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FDIC FIL-77-2024, issued yesterday, describes steps intended to provide regulatory relief to financial institutions and facilitate recovery in areas affected by the Havasupai Tribe Flooding August 22–23, 2024..

The CFPB yesterday announced it has joined with the Centers for Medicare & Medicare Services (CMS) in a joint statement to protect people with Medicare living at or below the poverty line from unlawful medical bills. These people in the Qualified Medicare Beneficiary group represent about one in eight Medicare recipients nationwide. Federal law generally prohibits healthcare providers who accept Medicare from billing these people – referred to as “QMBs” – for cost-sharing, such as co-pays or deductibles.

The agencies' joint statement emphasizes that Traditional Medicare providers and suppliers, Medicare Advantage providers and suppliers, and debt collectors can be sanctioned by CMS or be liable under federal law for improperly billing these recipients. CMS is also releasing new resources clarifying that healthcare providers must refund any improper charges, regardless of whether they received incorrect information about a recipient's QMB status from Medicare Advantage plans.

The joint statement describes the CMS guidance issued yesterday and explains how the laws that the CFPB administers and enforces apply to improper debt collection of QMBs. Specifically, the statement explains:

• Debt collectors may not collect on improper and inaccurate bills targeting Medicare beneficiaries. The Fair Debt Collection Practices Act prohibits collecting bills that are not actually owed or are in the wrong amount.
• Debt collectors may not tarnish credit reports with improper and inaccurate bills. Furnishing inaccurate information may violate the Fair Credit Reporting Act, and may also demonstrate that furnishers do not verify the accuracy of information they furnish.

The Federal Reserve System has issued the third 2024 issue of Consumer Compliance Outlook. This issue includes articles on:

• Top Federal Reserve System Compliance Violations in 2023 Under the Flood Disaster Protection Act of 1973
• Top Federal Reserve System Compliance Violations in 2023 Under the Real Estate Settlement Procedures Act and Regulation X
• Consumer Compliance Requirements for Purchasers of Residential Mortgage Loans
• Consumer Compliance Requirements for Servicers of Purchased Mortgage Loans

The CFPB yesterday announced action against VyStar Credit Union for harming consumers through its botched rollout of a new online banking system. In May 2022, VyStar transitioned to a new, dysfunctional online banking platform that made it difficult for credit union members to perform basic banking functions for weeks, with some features unavailable for more than six months. Families incurred fees and costs as a result of these problems. The CFPB is ordering VyStar to ensure that all consumers are made whole. VyStar must also pay a $1.5 million civil penalty to the CFPB’s victims relief fund.

VyStar, formerly known as JAX Navy Federal Credit Union, is a Florida state-chartered credit union headquartered in Jacksonville with 70 branches in Florida and 10 branches in Georgia. VyStar is one of the largest credit unions in the country, with approximately $14.75 billion in total assets and over 980,000 members. In May 2022, VyStar attempted to launch a new virtual banking platform. VyStar anticipated banking services would be inaccessible for several days during the transition to the new platform, but it turned out to be much longer. The new system crashed upon launch because VyStar brought it online prematurely and failed to establish or follow critical processes to ensure its success. The platform was taken offline soon after launch. Upon bringing the system back online, the new platform lacked key banking services, some of which were not restored for months.

For further details, see “VyStar CU pays $1.5M for botched systems upgrades” in BankersOnline’s Penalties pages.

• NCUA Chairman Harper and Board Member Otsuka Statements on CFPB's VyStar Credit Union action

Yesterday, the Treasury Department reported that OFAC had sanctioned five Mexican nationals and two Mexico-based entities linked to La Linea, a violent Mexico-based drug trafficking organization responsible for trafficking fentanyl and other deadly drugs into the United States.

See BankersOnline’s October 31, 2024, OFAC Update for the names and identifying information of the designated individuals and businesses .

The Federal Emergency Management Agency today published [89 FR 87299] a final rule revising the National Flood Insurance Program's regulations to offer NFIP policyholders who are not required to escrow their premiums and fees for flood insurance the option of paying their annual flood insurance premium in monthly installments.

The rule will become effective December 31, 2024.

FinCEN has reported that the Financial Action Task Force (FATF), an intergovernmental body that establishes international standards for anti-money laundering, countering the financing of terrorism, and countering the financing of proliferation of weapons of mass destruction (AML/CFT/CPF), updated its lists of jurisdictions with strategic AML/CFT/CPF deficiencies at the conclusion of its plenary meeting this month. FinCEN said U.S. financial institutions should consider the FATF’s stance toward these jurisdictions when reviewing their obligations and risk-based policies, procedures, and practices.

