement that covered entities file reports of their beneficial ownership with FinCEN pending the government's appeal of the District Court's conclusion that both the CTA and the reporting requirement are unconstitutional.

FinCEN's alert stated that reporting companies' deadlines for filing their reports of beneficial ownership have been extended. The earliest such deadline — for reporting companies created or registered before January 1, 2024 — is now January 13, 2025.

A different panel of the Court of Appeals for the Fifth Circuit on December 26, 2024, issued an order vacating the stay of enforcement in the appeals court's December 23, 2024, order, effectively reinstating the injunction against enforcement by the district court on December 3.

FinCEN has posted an updated alert on its Beneficial Ownership Information page: "In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports."

[Editor's note: This story was initially posted in our Top Stories pages on December 26, 2024. It has been updated to reflect a reversal of the December 23, 2024, stay of the district court's stay of enforcement of the reporting requirement.]

The FDIC on Friday made public its November 2024 administrative enforcement actions against banks and individuals. There were two orders of prohibition, two consent orders, three orders for civil money penalties (CMPs), one combined order of prohibition and order for restitution, and one notice of charges for assessment of a CMP.

Assessment of Civil Money Penalties:

• Spring Valley Bank, Wyoming, OH, a $19,800 CMP for violations of the Home Mortgage Disclosure Act (HMDA) and of Regulation C for failing to follow HMDA reporting requirements.
• Rockland Trust Company, Rockland, MA, a $10,000 CMP for engaging in a pattern or practice of violations of the Flood Disaster Protection Act and section 339.3(a) of the FDIC's Rules and Regulations, in 10 instances by making, increasing, extending, and/or renewing designated loans secured by personal property not covered by flood insurance by failing to require borrowers to get flood insurance covering contents pledged as security when contents are owned by a non-borrower guarantor.
• Citizens State Bank, Hudson, WI, a $6,000 CMP for engaging in a pattern or practice of committing violations of the FDPA and Part 339 of the FDIC Rules and Regulations, 12 C.F.R. Part 339, by failing to obtain flood insurance on a building securing a designated loan at the time of the origination of one loan; failing to obtain adequate flood insurance at the time of the origination of four loans; and failing to follow force placement flood insurance procedures in four instances

Notice of Charges and of Hearing for Assessment of Civil Money Penalty:

• CBW Bank, Weir, KS, related to a determination that the bank violated laws and regulations by failing to maintain an adequate Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) compliance program, which led to multiple incidents where the bank repeatedly violated the Bank Secrecy Act and its implementing regulations. If the bank fails to timely request a hearing on the FDIC's charges, a CMP of $20,448,000 will be imposed.

Assessment of Civil Money Penalty and Removal/Prohibition Order:

• Carlos Acosta, formerly a senior vice president and Chief auditor of Citizens Business Bank, Ontario, CA, for recording confidential meetings, including meetings with FDIC and state examiners, without consent, and attempting to extort bank executives. CMP: $70,000.
• Bryan E. Dalton, a former loan officer at RiverBank, Pocahontas, AR, in an adjudicated decision, a $35,000 CMP and a notice of prohibiiton for a scheme by which he misappropriated $87,951.50 from the accounts of four loan customers.

Removal/Prohibition Orders:

• Stacia S. Wilson, former vice president at St. Clair County State Bank, Osceola, MO, after a finding that she created false and fictitious loans using bank customer information without their knowledge, misappropriated funds to fund payments on those loans, and used the proceeds of the loans for her personal gain.
• Jessica Ann Marshall, former branch manager at Bank of Idaho, Idaho Falls, ID, for stealing cash and embezzling funds from the bank in the amount of $345,774.66, and falsifying documents and directing bank employees to falsify documents to hide her actions.

The OCC, Federal Reserve Board, and FDIC on Friday issued a revised interagency statement to supersede the “Extension of the Revised Statement Regarding Status of Certain Investment Funds and their Portfolio Investments for Purposes of Regulation O and Reporting Requirements under Part 363 of FDIC Regulations.” The prior interagency statement was issued on December 15, 2023, and was set to expire on January 1, 2025.

The revised interagency statement explains that the agencies will continue to exercise discretion not to take action against banks or against certain companies that sponsor, manage, or advise investment funds and institutional accounts (fund complexes) that become principal shareholders of banks (principal shareholder fund complexes). The discretion relates to certain extensions of credit by banks to portfolio companies of the principal shareholder fund complex (fund complex–controlled portfolio companies) that otherwise would violate Regulation O, 12 CFR 215, provided certain eligibility criteria are satisfied. The agencies also clarify the eligibility criteria in the revised interagency statement.

• FDIC FIL-85-2024
• OCC Bulletin 2024-37

The CFPB has filed for public inspection with the Office of the Federal Register a final rule scheduled for publication on December 27, 2024, to adjust the asset-size exemption in the official commentary interpreting requirements of Regulation C (Home Mortgage Disclosure Act) threshold for banks, savings associations, and credit unions. The threshold is adjusted, effective January 1, 2025, from $56 million to $58 million.

