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Top Story Compliance Related


Full bench to consider Bureau's appeal of PHH case

In October 2016, a three-judge panel of the U.S. Court of Appeals in Washington found that the Bureau's structure is unconstitutional, and ordered that the Director of the CFPB be considered as appointed for five year but serving "at the pleasure of the president" rather than subject to removal only "for cause," as provided in § 1011(c)(3) of the Dodd-Frank Act (See "Court limits CFPB Director's independence," October 12, 2016). The CFPB appealed that ruling, suspending its effect pending the appeal. CNBC has reported that, on Thursday, February 16, the Bureau's request for a hearing by the full panel was granted. Oral arguments on the appeal are scheduled for May 24.


MLA website problem revealed

The Department of Defense has posted a notice on its official Military Lending Act (MLA) website that between February 9 and February 15, 2017, there was a problem with MLA Multiple Record Requests that prevented 149 request files from processing. It was suggested that those who submitted a multiple record request file in between those dates, submit the file again for processing.


OCC revises Licensing Manual booklet

The OCC has issued Bulletin 2017-11 to announce the revision of the “Changes in Directors and Senior Executive Officers” booklet of the Comptroller’s Licensing Manual. The revised booklet updates procedures and requirements following the integration of the Office of Thrift Supervision into the OCC in 2011, and it incorporates revised regulations (12 CFR 5) that became effective July 1, 2015, addressing changes in directors and senior executive officers of national banks, federal savings associations, and federal branches.


Two removed from OFAC list

OFAC has posted a notice that the names of two individuals linked to transnational criminal organizations have been deleted from the OFAC SDN List. See BankersOnline's OFAC update for the details.


FEMA suspending communities from Flood Program

The Federal Emergency Management Agency has published a final rule at 82 FR 10962 in today's Federal Register identifying communities in Colorado, Illinois and Virginia where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension today, February 17, 2017, for noncompliance with the floodplain management requirements of the program.

  • Colorado—portions of Arapahoe County
  • Illinois—portions of Peoria, Tazewell and Whiteside counties
  • Virginia—the City of Norfolk and portions of Loudoun County


Bureau adds HMDA resources

The CFPB has updated the compliance resources available on HMDA filing requirements. Added resources include a webinar discussing identifiers and other data points, and a chart that illustrates banks' options for collecting and reporting ethnicity and race information required under Regulation C.


Morgan Stanley pays $8M to settle SEC charges

The Securities and Exchange Commission has announced that Morgan Stanley Smith Barney has agreed to pay an $8 million penalty and admit wrongdoing to settle charges related to single inverse ETF [exchange-traded funds] investments it recommended to advisory clients. The SEC’s order found that Morgan Stanley did not adequately implement its policies and procedures to ensure that clients understood the risks involved with purchasing inverse ETFs. Among the order’s findings, Morgan Stanley failed to obtain from several hundred clients a signed client disclosure notice, which stated that single inverse ETFs were typically unsuitable for investors planning to hold them longer than one trading session unless used as part of a trading or hedging strategy. Morgan Stanley solicited clients to purchase single inverse ETFs in retirement and other accounts, the securities were held long-term, and many of the clients experienced losses.


Debt collector settles with FTC for $700K

The Federal Trade Commission has reported that GC Services Limited Partnership, a large debt collector based in Houston, Texas, that has been charged with using unlawful tactics to collect on federal student loans and other debts, will pay a $700,000 civil penalty under a settlement with the Commission. The complaint filed by the Justice Department on behalf of the Commission alleged that the company’s collectors left phone messages that illegally disclosed purported debts to others without their permission. GC Services employees also called consumers multiple times after being told that the person who answered did not owe the debt, that they had called the wrong person, or that the person they wanted could not be reached there. According to the Commission, GC Services also falsely claimed that it would take steps to prevent its employees from making unlawful calls to third parties to find a debtor. See our Penalty page for further information.


FTC reports on combatting illegal debt collection practices

The Federal Trade Commission has sent to the CFPB a summary and the full text of its report of 2016 work on debt collection practices for inclusion in the CFPB’s annual report to Congress on the Fair Debt Collection Practices Act (FDCPA), as required by the Dodd-Frank Act. The FTC and the CFPB share FDCPA enforcement responsibilities. In 2016, the Commission:

  • filed or resolved 12 cases against 61 defendants, and obtained nearly $70 million in judgments
  • banned 44 companies and individuals that engaged in serious and repeated violations of law from ever working in debt collection again
  • secured successful summary judgment decisions in three litigated matters, resulting in orders banning defendants from the debt collection industry


FinCEN proposing SAR data fields revisions

FinCEN has published at 82 FR 9109 in the Federal Register a notice and request for comments on a proposed update and revisions to the collection of information filings by financial institutions required to file such reports under the Bank Secrecy Act (“BSA”). This notice does not propose any new regulatory requirements or changes to the requirements related to suspicious activity reporting. The data fields reflect the filing requirement for all filers of SARs under the BSA. Most of the proposed changes would alter the "checklist" of violations in Part II of the filings, including the addition of several fields related to cyber events. Comments are due by April 3, 2017.


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UDAAP Reality Check

We will explore what makes a practice unfair or deceptive by digging into what regulators and the courts have had to say.

Stop That Payment!

Bankers must understand the differences between the use of their systems' stop payment functionality and the actual right to stop payment

Penalties View All

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