On October 25, 2024, the FATF added Algeria, Angola, Côte d’Ivoire, and Lebanon to its list of Jurisdictions Under Increased Monitoring and also removed Senegal from the list.

The FATF’s list of High-Risk Jurisdictions Subject to a Call for Action remains the same, with Iran, the Democratic People’s Republic of Korea (DPRK), and Burma subject to calls for action. Iran and DPRK are still subject to the FATF’s countermeasures, while Burma is still subject to the application of enhanced due diligence, but not countermeasures

The Department of the Treasury has announced it has sanctioned 275 individuals and entities involved in supplying Russia with advanced technology and equipment that it desperately needs to support its war machine. Yesterday’s action targets both individual actors and sprawling sanctions evasion networks across 17 jurisdictions, including India, the People’s Republic of China (PRC), Switzerland, Thailand, and Türkiye. In addition to disrupting global evasion networks, this action also targets domestic Russian importers and producers of key inputs and other materiel for Russia’s military-industrial base.

Treasury reported that the Department of State also targeted sanctions evasion and circumvention in multiple third countries, including several PRC-based companies exporting dual-use goods that fill critical gaps in Russia’s military-industrial base and entities and individuals in Belarus related to the Lukashenka regime’s support for Russia’s defense industry. State also targeted several senior Russian Ministry of Defense officials and defense companies and those supporting Russia’s future energy production and exports.

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

The Federal Trade Commission reports it is sending more than $1 million in refunds to consumers who were allegedly harmed by Rhinelander Auto Center’s junk fees and discriminatory practices.

The FTC and State of Wisconsin took action against Rhinelander Auto and its general manager in 2023, alleging that they regularly charged many customers junk fees for “add-on” products or services without the customer’s consent. The defendants also discriminated against American Indian customers in the cost of financing by adding more “markup” to their interest rates, according to the complaint.

The FTC is sending checks to 7,531 consumers.

A CFPB blog article reports that the Bureau, through JND Legal Administration, has begun distributing refund checks to over 250,000 consumer harmed by leasing company Tempoe, LLC. Tempoe offered point-of-sale financing at major retailers, including Sears and Kmart. The CFPB took action against the company for tricking customers into expensive leasing agreements by hiding the contract terms and costs. Tempoe’s practices left hundreds of thousands of customers on the hook to pay for merchandise they couldn’t afford or return. Tempoe generated approximately $192 million in revenues from about 325,000 consumers from its unlawful conduct.

As a result of the CFPB’s enforcement action, Tempoe was permanently banned from offering consumer leases. They were also required to close any existing lease agreements and release customers from making any further payments on their leased merchandise.

The Federal Housing Finance Agency has reported that U.S. house prices rose 0.3 percent in August, according to the FHFA seasonally adjusted monthly House Price Index (HPI). House prices rose 4.2 percent from August 2023 to August 2024. The previously reported 0.1 percent price increase in July was revised upward to 0.2 percent.

For the nine census divisions, seasonally adjusted monthly price changes from July 2024 to August 2024 ranged from -0.1 percent in the East North Central and New England divisions to +0.9 percent in the West North Central division. The 12-month changes were all positive, ranging from +2.4 percent in the West South-Central division to +6.3 percent in the East North Central division.

The Federal Housing Finance Agency has announced updates to several Fannie Mae and Freddie Mac (the Enterprises) policies that are intended to enhance efficiencies and promote cost savings in the single-family mortgage market. These policy updates are the result of engagement with public- and private-sector stakeholders and cover four key policy areas:

• Expanded eligibility for appraisal waivers on purchase loans
• Expanded Uniform Appraisal Dataset (UAD) to include Federal Housing Administration (FHA) data
• Expanded eligibility for Freddie Mac performing loan repurchase alternative pilot
• Advance notice of certain Enterprise pricing increases

Additional information can be found in these press releases:

• Fannie Mae Appraisal Waiver press release
• Freddie Mac Appraisal Waiver press release
• Freddie Mac Performing Loan Repurchase Alternative Pilot press release
• Joint FHFA/HUD press release on expanded scope of public appraisal data

The Treasury Department has announced the release of the National Strategy for Financial Inclusion in the United States, which identifies objectives and recommendations for policymakers, industry, employers, and community organizations to advance consumer access to safe financial products and services and strengthen financial security. The Strategy was requested in 2023 by Congress and has been informed by Treasury’s research and engagement with experts, community leaders, industry representatives, and other federal agencies, including public input through a Request for Information.

