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Category Archives: Insights

CFPB reflects on 2023 enforcement actions; states upcoming enforcement goals

InsightsBy APPROVED LicensingFebruary 5, 2024

The Bureau reportedly filed 29 enforcement actions and resolved six final orders on previously filed lawsuits in 2023 and stated its intent to increase its capacity in 2024.

NYDFS pens guidance for vetting key senior officials within financial institutions

InsightsBy APPROVED LicensingJanuary 31, 2024

The final guidance came after a review process conducted over the past year where twenty comments indicated the need for Covered Institutions to build “robust character and fitness” policies.

Illinois proposes rule to evaluate mortgage community reinvestment

InsightsBy APPROVED LicensingJanuary 30, 2024

The Illinois Community Reinvestment Act is modeled off the Community Reinvestment Act, but expands its scope of covered financial institutions to include credit unions and licensed entities.

Colorado fines debt collector $500K for collecting on illegal loans

InsightsBy APPROVED LicensingJanuary 30, 2024

The company previously contracted to collect debt from consumers on behalf of unlicensed lending entities associated with Native American tribes, or Tribal Lending Entities (TLEs).

NYDFS and Fed fine bank for BSA/AML non-compliance

InsightsBy APPROVED LicensingJanuary 30, 2024

An investigation into the bank’s practices determined that the New York branch lacked any formal policies or training on confidential supervisory information (CSI).

FinCEN Finalizes Beneficial Ownership Information Access Rule as Reporting Rule Takes Effect

InsightsBy APPROVED LicensingJanuary 23, 2024

The Access Rule takes effect Feb. 20, 2024 and is the second of three FinCEN rulemakings to implement the Corporate Transparency Act. Read more on Orrick.com

FINRA report covers new topics including cryptoassets

InsightsBy APPROVED LicensingJanuary 23, 2024

Other new topics in the annual regulatory oversight report include OTC Quotations in Fixed Income Securities, Advertised Volume, and the Market Access Rule.

Student loan servicer fined $1.8M by Mass. AG

InsightsBy APPROVED LicensingJanuary 23, 2024

The settlement resolves allegations that the company did not properly communicate Income-Driven Repayment (IDR) plan renewals to borrowers.

NYDFS orders digital currency trading company to pay $8M

InsightsBy APPROVED LicensingJanuary 23, 2024

The company must also surrender its BitLicense for failing to meet compliance obligations related to NYDFS virtual currency and cybersecurity regulations.

States endorse the CFPB’s rule to regulate fintechs

InsightsBy APPROVED LicensingJanuary 23, 2024

A comment letter submitted by 19 state attorneys general emphasized the importance of regulating nonbank financial institutions, including popular digital payment applications.

Bank to pay $1.9M to resolve redlining suit

InsightsBy APPROVED LicensingJanuary 23, 2024

The DOJ alleged that the bank engaged in unlawful redlining in Memphis, Tennessee in violation of the Fair Housing Act, ECOA, and Regulation B.

New York floats BNPL legislation in FY 2025 budget

InsightsBy APPROVED LicensingJanuary 23, 2024

The proposed provisions would require buy now pay later financing providers to pay a fee and file a written application to receive a license, among other things.

Idaho publishes proposed rule changes on Mortgage Practices Act

InsightsBy APPROVED LicensingJanuary 16, 2024

According to the Idaho Department of Finance, the rule changes aim to “reduce regulatory burden by removing outdated requirements.”

FinCEN identity fraud report outlines statistics and processes

InsightsBy APPROVED LicensingJanuary 16, 2024

The report is part of a broader set of financial trend analyses conducted by FinCEN under section 6206 of the Anti-Money Laundering Act of 2020.

Oregon enacts money transmission bill regarding security devices

InsightsBy APPROVED LicensingJanuary 16, 2024

A security device is defined by Oregon law as a surety bond or an irrevocable letter of credit.

New York enhances consumer notification obligations on automatic renewals

InsightsBy APPROVED LicensingJanuary 16, 2024

Businesses must inform consumers about impending automatic renewals or continuous service charges at least forty-five days before charges are applied.

DFPI fines online platform for omitting convenience fee disclosures

InsightsBy APPROVED LicensingJanuary 16, 2024

The consent order resolved alleged violations of the California Consumer Financial Protection Law (CCFPL).

Federal court grants DFPI motion for summary judgment on commercial financing disclosure requirements

InsightsBy APPROVED LicensingJanuary 16, 2024

The court found that the California regulator’s disclosure requirements were lawful under the First Amendment and were not preempted by federal law.

NYDFS releases guidance on risk management

InsightsBy APPROVED LicensingJanuary 8, 2024

The guidance emphasizes the importance of managing significant financial and operational risks associated with climate change for New York State-regulated banking and mortgage institutions.

Fannie Mae releases notice on loan limit changes

InsightsBy APPROVED LicensingJanuary 8, 2024

Updates to its mortgage loan underwriting system, Desktop Underwriter, over the Jan. 20 weekend will support changes made to FHA and VA loan limits.

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