Institutions with assets of $58 million or less as of December 31, 2024, are exempt from collecting data in 2025.

[Editor's note: The 12/27/2024 issue of the Federal Register was not yet available at 8:30 a.m. EST on 12/27/2024. UPDATE: Published at 89 FR 105429 on 12/27/2024. The amendment has been posted to section 1003.2(g) of Regulation C in the BankersOnline Regulations section.]

The CFPB has released its fifteenth annual report to Congress on college credit cards as required by the Credit Card Accountability, Responsibility, and Disclosure Act (CARD Act), augmented with information on trends related to student deposit and prepaid card accounts offered and advertised to students through partnerships between colleges and financial service providers. The College Banking and Credit Card Agreements report is informed by account agreements and data from 2022 through 2023, covering over 1.4 million such accounts.

In addition to this year’s findings, the CFPB highlights other products and partnership between financial service providers and colleges which may create risks to students.

The Department of Housing and Urban Development has announced its completion of a project to update webpages for all 50 states, territories, and the District of Columbia on HUD.gov. These updated pages feature a streamlined design and trauma-informed elements, making it easier for communities nationwide to access vital resources, including affordable housing services, homeownership support, housing counseling, disaster recovery assistance, and more.

After months of collaborative work, including feedback from those most likely to use the webpages, HUD has reduced the total number of pages from 2,500 to approximately 100 and made significant edits to streamline the design, prioritizing user experience and accessibility.

The OCC on Monday announced it has issued a Consent Cease and Desist Order against Bank of America, N.A., for deficiencies related to its Bank Secrecy Act (BSA) and sanctions compliance programs.

The OCC's press release indicates the agency took this action based on violations and unsafe or unsound practices relating to these programs, including a failure to timely file suspicious activity reports and failure to correct a previously identified deficiency related to its Customer Due Diligence processes. The order also identifies deficiencies in the internal controls, governance, independent testing, and training components of the bank’s BSA compliance program.

The Small Business Administration has announced it has granted Small Business Lending Company (SBLC) licenses to four lending institutions committed to expanding access to capital to underserved markets. The addition of four new SBLCs — Cooperative Business Services, A10 Capital, Lafayette Square, and Stonehenge Capital — broadens the availability of SBA 7(a) loans in low-income and other underserved communities nationwide from their locations in Ohio, Idaho, Washington, D.C., and Louisiana, respectively.

The CFPB has reported it has sued Walmart, Inc. and Branch Messenger, Inc. for forcing delivery drivers to use costly deposit accounts to get paid and for deceiving workers— “last mile” drivers in Walmart’s Spark Driver program—about how they could access their earnings.

The CFPB’s complaint alleges that Walmart and Branch opened Branch accounts for Spark Drivers, and Walmart then deposited drivers’ pay into these accounts, without the drivers’ consent. Walmart told Spark Drivers that they were required to use Branch to get paid and that they would terminate workers who did not want to use these accounts. Walmart and Branch also misled workers about the availability of same-day access to their earnings. Drivers had to follow a complex process to access their funds, and when they finally did, they faced further delays or fees if they needed to transfer the money they earned into an account of their choice. This resulted in workers paying more than $10 million in fees to transfer their earnings to an account of their choice.

Walmart, the multinational retail corporation headquartered in Bentonville, Arkansas, operates the Spark Driver Program, through which gig economy drivers make “last-mile” deliveries from Walmart stores nationwide. Branch is a financial technology company that offers a deposit account at Evolve Bank & Trust that consumers access through a digital app and debit card.

The CFPB also alleges that Branch engaged in a host of illegal activities related to consumer accounts, including failing to investigate alleged errors, failing to honor stop payment requests, failing to maintain necessary records, failing to provide certain disclosures, and illegally requiring consumers to waive their rights under the law.

The CFPB’s lawsuit seeks to stop the companies’ unlawful conduct, to provide redress for harmed consumers, and the imposition of a civil money penalty, which would be paid into the CFPB’s victims relief fund.

The Federal Reserve Board reports it will soon seek public comment on significant changes to improve the transparency of its bank stress tests and to reduce the volatility of resulting capital buffer requirements.

The Board intends to propose changes that include, but are not limited to: disclosing and seeking public comment on all of the models that determine the hypothetical losses and revenue of banks under stress; averaging results over two years to reduce the year-over-year changes in the capital requirements that result from the stress test; and ensuring that the public can comment on the hypothetical scenarios used annually for the test, before the scenarios are finalized. These proposed changes are not designed to materially affect overall capital requirements.

For the 2025 stress test, the Board plans to take immediate steps to reduce the volatility of the results and begin to improve model transparency. The Board intends to begin the public comment process on its comprehensive changes to the stress test during the early part of 2025.