Objectives and key recommendations of the Strategy include:

• Promote access to transaction accounts that meet consumer needs
• Increase access to safe and affordable credit
• Expand equitable access to savings and investments
• Improve the inclusivity of financial products and services provided or backed by the government
• Foster trust in the financial system by protecting consumers from illegal and predatory practices

Treasury invited all stakeholders to engage with this Strategy, to innovate, and to collaborate in creating a more inclusive financial landscape.

• Fact Sheet on the report and recommendations

The FDIC has released its list of enforcement actions issued in September 2024. Among the ten actions listed, there were four consent orders, four orders terminating consent orders, and two orders terminating deposit insurance.

The consent orders were issued to:

• Industry State Bank, Industry, TX (jointly issued with the Texas Department of Banking)
• Fayetteville Bank, Fayetteville, TX ((jointly issued with the Texas Department of Banking)
• Citizens State Bank, Buffalo, TX (jointly issued with the Texas Department of Banking)
• International Bank of Chicago, Chicago, IL (jointly issued with the Illinois Department of Financial and Professional Regulation Division of Banking)

The orders terminating deposit insurance were issued to:

• Algonquin State Bank, Algonquin, IL (not engaged in the business of receiving deposits other than trust funds)
• McHenry Savings Bank, McHenry, IL (not engaged in the business of receiving deposits other than trust funds)

Terminations of previous consent orders were issued to LifeSteps Bank & Trust, Union Springs, AL; International Bank of Chicago, Chicago, IL; Sainte Marie State Bank, Sainte Marie, IL; and KansasLand Bank, Quinter, KS.

The Federal Trade Commission on Friday announced a proposed stipulated settlement order against rideshare operator Lyft, Inc. that would require Lyft's claims about drivers’ pay to be based on typical earnings. Lyft has also agreed to back up with evidence any claims it makes about drivers’ pay, clearly notify drivers about the terms of its “earnings guarantee” offers, and pay a $2.1 million civil penalty.

The CFPB has issued Consumer Financial Protection Circular 2024-06, "Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions," presenting the question: "Can an employer make employment decisions utilizing background dossiers, algorithmic scores, and other third-party consumer reports about workers without adhering to the Fair Credit Reporting Act (FCRA)?"

The guidance warns that companies using third-party consumer reports — including background dossiers and surveillance-based, “black box” AI or algorithmic scores about their workers — must follow FCRA rules. This means employers must obtain worker consent, provide transparency about data used in adverse decisions, and allow workers to dispute inaccurate information.

The Federal Reserve Board has announced the execution of a written agreement by and among U & I Financial Corp and UniBank (both of Lynnwood, Washington), the Federal Reserve Bank of San Francisco, and Washington Department of Financial Institutions (Tumwater, Washington) addressing certain deficiencies at UniBank, including deficiencies in the bank's consumer compliance risk management program.

FinCEN has announced it has issued alert FIN-2024-Alert003 to financial institutions to counter financing of Hizballah and its terrorist activities. The alert was issued to help financial institutions identify funding streams supporting the Iran-backed Lebanese militia and U.S.-designated Foreign Terrorist Organization (FTO) Lebanese Hizballah. This alert supplements the information related to Hizballah’s financing outlined in FinCEN’s 2024 Advisory on Iran-Backed Terrorist Organizations.

Yesterday, FinCEN announced it has assessed a $900,000 civil money penalty against Sahara Dunes Casino, LP DBA Lake Elsinore Hotel and Casino (Lake Elsinore) for willful violations of the Bank Secrecy Act and its implementing regulations.

As part of its resolution with FinCEN, Lake Elsinore admitted to willful violations of the BSA, including failing to implement and maintain an effective AML program, failing to file currency transaction reports (CTRs) and suspicious activity reports (SARs), and certain recordkeeping failures. Lake Elsinore’s willful violations of the BSA, which continued for over four and a half years, resulted from decisions made by the card club’s management. In addition to the civil money penalty, Lake Elsinore will also be subject to an AML program review.

• Consent order

The CFPB yesterday announced action against Apple, Inc. ("Apple") and Goldman Sachs Bank USA ("Goldman Sachs") for customer service breakdowns and misrepresentations that impacted hundreds of thousands of Apple Card users. The CFPB found that:

• Apple failed to send tens of thousands of consumer disputes of Apple Card transactions to Goldman Sachs, and when Apple did send disputes to Goldman Sachs, the bank did not follow numerous federal requirements for investigating the disputes
• Apple and Goldman launched Apple Card despite third-party warnings to Goldman that the Apple Card disputes system was not ready due to technological issues
• These failures meant that consumers faced long waits to get money back for disputed charges, and some had incorrect negative information added to their credit reports

The CFPB is ordering Goldman Sachs to pay at least $19.8 million in redress and a $45 million civil money penalty, and Apple to pay a $25 million civil money penalty. The CFPB is also banning Goldman Sachs from launching a new credit card unless it can provide a credible plan that the product will actually comply with the law.

