Financial Institutions

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Haley Metteauer Haley Metteauer

Federal Regulators Issue Interagency Notice of Proposed Rulemaking to Amend the Community Reinvestment Act

On May 5, 2022, the Board of Governors of the Federal Reserve System (“Board”), the Federal Deposit Insurance Corporation (“FDIC”), and the Office of the Comptroller of the Currency (“OCC”) released a notice of proposed rulemaking (“NPR”) to overhaul the agencies’ regulatory framework for evaluating banks’ CRA performance.

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Haley Metteauer Haley Metteauer

CFPB Director Chopra Affirms Agency’s Priorities Before Senate Committee

On April 26, 2022, the Consumer Finance Protection Bureau (“CFPB”) Director Rohit Chopra spoke before the Senate Committee on Banking, Housing, and Urban Affairs (“Committee”) and outlined the CFPB's commitments in conjunction with the CFPB’s submission of the Semiannual Report to Congress.

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Haley Metteauer Haley Metteauer

FSB Publishes a Report on Climate-Related Risks Relevant to Financial Regulators

On April 20, 2022, the Financial Stability Board (“FSB”) published a report intended to assist financial regulators and supervisors in establishing their monitoring, managing, and mitigating “sector and system-wide risks arising from climate change” and creating a consistent approach across sectors and jurisdictions to addressing these risks, such that “market fragmentation” is avoided.

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Haley Metteauer Haley Metteauer

Large U.S. Banks Reject Shareholder Climate Resolutions

The Interfaith Center on Corporate Responsibility and several co-filers (collectively, the “Shareholders”), filed proposals with United States and Canadian banks, outlined below, resolving that several large banks institute a company policy that places parameters around lending to fossil fuel companies by the end of 2022.

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Haley Metteauer Haley Metteauer

CFPB Announces Invocation of Authority to Examine Nonbank Companies

On April 25, 2022, the Consumer Finance Protection Bureau (“CFPB” or “Bureau”) announced that it will be “invoking a largely unused legal provision” that permits it to examine nonbank financial institutions, such as financial technology companies (“fintech”), based on the potential risk that fintechs' operations pose to consumers.

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Haley Metteauer Haley Metteauer

Ask the Regulator RE: Incident Notification Rule Summarized

On April 28, 2022, the Federal Reserve, Federal Deposit Insurance Corporation, and Office of the Comptroller of the Currency (collectively, the “Agencies”) hosted an Ask the Regulators webinar regarding their Computer-Security Incident Notification Rule (“Rule”).

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Haley Metteauer Haley Metteauer

UCC to Amend Model Commercial Code to Reflect Emerging Technologies

In July of 2021, the UCC Committee (“Committee”), appointed by the American Law Institute ("ALI") and the Uniform Law Commission ("Commission") presented an initial draft of amendments to the Commission at the Commission's annual meeting. These amendments have been reviewed, amended, and approved by ALI Members Consultative Group (“MCG”) in January 2022.

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Haley Metteauer Haley Metteauer

A Coalition of 18 Attorney Generals Call for Overdraft Fee Elimination

On April 4, 2022, a coalition of 18 state attorneys general led by New York Attorney General Letitia James (collectively, “AGs”) called on JPMorgan Chase, Bank of America, U.S. Bank, and Wells Fargo (collectively, the “outlying banks”) executives “to eliminate all overdraft fees on consumer bank accounts.”

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Haley Metteauer Haley Metteauer

FDIC and FinCEN Announce Winning Teams for Digital Identity Tech Sprint

On April 5, 2022, the Federal Deposit Insurance Corporation (“FDIC”) and the Financial Crimes Enforcement Network (“FinCEN”) announced three teams of experts to approach creativity, effectiveness and market readiness and who will lead the charge in assessing and measuring “the effectiveness of digital identity proofing—the process used to collect, validate, and verify information about a person.”

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Haley Metteauer Haley Metteauer

FDIC Requests Comment on Bank Merger Regulatory Framework

On March 25, 2022, the Federal Deposit Insurance Corporation (“FDIC”) published a request for public comment on “the application of the laws, practices, rules, regulations, guidance, and statements of policy for merger transactions involving an insured depository institution.”

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Haley Metteauer Haley Metteauer

Federal Banking Agencies Issue Notice of Proposed Rule to Amend Uniform Administrative Rules

On March 22, 2022, the Federal Reserve Board (“Fed”), Federal Deposit Insurance Corporation (“FDIC”), National Credit Union Administration (“NCUA”) and the Office of the Comptroller of the Currency (“OCC”) issued a Notice of Proposed Rulemaking (“NPR”) amending the Uniform Rules of Practice and Procedures (“Uniform Rules”) governing the conduct of banking agencies’ administrative proceedings.

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Haley Metteauer Haley Metteauer

CFPB Releases Report Evidencing Billions in Credit Card Late Fee Penalties

On March 29, 2022, the CFPB reported that issuers of consumer credit cards charged $12 billion in late fees in 2020. According to CFPB Director Rohit Chopra, the report affirms that many credit card issuers have utilized late fee penalties as “a core part of their profit model[,]” which suggests that the current practices will continue and lead to a rise in added fees in the near future as inflation rises.

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