Regulatory Updates

CFPB: New Proposed Rule Seeks to Halt Negative Credit Reporting for Survivors of Human Trafficking

Proposed rule will aid survivors seeking to open bank accounts, access credit, and gain employment Today, the Consumer Financial Protection Bureau (CFPB) is using its rulemaking authority to propose that consumer reporting agencies (CRAs) do not prevent survivors of human trafficking from achieving financial independence. The proposed rule would protect survivors of human trafficking by…

OCC: FFIEC’s 2022 “A Guide to HMDA Reporting: Getting It Right!” Released

The Office of the Comptroller of the Currency (OCC) is announcing the issuance of the Federal Financial Institutions Examination Council’s (FFIEC) revised “A Guide to HMDA Reporting: Getting It Right!” (2022 guide). The 2022 guide provides resources to help banks1 comply with the Home Mortgage Disclosure Act (HMDA) and Regulation C, its implementing regulation (12 CFR…

FDIC: Request for Information on Bank Mergers Issued

The Federal Deposit Insurance Corporation (FDIC) today sent to the Federal Register a request for information (RFI) soliciting comments regarding the application of the laws, practices, rules, regulations, guidance, and statements of policy that apply to merger transactions involving one or more insured depository institutions, including the merger between an insured depository institution and a noninsured institution….

CFPB: 2021 HMDA Data on Mortgage Lending Now Available

The Home Mortgage Disclosure Act (HMDA) Modified Loan Application Register (LAR) data for 2021 are now available on the Federal Financial Institutions Examination Council’s HMDA Platform for approximately 4,316 HMDA filers. The published data contain loan-level information filed by financial institutions, modified to protect consumer privacy. To increase public accessibility, the annual loan-level (LAR) data…

CFPB: Supervisory Guidance Updated to Target Unfair Discrimination in Consumer Finance

Discrimination or improper exclusion can trigger liability under ban on unfair acts and practices Today the Consumer Financial Protection Bureau (CFPB) announced changes to its supervisory operations to better protect families and communities from illegal discrimination, including in situations where fair lending laws may not apply. In the course of examining banks’ and other companies’…

The White House: Fact Sheet Released on President Biden’s Executive Order on Ensuring Responsible Development of Digital Assets

Outlines First Whole-of-Government Strategy to Protect Consumers, Financial Stability, National Security, and Address Climate Risks Digital assets, including cryptocurrencies, have seen explosive growth in recent years, surpassing a $3 trillion market cap last November and up from $14 billion just five years prior. Surveys suggest that around 16 percent of adult Americans – approximately 40 million people…

FHFA: Final Rule Amending the Enterprise Regulatory Capital Framework Announced

Amendments to the capital framework for Fannie Mae and Freddie Mac refine the leverage buffer and risk-based capital treatment of Credit Risk Transfer The Federal Housing Finance Agency (FHFA) today published a final rule that amends the Enterprise Regulatory Capital Framework (ERCF) by refining the prescribed leverage buffer amount (leverage buffer) and risk-based capital treatment of retained…

OCC: New Frequently Asked Questions Regarding the Final Rule to Rescind the OCC’s June 2020 CRA Rule Issued

The Office of the Comptroller of the Currency (OCC) today issued responses to frequently asked questions (FAQ) about the December 2021 final rule1 to rescind the OCC’s Community Reinvestment Act (CRA) rule issued on June 5, 2020 (June 2020 CRA rule).2 The December 2021 CRA final rule, effective January 1, 2022, replaced the June 2020 CRA rule…

OCC: Revision of Small and Intermediate Small Bank and Savings Association CRA Asset Thresholds

Summary Today the Office of the Comptroller of the Currency (OCC) announces revisions to the asset-size threshold amounts used to define “small bank or savings association” and “intermediate small bank or savings association” under the Community Reinvestment Act (CRA) regulations. The thresholds—which apply to any national bank, federal savings association, or state savings association1 (collectively, bank)—become…

FHFA: Capital Planning Rule for Fannie Mae and Freddie Mac Proposed

Requirements in proposed rule represent another incremental step FHFA is taking to ensure safety and soundness at the Enterprises The Federal Housing Finance Agency (FHFA) today issued a proposed rule that would require Fannie Mae and Freddie Mac (the Enterprises) to develop, maintain, and submit annual capital plans to FHFA. This requirement helps protect taxpayers…