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CFPB proposes to let GSE patch expire
Posted Date: Thursday, July 25, 2019
Although the temporary exemption under the Ability-to-Repay/Qualified Mortgage (ATR/QM) Rule known as the GSE patch is not set to expire until Jan. 10, 2021, the mortgage industry has been buzzing for years about the impending problems which its removal could cause for credit availability throughout the country.
The worry just became real, as the Consumer Financial Protection Bureau announced it would propose allowing the GSE patch to expire.
Read on for more details from the announcement.
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ICBA: CFPB on right track to fixing QM
Posted Date: Tuesday, July 30, 2019
Financial industry insiders largely agree on one thing regarding the “patch” created for the Consumer Financial Protection Bureau’s (CFPB) Ability-To-Repay/Qualified Mortgage (ATR/QM) Rule – it is necessary only because the QM standard is flawed.
Ron Haynie of the Independent Community Bankers of America told Dodd Frank Update he believes the bureau is asking the right questions in its advance notice of proposed rulemaking (ANPR) regarding what needs to be done to fix the QM framework.
Find out what he had to say on the matter.
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Applying predictive analytics to credit scoring, beyond
Posted Date: Wednesday, August 28, 2019
Among the individual components operating in the background of most artificial intelligence (A.I.) systems is predictive analytics. The process has proven effective in numerous other business processes and is a driving force behind many of A.I.’s capabilities.
Blend Enterprise Compliance Manager Austin Miller and John Vong, executive chairman and founder of ComplianceEase, explained to Dodd Frank Update how predictive analytics has evolved and its value in credit scoring, underwriting and appraisals.
Learn what insight the experts had to share about its evolution.
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LEP mandate lifted from URLA, use delayed
Posted Date: Friday, August 9, 2019
The Federal Housing Finance Agency (FHFA) directed the government-sponsored enterprises (GSEs) Thursday to remove the required Limited English Proficiency (LEP) question from its redesigned Uniform Residential Loan Application (URLA) and automated underwriting system.
Consequently, FHFA and the GSEs said they will extend the URLA compliance deadline beyond the Feb. 1, 2020, effective date.
Find out how the GSEs will gather borrower language information going forward.
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FHFA rule allows for new credit scoring models
Posted Date: Friday, August 16, 2019
Fannie Mae and Freddie Mac will use a four-phase process for validating and approving third-party credit score models under the Federal Housing Financial Agency’s (FHFA) new final rule, which implements Section 310 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA).
The new rule describes each phase in detail and establishes timeframes for each. The rule also details how the GSEs will handle their current credit-scoring model – “Classic FICO.”
Find out more about the implications of the final rule.
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NS3: Lenders discuss value of collaboration in closings
Posted Date: Friday, August 9, 2019
In the mortgage process, collaboration between all parties involved is crucial to completing a transaction in a timely, compliant fashion. At no point in the process is it more important perhaps than at the closing table.
Robert Hinson of Bank of America and Jerra Ryan of First Choice Loan Services Inc. talked about the importance of collaboration during the aptly-titled session “Lender Panel: Collaboration in Closings” during the 2019 National Settlement Services Summit in Phoenix. Brian Webster of Wells Fargo Home Lending moderated the session.
Get a taste of what NS3 attendees learned from these industry insiders.
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CFPB ombudsman pick reignites controversy
Posted Date: Tuesday, August 20, 2019
After almost a year without a private education loan ombudsman, the Consumer Financial Protection Bureau (CFPB) has tapped Robert Cameron to fill the role infamously vacated by Seth Frotman in August of last year, leaving a scathing resignation letter for former acting director Mick Mulvaney in his wake.
The fact that Cameron comes to the bureau having served as deputy chief counsel and vice president of enterprise compliance at the Pennsylvania Higher Education Assistance Authority, which operates FedLoan Servicing, is viewed by critics as reason to doubt the bureau’s intention to take seriously its statutory obligation to regulate the student lending industry.
Learn more about the bureau’s pick and the various reactions to it.
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CFPB finds positive results from alternative credit model
Posted Date: Tuesday, August 13, 2019
Nearly two years after granting a no-action letter to Upstart Network for its work on using alternative data and machine learning in making credit underwriting and pricing decisions, the Consumer Financial Protection Bureau publicly announced early findings from the program.