The CFPB also found that Apple and Goldman Sachs misled consumers about interest-free payment plans for Apple devices. Many customers thought they would automatically get interest-free monthly payments when buying Apple devices with their Apple Card. Instead, they were charged interest. In some cases, Apple did not even show the interest-free payment option on its website on certain browsers. Goldman Sachs also misled consumers about the application of some refunds, which led to consumers paying additional interest charges.

Goldman Sachs Group, Inc. (NYSE: GS), is one of the largest financial institutions in the world. It operates Goldman Sachs Bank USA, headquartered in New York City. Goldman Sachs primarily focuses on investment banking and investment management, not consumer finance. Apple Card was Goldman Sachs’s first significant experiment in credit card lending.

• Consent order against Goldman Sachs Bank USA
• Consent order against Apple, Inc.

The Securities and Exchange Commission has announced charges against four current and former public companies – Unisys Corp., Avaya Holdings Corp., Check Point Software Technologies Ltd, and Mimecast Limited – with making materially misleading disclosures regarding cybersecurity risks and intrusions. The SEC also charged Unisys with disclosure controls and procedures violations. The companies agreed to pay the following civil penalties to settle the SEC’s charges:

• Unisys — $4 million
• Avaya — $1 million
• Check Point — $995,000
• Mimecast — $990,000

The charges against the four companies result from an investigation involving public companies potentially impacted by the compromise of SolarWinds’ Orion software and by other related activity. According to the SEC’s orders, Unisys, Avaya, and Check Point learned in 2020, and Mimecast learned in 2021, that the threat actor likely behind the SolarWinds Orion hack had accessed their systems without authorization, but each negligently minimized its cybersecurity incident in its public disclosures.

• The financial stability implications of tokenization
• The status report on the G20 Crypto-Asset Policy Implementation Roadmap
• A consultation on a common Format for Incident Reporting Exchange (FIRE)
• G20 Roadmap for Enhancing Cross-border Payments: Consolidated progress report for 2024

This morning, the CFPB announced it has finalized a rule designed to give consumers greater rights, privacy, and security over their personal financial data. The rule will require 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 Bureau said that consumers will be able to more easily switch to providers with superior rates and services, and, by fueling competition and consumer choice, the rule will help lower prices on loans and improve customer service across payments, credit, and banking markets. The rule also establishes strong privacy protections, requiring that personal financial data can only be used for the purposes requested by the consumer. It ensures that third parties cannot use consumer data for other purposes that benefit the third party, but that consumers do not want. It also helps move the industry away from “screen scraping,” a still common but risky practice that typically involves consumers providing their account passwords to third parties who use them to access data indiscriminately through online banking portals.

Compliance with the rule, which amends 12 CFR Part 1033, will be implemented in phases, with larger providers subject to the rule sooner than smaller ones. Financial firms will be required to comply based on their size; the largest institutions will have to comply by April 1, 2026, while the smallest covered institutions will have until April 1, 2030. Certain small banks and credit unions are not subject to this rule.

• Executive Summary of Rule

The Federal Housing Finance Agency has issued proposed revisions to its regulations addressing boards of directors and overall corporate governance of the Federal Home Loan Banks (Banks) to update and clarify regulatory requirements on a variety of topics including:

• FHFA’s annual designation of Bank directorships
• Bank director eligibility and professional qualifications
• Nomination, election, and removal of Bank directors
• the conduct of System board and committee meetings
• conflicts of interest
• the respective responsibilities of System boards of directors and executive management

Written comments will be accepted for 90 days after publication of the rule in the Federal Register.

• Press release

On Friday, the OCC appointed the FDIC as receiver for The First National Bank of Lindsay, Lindsay, Oklahoma, after identifying false and deceptive bank records and other information suggesting fraud that revealed depletion of the bank’s capital. The OCC also found that the bank was in an unsafe or unsound condition to transact business and that the bank’s assets were less than its obligations to its creditors and others.

The OCC is also referring this matter to the United States Department of Justice, which has a wide variety of tools to hold individuals accountable for criminal acts and focuses on victims in all of its matters.

To protect depositors of the failed bank, the FDIC entered into a purchase and assumption agreement with First Bank & Trust Co., Duncan, Oklahoma, to assume the insured deposits of The First National Bank of Lindsay.

