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Latest Regulatory News

Regulation B / Request for Information

The Consumer Financial Protection Bureau (CFPB) is requesting comments on creating a regulatory environment that will;

  1. Expands Access to Credit
  2. Ensure that all consumers and communities are protected from credit discrimination

Specifically, the CFPB is looking for comments on whether or not additional clarity / guidance is needed under the Equal Credit Opportunity Act (ECOA) and/or Regulation B in these areas;

  • Disparate Impact – Approach to the disparate impact analysis
  • Limited English Proficiency – Methods to encourage lending services in languages other than English
  • Special Purpose Credit Programs – How to facilitate use and regulatory uncertainty
  • Affirmative Advertising – Ways to encourage the use of advertising to disadvantaged consumers
  • Small Business Lending – Methods to support the credit needs of small minority & women owned businesses
  • Sex Discrimination – Definition of this in light of the Supreme Court Decision
  • Federal Preemption – The scope of preemption of State Law is inconsistent with ECOA & Regulation B
  • Public Assistance Income – How lenders can determine the continuance of public assistance benefits
  • Artificial intelligence (AI) & Machine Learning – The use of both for underwriting decisions
  • Adverse Action Notices – Full usage review of Adverse Action Notice

Note: Comments are due by December 1, 2020 (This has been extended from October 2, 2020)

Reference: Federal Register; August 3, 2020; pp. 46600-46603 and August 25, 2020; pp. 52332-52333

HPML Escrow Exemption for Certain Smaller Institutions

The CFPB has proposed changes to Regulation Z to provide a new exemption from the requirement to establish an escrow account for a higher priced mortgage loan (HPML). This would implement Section 108 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (P.L. 115-174; signed into law on 05.24/18).

Proposed Exemption will be available to insured depository institutions and credit unions that do not offer mortgage lending as a major business line. The exemption will apply if these criteria must be met;

  • Asset Size – Asset size must be 10 billion or less. Note: adjusted annually for the CPI
  • Volume – Originate less than 1,000 first mortgage loans in the prior calendar year
  • Location – Originated a first mortgage loan designated as “rural” or “underserved” in the previous calendar year
  • No Escrow Program – You must not escrow for any mortgages that you service, except in limited instances

Note: Comments are due by September 21, 2020

Reference: Federal Register; July 22, 2020; pp. 44228-44244

Emerging Regulatory Issues

Improving Corporate Governance Through Diversity Act – H.R. 5084

Key Provisions:

  1. Require certain issuers of securities to disclose the racial, ethnic, and gender composition of their
    board of directors, executive officers, and the status of any directors or officers that are veterans.
  2. Require the disclosure of any plan to promote racial, ethnic, and gender diversity among these
  3. Require the SEC to establish a Diversity Advisory Group to report on strategies to increase racial,
    ethnic, and gender diversity among board members.

11.14.19 Introduced in the House by Gregory Meeks
11.19.19 Passed the House

Complaint Management Compliance Tips

Four Tips for Greater Compliance

  1. Consumer Complaint Policy
    • Clearly outline the banks management program
    • Define what constitutes a complaint, including those which are identified as high-risk
    • Access and ease of filing a complaint, such as on the Website
  2. Complaint Management Processes and Procedures
    • Detail out the complaint lifecycle through tracking
    • Responsibility and Accountability clearly defined within the team
    • Process to escalate complaints
    • When to report to Management / Board
  3. Training
    • Confirm that all front-line employees and trained and re-trained
    • Confirm all employees know the escalation procedures
    • Know the time sensitivity of all complaints
    • Understand the resolution process both internally and externally
  4. Tracking, Trending, and Reporting
    • Learn from all complaints
    • Analyze your tracking, trending, and reporting
    • Provide complaint management guidelines for reviewing and analyzing causes
    • Retention and Reporting guidelines and resolution tracking

Reference: Michael Berman, CEO of Ncontacts; Banking Compliance; September / October 2020; pp. 35-36