The findings announced by the bureau showed expansion in credit availability with no fair lending disparities.
What improvements were made in credit expansion, and how does the bureau view the results moving forward? Read on for more details.
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Equifax settlement contrasts FTC, CFPB authority
Posted Date: Monday, July 22, 2019
Equifax has agreed to pay up to $700 million in fines and redress and provide years of free credit monitoring to consumers whose personal information was exposed in a massive 2017 data breach as part of its settlement with the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau and several states’ attorneys general.
The settlement highlights standards state and federal regulators believe companies that collect and store private consumer information should abide by, as well as the FTC’s need to rely on other agencies’ abilities to issue civil money penalties in similar cases.
Learn more details about the proposed settlement.
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CFPB settles first remittance rule action
Posted Date: Thursday, September 5, 2019
In its first enforcement action citing violations of the agency’s remittance transfer rule, the Consumer Financial Protection Bureau (CFPB) settled charges that Maxitransfers Corp. (Maxi) failed to follow policies and procedures compliant remittance-transfer standards.
The company also allegedly misled consumers via inaccurate language in statements pertaining to its liability for third-party errors.
Find out more about this landmark enforcement action.
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Powell says economy in ‘favorable place’ with mortgage rates at 3-year low
Posted Date: Tuesday, August 27, 2019
Less than a month after the Federal Reserve’s first interest rate cut since the financial crisis, Federal Reserve Chairman Jerome Powell gave indications that another cut could be on the horizon, according to some economists.
Given that the July drop in interest rates had little impact on mortgage rates, which are at their lowest levels since 2016, it is difficult to say what impact another Fed-initiated interest rate dip would have for mortgage lenders.
Learn more about the implications of Powell’s speech and of a possible impending rate cut.
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Congressional talk continues about data security
Posted Date: Tuesday, August 27, 2019
Amid the multitude of call for universal data security standards in the wake of major cyberattacks on some the country’s largest companies is bipartisan agreement that something should be done to address the issue from a legislative standpoint. However, the question that has yet to be definitively answered in that regard is: “what?”
House Financial Services Committee (FSC) Ranking Member Patrick McHenry (R-N.C.) called for a committee hearing on cybersecurity and data protection in a recent letter to Chairwoman Maxine Waters (D-Calif.). Waters also has expressed support for taking steps toward addressing data security issues through legislation.
Find out more details about the latest call to action on data security.
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House Dems condemn CFPB payday rule delay
Posted Date: Tuesday, August 27, 2019
A coalition of more than 100 Democratic congressional representatives wrote to Consumer Financial Protection Bureau Director Kathy Kraninger, urging her to reconsider the bureau’s final rule delaying implementation of its 2017 payday lending rule.
The House members, led by Financial Services Committee Chairwoman Maxine Waters (D-Calif.), condemned the delay as a giveaway to payday lenders at the expense of consumers.
Find out more about what the legislators had to say.
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ABA asks for HVCRE proposal clarification
Posted Date: Tuesday, August 27, 2019
The American Bankers Association asked federal banking regulators to clarify the capital treatment of land development loans for single-family homes in a comment letter to the agencies.
In response to a rule proposal on high-volatility commercial real estate, the association said the proposal does not conform with the intent of the S. 2155 law with which the rule is supposed to align.
Read on for more details.
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Long-awaited Volcker Rule changes finalized
Posted Date: Friday, August 23, 2019
Bankers’ calls for a tailored, streamlined approach to enforcing the regulatory framework implementing Section 619 of the Dodd-Frank Act provision, commonly known as the “Volcker Rule,” have been answered by a newly finalized joint agency rule revising provisions governing banks’ ability to engage in proprietary investment activities.
Regulators and banking industry advocates assert that the final rule will bring appropriate regulatory relief to the banking industry without compromising safety and soundness. However, credit union advocates and consumer groups have cast doubts on the latter notion.
Learn more details about the newly finalized rule.