In addition, based on the estimated recoveries of the failed bank assets, the FDIC will make 50 percent of uninsured funds available to those depositors on Monday, October 21, 2024. This amount could increase as the FDIC sells the assets of the failed bank.

As of June 30, 2024, The First National Bank of Lindsay reported total assets of $107.8 million and total deposits of $97.5 million. Approximately $7.1 million of the deposits exceeded FDIC insurance limits; this amount is likely to change once the FDIC obtains additional information from customers.

The FDIC preliminarily estimates that the failure will cost its Deposit Insurance Fund (DIF) about $43 million. The estimate will change over time as the assets are sold. Alleged fraud caused the failure of the bank and cost to the DIF.

The First National Bank of Lindsay is the second bank to fail in the U.S. this year. The last bank failure was Republic First Bank, in Philadelphia, Pennsylvania, on April 26, 2024. The last failure in Oklahoma was The Freedom State Bank, in Freedom, Oklahoma. on June 27, 2014.

The OCC has reported it has finalized revisions to its recovery planning guidelines for certain large insured national banks, federal savings associations, and federal branches (banks).

The revisions to the recovery planning guidelines are part of the OCC’s effort to ensure that large banks are adequately prepared for and have developed plans to respond to the financial effects of severe stress, particularly in light of the contagion effects and systemic risks they may pose.

The revisions:

• Expand the recovery planning guidelines to apply to banks with at least $100 billion in assets
• Incorporate a testing standard for recovery plans
• Clarify the role of non-financial risk (including operational and strategic risk) in recovery planning
• Provide covered banks with time frames in which to comply with the recovery planning guidelines, including development of a testing framework and conducting testing

The revisions, published in today's Federal Register at 89 FR 84255, are effective on January 1, 2025, with staggered compliance dates. They will apply to insured national banks, insured Federal savings associations, and insured Federal branches of foreign banks with average total consolidated assets of $100 billion or more.

The Federal Trade Commission has released its annual report to Congress on the Commission’s recent efforts to protect older adults.

This year’s report describes new scam and fraud trends, FTC cases and rulemakings impacting older adults, and updates on its Pass It On and other outreach programs.

FinCEN has added Filing Trend Data by industry updated through the 2023 calendar year to its Interactive SAR Stats website. The new downloadable data is arranged by industry type, and includes rankings by states/territories and suspicious activities.

The Financial Stability Board has published reports detailing work to enhance cross-border payments.

• a consolidated progress report for 2024 reporting on a broad range of actions being progressed as part of the G20 Roadmap for Enhancing Cross-Border Payments
• a progress report on the implementation of the Legal Entity Identifier (LEI)
• an annual progress report on meeting the improved user experience targets for cross-border payments

• Press release

The FDIC has issued FIL-76-2024 announcing steps intended to provide regulatory relief to financial institutions and facilitate recovery in areas of Alaska affected by flooding from August 5 to August 6, 2024. The current list of such areas includes Juneau Borough.

The FDIC has announced it is extending the compliance date for amendments to part 328 subpart A of its regulations to modernize the rules governing use of the official FDIC sign and insured depository institutions’ advertising statements from January 1, 2025, to May 1, 2025. This extension will provide additional opportunity for IDIs to establish processes and systems, and make technological updates, necessary to implement the new regulatory requirements under subpart A. The compliance date for amendments to part 328, subpart B, relating to misrepresentations of deposit insurance, remains January 1, 2025.

The OCC has released enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with banks the OCC supervises.