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Court favors NCUA on FOM definitions, notes redlining risk
Posted Date: Friday, August 23, 2019
A federal court ruled in favor of the National Credit Union Administration in an ongoing dispute with the American Bankers Association over the agency’s 2016 field-of-membership (FOM) rule, but left open the possibility for further debate over ABA’s argument that the rule could come with redlining risk.
Trade associations supporting both sides of the dispute weighed in on the three-judge panel’s ruling.
Find out what reasoning the judges offered for their opinion.
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ICBA doubles down urging ILC charter denial
Posted Date: Friday, August 23, 2019
Continuing in its ongoing effort to prevent fintechs from exploiting a “loophole” in federal banking laws, the Independent Community Bankers of America (ICBA) once again urged the Federal Deposit Insurance Corp. to impose an immediate moratorium on industrial loan company (ILC) charters and to deny a high-profile applicant’s bid to obtain one.
The letter represents ICBA’s second formal effort to prevent the company from obtaining an ILC charter. The first came shortly after it filed the charter application in late July.
Find out more about why the association does not believe the company should be chartered.
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FDIC proposes new rate cap calculation methodology
Posted Date: Friday, August 23, 2019
The Federal Deposit Insurance Corporation (FDIC) recently proposed a new methodology for calculating interest rate restrictions for entities considered not to be well-capitalized insured depository institutions.
Per the FDIC’s notice of proposed rulemaking (NPR), the national rate would be the weighted average of rates offered on a given deposit product by all reporting institutions weighted by domestic deposit share.
Find out more about the proposal and how to comment.
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FCC announces ‘anti-robocall principles’
Posted Date: Friday, August 23, 2019
In a unified effort to combat the rising number of illegal robocalls targeting consumers, the Federal Communications Commission (FCC) recently voted to adopt a set of key principles for stemming the growing problem.
In addition to FCC, the “Anti-Robocall Principles” have been agreed upon by 12 service providers and attorneys general from all 50 states and the District of Columbia.
Read on to learn more about the principles.
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OCC amends assessment refund policy
Posted Date: Friday, August 23, 2019
The Office of the Comptroller of the Currency (OCC) has announced plans to amend its rules for assessing partial refunds owed to national banks, federal thrifts and federal branches of foreign banks that leave OCC jurisdiction before the end of the six-month assessment period.
The American Bankers Association said the rule would improve fairness in the refund policy.
Find out more details about the amendments.
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Warren: Investigate FTC over ‘misleading’ Equifax statements
Posted Date: Tuesday, August 20, 2019
The terms of the settlement between Equifax and federal regulators over the massive data breach that exposed millions of consumers’ personally identifiable information have been criticized for not providing sufficient funds for redress.
The terms also are unacceptable to Sen. Elizabeth Warren (D-Mass.), who is calling for an investigation as to whether the Federal Trade Commission (FTC) was “misleading” in its statements about the sort of redress the public could expect as a result of its agreement with Equifax.
Read on to learn more about this situation, and what specifically Warren had to say regarding the settlement.
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MBA supports lender certification revisions
Posted Date: Tuesday, August 20, 2019
The Federal Housing Administration’s (FHA) proposed revisions to its annual lender certification have drawn support from the financial industry.
The recommended changes are intended to better align the certification with statutory requirements and regulations without undermining its ability to hold lenders accountable.
Find out more about the industry’s reaction to the proposed changes.
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HUD rule would impact ‘disparate impact’ standard
Posted Date: Tuesday, August 20, 2019
Lenders concerned with complying with fair lending laws would be well-advised to take heed of the U.S. Department of Housing and Urban Development’s (HUD) newly proposed rule that would amend the agency’s interpretation of the Fair Housing Act’s (FHA) disparate impact standard.
The proposal would implement a framework for establishing legal liability for facially neutral practices that have unintended discriminatory effects on consumers protected under FHA provisions.
Learn more about the proposal and the reaction to it.
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NCUA issues guidance on hemp business lending
Posted Date: Tuesday, August 20, 2019
In an effort to clarify how credit unions may serve a specific segment of the cannabis industry without fear of regulatory reprisal, the National Credit Union Administration (NCUA) published a guidance stipulating what credit unions should consider when doing business with lawfully operating hemp businesses.
The agency noted that the guidance will be revised and updated once the U.S. Department of Agriculture finalizes forthcoming regulations and guidelines.
Learn more details about how financial entities can safely service hemp-related business.
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CFPB offers to redress harmed veterans, others in settlement
Posted Date: Friday, August 16, 2019
Consumers harmed by a business owner charged with misrepresenting his companies’ product offerings may be eligible for redress from the Consumer Financial Protection Bureau’s (CFPB) Civil Penalty Fund.
The CFPB and the office of the Arkansas Attorney General determined that the business owner is unable to pay the proposed $2.7 million joint settlement, based on sworn financial statements.
Learn more details about the settlement and the bureau’s redress plans.
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FHA rule revises condo policy, guidance
Posted Date: Friday, August 16, 2019
The Federal Housing Administration’s (FHA) long-awaited condominium final rule and implementation guidance is intended to bring regulatory relief to the industry by providing for increased flexibility and responsiveness to ever-changing market conditions.
FHA estimates that the new rule would make between 20,000 and 60,000 more condominium units eligible for FHA-insured financing annually. It is set to take effect Oct. 15.
Learn more details about the policy update.
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FASB seeks feedback on CECL delay proposal
Posted Date: Friday, August 16, 2019
The Financial Accounting Standards Board (FASB) has revealed more details about its proposal to delay the effective date of its Current Expected Credit Loss (CECL) accounting standards until 2023 for smaller financial entities.
Industry stakeholders, who were largely supportive of the board’s vote to delay CECL implementation in July, are being asked to review the proposal and provide feedback.
Find out more details about the proposal and how to send feedback.
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CUNA urges national data security standards in letter to FTC
Posted Date: Friday, August 16, 2019
The Credit Union National Association (CUNA) wrote to the Federal Trade Commission (FTC) in support of amendments to the Safeguards Rule, which requires financial institutions to develop, implement and maintain a comprehensive security program to keep consumer information secure.
Although CUNA generally was supportive of proposed changes by the FTC, it reiterated its strong support for national data security standards from Congress, adding the FTC was “in the position to help lead the effort for robust protection for all consumers.”
Read on for more details from CUNA’s comment letter.
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Republicans push for faster S 2155 adoption
Posted Date: Friday, August 16, 2019
Republicans on the Senate Banking Committee recently wrote to federal banking regulators to urge the swifter adoption of changes made from recent regulatory financial reform in S. 2155.
“More can still be done to support the economic expansion,” the senators, led by Chairman Mike Crapo (R-Idaho), said in the letter.
Read on for details of where the senators want regulators to focus their efforts to hasten regulatory relief.
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ITT settles with CFPB, will not have to pay fine
Posted Date: Tuesday, August 13, 2019
ITT Educational Services, Inc. has agreed to a proposed $60 million settlement with the Consumer Financial Protection Bureau (CFPB) for alleged unfair and abusive practices related to student loans.
Although former ITT students will have their existing loan debt forgiven as a result of a previous action, a stipulated final judgment stated that the technical college, which is in bankruptcy, will not have to pay the settlement amount.
Find out more details about the settlement and the stipulated final judgment.
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DOJ steps into auto finance case involving SCRA
Posted Date: Tuesday, August 13, 2019
The Department of Justice recently announced it had reached a settlement with the financing arm of an auto provider, alleging violations of the Servicemembers Civil Relief Act (SCRA).
The settlement, for $3 million, is the department’s 10th settlement with an auto finance provider since 2015, DOJ stated, settling allegations that the company repossessed vehicles without first obtaining required court orders, and failed to refund up-front amounts to servicemembers who lawfully terminated their leases early after receiving military orders.
Read on for details from the action.
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Cash-out refis get tougher standards from FHA, Ginnie
Posted Date: Tuesday, August 13, 2019
The Federal Housing Administration and Ginnie Mae announced new standards for cash-out refinance loans set to take effect later this year.
FHA’s requirements will affect loan-to-value ratios for mortgages beginning in September, while Ginnie Mae’s announcement targets the ability to pool Veterans Administration cash-out refis into Ginnie pools beginning in November.
Read on for details of the moves and the reasoning behind the decisions.