• Formal Agreement with Axiom Bank, N.A., Maitland, Florida, for unsafe or unsound practices, including those related to the bank’s Bank Secrecy Act/Anti-Money Laundering (BSA/AML) compliance program and violations of 12 CFR 21.21(d)(1) and (d)(3) (BSA/AML internal controls and BSA officer).
• Formal Agreement with First National Bank of Dennison, Dennison, Ohio, for unsafe or unsound practices, including those related to board and management oversight, credit underwriting, and credit administration.
• Formal Agreement with First National Bank of Lake Jackson, Lake Jackson, Texas, for unsafe or unsound practices, including those related to strategic and capital planning, liquidity risk management, and interest rate risk management.
• Formal Agreement with The First National Bank of Waverly, Waverly, Ohio, for unsafe or unsound practices, including those relating to strategic planning, capital planning, and liquidity risk management.
• The previously announced Cease and Desist Order and Civil Money Penalty against TD Bank, N.A., Wilmington, Delaware, and TD Bank USA, N.A., Wilmington, Delaware, for deficiencies in the banks’ BSA/AML compliance program.
• Orders of Prohibition against—
  • Tanya Jazmin Cortez, former Teller and Concierge at Los Angeles County, California, branches of Citibank, N.A., Sioux Falls, South Dakota, for selling confidential bank customer information to a third party, resulting in check fraud and a loss to the bank of approximately $348,000.
  • Alexis LeaAnne Day (f/k/a Alexis LeaAnne Adcock), former Client Relationship Consultant at a Clarksville, Tennessee, branch of U.S. Bank, N.A., Cincinnati, Ohio, for misappropriating approximately $10,000 from a bank ATM.
  • Leronne D. Kornegay, former Associate Banker at a Brooklyn, New York, branch of JPMorgan Chase Bank, N.A., Columbus, Ohio, for engaging in a scheme to steal bank funds and falsely reporting the receipt of counterfeit bills in the bank’s general ledger. The bank suffered a loss of at least $201,000.
  • Lexus Inez Lewis, former Fraud Operations Specialist, at a Jacksonville, Florida, branch of Citibank, N.A., Sioux Falls, South Dakota, resolving the Notice of Charges, in which the OCC alleged, among other things, that Lewis made false representations in her employment application and became employed at the bank in violation of federal law; caused fraudulent transactions totaling at least $389,000 to incur on bank customers’ credit card accounts; and kept bank equipment without authorization. Lewis consented to the Order without admitting or denying the allegations in the Notice.

Yesterday, the CFPB announced it has sued student lender Climb Credit, and its largest shareholder 1/0 (“one zero”), for inducing students to take out loans by misrepresenting the quality of the training programs at their partner schools and making false claims about graduates’ hiring rates and salaries. The lawsuit alleges Climb Credit and 1/0 claimed to have vetted its partners’ schools for “outcomes and value” but in fact offered loans for programs that had failed the defendants’ own return-on-investment analysis or which they had not analyzed at all. The lawsuit also alleges that the defendants failed to properly disclose annual percentage rates in online marketing materials and illegally hid loan origination fees in disclosures. The CFPB is asking the court to order Climb Credit and 1/0 to stop their illegal practices, compensate the borrowers they harmed, and pay a civil penalty to the CFPB’s victim relief fund.

The Federal Trade Commission is today announcing a final "click-to-cancel" rule that will require sellers to make it as easy for consumers to cancel their enrollment as it was to sign up. Most of the final rule’s provisions will go into effect 180 days after it is published in the Federal Register.

The Commission’s updated rule will apply to almost all negative option programs in any media. The rule also will prohibit sellers from misrepresenting any material facts while using negative option marketing; require sellers to provide important information before obtaining consumers’ billing information and charging them; and require sellers to get consumers’ informed consent to the negative option features before charging them.

The Securities and Exchange Commission has announced that RTX Corporation, a Virginia-based aerospace and defense company formerly known as Raytheon Technologies Corp., agreed to pay more than $124 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) in connection with payments made to assist in obtaining contracts with the Qatari military.

According to the SEC’s order, Raytheon used sham subcontracts with a supplier to pay bribes of nearly $2 million to Qatari military and other officials from 2011 to 2017 to obtain Qatari military defense contracts. Additionally, the order finds that from the early 2000s into 2020, Raytheon paid more than $30 million to a Qatari agent who was a relative of the Qatari Emir and who, despite being retained as Raytheon’s representative in Qatar, had no prior background in military defense contracting. Raytheon obtained additional defense contracts through the agent under circumstances with significant corruption risks. The order finds that Raytheon continued working with the agent even after numerous Raytheon employees raised concerns about risks of corruption and despite a lack of adequate documentation of the agent’s services.

The SEC’s order finds that Raytheon violated the antibribery, internal accounting controls, and books and records provisions of the FCPA. Raytheon consented to the entry of the SEC’s order requiring it to cease and desist from committing or causing any future violations and to pay disgorgement and prejudgment interest of approximately $49 million and a civil penalty of $75 million, $22.5 million of which will be offset by a criminal fine in a parallel criminal action. As part of the resolution, Raytheon must retain an independent compliance monitor for three years.

The Federal Deposit Insurance Corporation, the Federal Reserve Board, the Florida Office of Financial Regulation, the National Credit Union Administration, and the Office of the Comptroller of the Currency have issued a statement on supervisory practices regarding financial institutions affected by Hurricane Milton. The agencies recognize the serious impact of Hurricane Milton on the customers and operations of many financial institutions and will provide appropriate regulatory assistance to affected institutions subject to their supervision. The agencies encourage institutions operating in the affected areas to meet the financial services needs of their communities.

The agencies' statement addresses particularly the areas of lending, temporary facilities, publishing requirements, and regulatory reporting requirements.