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CFPB issues TILA inflation adjustments
Posted Date: Tuesday, August 13, 2019
The Consumer Financial Protection Bureau recently announced its annual statutory changes to TILA thresholds for the Credit Card Accountability Responsibility and Disclosure Act of 2009, the Home Ownership and Equity Protection Act of 1994, and other aspects of the Dodd-Frank Act.
The adjustments are required based on the annual percentage change in the Consumer Price Index.
Read on for details of the new threshold levels, adjusted for inflation.
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Ellie Mae expands HELOC lending automation in Encompass
Posted Date: Monday, August 12, 2019
Ellie Mae recently expanded the functionality of its cloud-based platform, created for the mortgage finance industry, with the addition of automation capabilities. The addition is designed to enable the company’s Encompass Digital Lending Platform to be more efficient in home equity line of credit (HELOC) lending, helping lenders acquire HELOC customers and originate and sell HELOCs with higher return on investment in a single platform, according to a press release.
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Fed developing real-time payments system
Posted Date: Friday, August 9, 2019
By pledging to develop a real-time gross settlement service called FedNow Service to enable community banks and credit unions to offer the same types of expedited payment processes as large banks, the Federal Reserve alleviated concerns for certain trade advocates worried about the prospect of a large-bank monopoly on such services.
Numerous financial trade advocates have urged the Fed to use its authority to create such a tool to level the playing field in the real-time payments market.
Find out more about the planned new payments system.
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Brookings: Fed payments proposal highlights statutory conflict
Posted Date: Friday, August 9, 2019
Although the Federal Reserve’s decision to begin developing a real-time gross payment settlement system aligns with advocacy goals stated by community banks and credit unions, not all industry insiders believe it is the right call for the financial marketplace.
Brookings fellow Aaron Klein recently wrote the Fed, describing why the creation of such a system highlights a conflict in the Fed’s statutory mission.
Learn what points he made in his comment letter.
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CFPB extends comment period on debt collection
Posted Date: Friday, August 9, 2019
The Consumer Financial Protection Bureau has extended the comment period on its Notice of Proposed Rulemaking (NPRM) implementing the Fair Debt Collection Practices Act.
Similar to the reasoning behind its recent decision to extend the comment period on new Home Mortgage Disclosure Rule changes, the bureau hopes to provide commenters more time to consider the issues raised by the NPRM, gather data and prepare their responses.
Get more details about the bureau’s decision.
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NCUA alerts industry of email fraud risk
Posted Date: Friday, August 9, 2019
Reporting a rise in losses related to compromised business email systems, the National Credit Union Administration (NCUA) has sent out an alert advising credit unions of steps that can be taken to prevent email fraud.
NCUA recommended that entities report instances of such fraud to the FBI’s Internet Crime Complaint Center immediately when they occur.
Read on to get more details about the agency’s advice for avoiding and reporting such incidents.
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MQMR appoints mortgage industry veteran as head of operations
Posted Date: Thursday, August 8, 2019
Mortgage Quality Management and Research, LLC (MQMR) recently hired longtime mortgage and real estate professional Stephen Sherman as its chief operating officer, bringing more than 30 years of experience in mortgage servicing, secondary marketing, warehouse lending, commercial real estate sales, corporate consulting and REO management services to the company, according to a press release.
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Mortgage company owner confirms identity in CFPB investigation
Posted Date: Tuesday, August 6, 2019
The owner of an independent mortgage company in Chicago, which The Title Report reported Sunday was under investigation by the Consumer Financial Protection Bureau, has confirmed his company’s role in the investigation.
For the latest on this potentially industry-changing case, read on.
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Freedom Mortgage acquires J.G. Wentworth Home Lending
Posted Date: Monday, August 5, 2019
Freedom Mortgage Corp. recently finalized an agreement to acquire J.G. Wentworth Home Lending, LLC, a subsidiary of J.G. Wentworth Company and one of the nation’s largest direct and retail home mortgage lenders, according to a press release. Terms of the deal were not disclosed. Freedom Mortgage is a privately held, full-service mortgage lender licensed in all 50 states.
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CFPB on verge of industry-changing lawsuit
Posted Date: Sunday, August 4, 2019
The Title Report, a sister publication of Dodd Frank Update, has learned from multiple sources that the Consumer Financial Protection Bureau is on the verge of filing a lawsuit against an independent mortgage lender concerning violations of the Equal Credit Opportunity Act (ECOA).