The SBA has announced that it has exhausted funds for its disaster loan program after warnings that funding would soon run out following increased demand from Hurricane Helene. Until Congress appropriates additional funds, the SBA is pausing new loan offers for its direct, low-interest, long-term loans to disaster survivors. However, SBA is encouraging individuals and small businesses to continue to apply for loans given assurances from congressional leaders that additional funding will be provided upon Congress’s return in November.

The CFPB has reported that the Bureau and the Justice Department (DOJ) yesterday took action to end Fairway Independent Mortgage Corporation’s illegal mortgage lending discrimination against majority-Black neighborhoods in the greater Birmingham, Alabama, area. The CFPB and DOJ allege that Fairway illegally redlined Black neighborhoods, including through its marketing and sales actions. Fairway’s actions discouraged people from applying for mortgage loans in the Birmingham metropolitan area’s Black neighborhoods. If entered by the court, the settlement announced yesterday would require Fairway to pay a $1.9 million civil penalty to the CFPB’s victims relief fund. Fairway would also be required to provide $7 million for a loan subsidy program to offer affordable home purchase, refinance, and home improvement loans in majority-Black neighborhoods, and pay at least $1 million to serve neighborhoods it redlined.

• Complaint

The CFPB has posted its beta release of the HMDA Platform for data that will be collected in 2025. The 2025 Beta Platform provides financial institutions and vendors an opportunity to test whether their sample loan/application register (LAR) data comply with the reporting requirements outlined in the Filing Instructions Guide for HMDA data collected in 2025.

The Beta Platform can be accessed at https://ffiec.beta.cfpb.gov/filing/. Log in and select 2025 from the dropdown to start testing. Financial institutions can use their log-in credentials from the previous filing periods or, if they have not previously filed data, establish log-in credentials and upload sample 2025 HMDA files to perform validation on their data. Use of this platform (and compliance with HMDA) requires financial institutions to have a Legal Entity Identifier (LEI) which uniquely identifies the institution, and that LEI must be recognized by the HMDA Platform. If your institution has not registered for an LEI and intends to file HMDA data, visit the Global LEI Foundation for information on obtaining an LEI.

The FDIC has announced its Board of Directors has approved the appointment of Hansel J. Cordeiro as Director of the agency’s new Office of Professional Conduct (OPC).

In June, the Board announced the creation of the OPC to serve as a single point of entry for employee complaints of harassment and other interpersonal misconduct. In this role, Mr. Cordeiro will lead the OPC’s work to receive, investigate and report on complaints of interpersonal misconduct within the FDIC workplace. OPC will also determine and discipline anyone violating the FDIC’s anti-harassment or anti-retaliation policies. Mr. Cordeiro will report on the work of the OPC directly to the FDIC Board.

The FDIC has issued FIL-73-2024 to help financial institutions and facilitate recovery in areas of Arizona affected by the San Carlos Apache Tribe Watch Fire, and FIL-74-2024 to assist banks and facilitate recovery in areas of Florida affected by Hurricane Milton.

Yesterday, OFAC designated three individuals and four associated companies involved in a Lebanon-based sanctions evasion network that generates millions of dollars in revenue for Hizballah. Hizballah’s finance team is responsible for the establishment and operation of Hizballah commercial projects throughout Lebanon, some of which are financed and facilitated by Iran. OFAC also designated three individuals involved in the illegal production and trafficking of Captagon that has benefited Bashar al-Assad’s regime and its allies, including Hizballah. The illegal trade in Captagon, a dangerous, highly addictive amphetamine, has become a billion-dollar illicit enterprise operated by senior members of the Syrian regime.

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

The Financial Crimes Enforcement Network (FinCEN) has announced the renewal of its Geographic Targeting Orders (GTOs) that require U.S. title insurance companies to identify the natural persons behind shell companies used in non-financed purchases of residential real estate.

The terms of the GTOs are effective beginning October 16, 2024, and ending on April 14, 2025. The GTOs continue to provide valuable data on the purchase of residential real estate by persons possibly involved in various illicit enterprises. Renewing the GTOs will further assist in tracking illicit funds and other criminal or illicit activity, as well as continuing to inform FinCEN’s regulatory efforts in this sector.

FinCEN renewed the GTOs that cover certain counties and major U.S. metropolitan areas in California, Colorado, Connecticut, Florida, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New York, Texas, Washington, Virginia, and the District of Columbia.

The purchase price threshold remains $300,000 for each covered metropolitan area, with the exception of the City and County of Baltimore, where the purchase price threshold is $50,000.

In August 2024, FinCEN issued a final rule requiring certain industry professionals to report information to FinCEN about non-financed transfers of residential real estate to a legal entity or trust. This nationwide reporting framework will replace the GTOs and goes into effect on December 1, 2025.

Yesterday, the Treasury Department announced that OFAC, in a joint action with Canada, designated the Samidoun Palestinian Prisoner Solidarity Network, or “Samidoun,” a sham charity that serves as an international fundraiser for the Popular Front for the Liberation of Palestine (PFLP) terrorist organization. Also designated was Khaled Barakat, a member of the PFLP’s leadership. Together, Samidoun and Barakat play critical roles in external fundraising for the PFLP.

For identification information on Samidoun and Barakat, see BankersOnline’s October 15, 2024, OFAC Update.

NCUA Chairman Todd Harper has commented on the U.S. Department of Justice’s recent settlement with Citadel Federal Credit Union to resolve lending discrimination allegations. Citadel is a $6 billion financial institution in Southeastern Pennsylvania.

“The Justice Department’s settlement with Citadel Federal Credit Union is significant. It signals that federal credit unions must follow fair lending laws. It signals to all communities that discrimination through redlining will not be tolerated. And, it brings communities who have been discriminated against a step closer to an equitable opportunity to access safe, fair, and affordable financial services and to closing the wealth gap.

“The NCUA maintains a strong relationship with the Justice Department’s Civil Rights Division and the department’s Combating Redlining Initiative, which investigates potential fair lending violations and helps to end discriminatory lending practices. That productive relationship will continue through our fair lending examination and referral process."

The October 10 press release from the Justice Department said that Citadel has agreed to pay over $6.5 million to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining predominantly Black and Hispanic neighborhoods in and around Philadelphia. This agreement is the Justice Department’s first redlining settlement with a credit union, making it a historic achievement for the department's Combating Redlining Initiative.

On Friday, the Treasury Department reported that in response to Iran's October 1 attack on Israel, the U.S. is expanding sanctions on Iran’s petroleum and petrochemical sectors, to intensify financial pressure on Iran, limiting the regime’s ability to earn critical energy revenues to undermine stability in the region and attack U.S. partners and allies. The Secretary of the Treasury, in consultation with the Secretary of State, has identified the petroleum and petrochemical sectors of the Iranian economy under authority of Executive Order (E.O.) 13902, which allows Treasury to target a broader range of activities relating to Iran’s trade in petroleum and petrochemical products. E.O. 13902 provides authority to identify and impose sanctions on key sectors of Iran’s economy to deny the Iranian government financial resources that may be used to fund and support its nuclear program, missile development, terrorism and terrorist proxy networks, and malign regional influence.

OFAC also designated 10 entities in multiple jurisdictions and identified 17 vessels as blocked property, under E.O. 13846, for their involvement in shipments of Iranian petroleum and petrochemical products in support of the U.S.-designated National Iranian Oil Company (NIOC) and Triliance Petrochemical Co. Limited (Triliance). The U.S. Department of State also designated six entities and identified six vessels as blocked property pursuant to E.O. 13846 for knowingly engaging in a significant transaction for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran.

For the names and identifying information of the designated entities and vessels, and a link to the Treasury Secretary's determination document, see Friday's BankersOnline OFAC Summary.

The FDIC has posted an agenda for its next Board of Directors meeting, to be held at 10 a.m. on October 17, 2024.

The meeting will be open to the public for observation via webcast.

The current agenda lists the following items for consideration at the meeting:

• Briefing: Semi-annual Update on the Deposit Insurance Fund Restoration Plan
• Designated Reserve Ratio for 2025
• Delay of Compliance Date for [Certain] [Subpart A] Amendments to FDIC Official Sign and Advertising Rule
• Minutes of a previous Board meeting

FinCEN has published [89 FR 82499] in today's Federal Register an order issued under authority from the Combating Russian Money Laundering Act to prohibit certain transmittals of funds by any covered financial institution involving PM2BTC, a financial institution operating outside of the United States determined to be of a primary money laundering concern in connection with Russian illicit finance.

The order became effective on publication.

Yesterday, the CFPB announced its has banned private dispute resolution platform Ejudicate from arbitrating disputes about consumer financial products after the company misled student borrowers about its neutrality and initiated sham arbitration proceedings. Ejudicate initiated those proceedings for the company Prehired, which was permanently shut down in 2023 by the CFPB and several state attorneys general for its illegal lending practices. Ejudicate acted as a service provider to Prehired by providing these sham arbitration services. The CFPB found that Ejudicate treated borrowers unfairly and was not truthful about its role while hiding that its financial interests were aligned with Prehired.