If the regulators file expected allegations, sources said the lawsuit could effectively end the industry’s ability to market and advertise their services through a variety of channels, including trade publications, online media, newspapers, radio stations and TV for fear of regulators charging companies with ECOA violations based on the predominant demographics or political leanings of each media outlet.
Read on for more details from this potentially wide-reaching action.
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Will regulators handle Capital One breach like Equifax?
Posted Date: Friday, August 2, 2019
With the dust far from settled on the largest data breach to date, Capital One revealed that it too has suffered a major breach, exposing personal information for 106 million credit card customers in U.S. and Canada.
The incident already has caught the ire of the New York Attorney General’s office and could be the subject of federal regulatory action similar to that recently taken against Equifax.
Learn more about the breach and its potential regulatory implications.
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FTC advises Equifax claimants to take credit monitoring
Posted Date: Friday, August 2, 2019
Responding to the massive amount of claims being filed in the wake of Equifax’s recent data-breach settlement with the Federal Trade Commission (FTC) and state regulators, the FTC has advised affected consumers to opt for the free credit-monitoring settlement option rather than seeking a one-time cash payment of $125.
The commission’s reasoning is simple: There’s not enough cash to go around.
Find out more details about the situation.
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HUD, OneWest settle redlining case from Mnuchin, Otting time
Posted Date: Friday, August 2, 2019
At a time when the president is being criticized over Twitter comments he made about a group of freshman House representatives, two administration officials have been in the news for their roles in fair lending violations.
A complaint filed by the California Reinvestment Coalition (CRC) alleged that, from 2014 to at least 2017, OneWest Bank/CIT Bank discriminated against minority borrowers. Treasury Department Secretary Steven Mnuchin and Comptroller of the Currency Joseph Otting are former top executives of OneWest Bank.
Learn more details about the matter.
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FinCEN, agencies issue BSA/AML supervision statement
Posted Date: Friday, August 2, 2019
Federal regulators recently outlined a new risk-based approach to assess banks for Bank Secrecy Act/anti-money laundering (BSA/AML) rule compliance as part of an ongoing effort to increase transparency regarding their supervisory process.
Through its risk-focused approach, the federal agencies and the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) said they intend to better tailor examination plans and procedures based on the unique risk profiles of individual banks in a joint statement.
Find out more about the new risk-based approach.
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State bankers argue against NCUA deposit cap increase
Posted Date: Friday, August 2, 2019
State banking groups pressed the National Credit Union Administration’s (NCUA) to withdraw its proposed rule which would allow federal credit unions to accept insured deposits of up to half of their paid-in and unimpaired capital and surplus, less the public unit and non-member shares.
Credit union advocates dismissed the bankers’ attacks and the research cited as the basis for them.
Find out what arguments have been levied on both sides.
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CFPB solicits more feedback on HMDA coverage thresholds
Posted Date: Friday, August 2, 2019
As the agency committed to doing previously, the Consumer Financial Protection Bureau (CFPB) has reopened the comment period on proposed changes to coverage thresholds in its May 2019 notice of proposed rulemaking (NPR) relating to Regulation C, which implements the Home Mortgage Disclosure Act.
Among the aspects the CFPB is seeking feedback on the bureau’s proposed data collection thresholds for closed-end mortgage loans and for open-end lines of credit.
Learn more information by reading on.
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Bank of America enters Ohio market
Posted Date: Tuesday, July 30, 2019
Making its first expansion into the Ohio market, Bank of America recently opened its first full-service financial center in Cincinnati with plans to open a similar facility in Columbus shortly after. The move brings the company’s retail banking, lending and small business services, plus investing with Merrill, to new and existing clients in the areas, according to a press release.
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ReverseVision names new VP of operations
Posted Date: Monday, July 29, 2019
ReverseVision, which provides technology and training for the Home Equity Conversion Mortgage (HECM) industry, recently appointed Sunny Mahdii as its vice president of operations. Mahdii will work with ReverseVision’s professional services, training, implementation, document management and customer success teams to execute a holistic operations strategy, according to a press release.
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