Alerts Now

Stay informed of all regulatory changes regardless of stage! Receive the latest Financial Services industry compliance news every week, including summaries of relevant announcements from more than 20 different regulatory bodies and overviews of personnel and products affected. Focusing on the changes that may impact your training and policy management programs our service covers the following agencies and more:

  • CFPB (Consumer Financial Protection Bureau)
  • FDIC (The Federal Deposit Insurance Corporation)
  • IRS (Internal Revenue Service)
  • OCC (The Office of the Comptroller of the Currency)
  • Federal Reserve, NCUA (The National Credit Union Administration)
  • FinCEN (Financial Crimes Enforcement Network)
  • HUD (The Department of Housing and Urban Development)
  • Alerts Now
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    FHFA Requests Input on Multifamily Tenant Protections

    Issue Date:May 29, 2023
    Agency:FHFA
    Highlights:

    ​FHFA took a number of actions that provided multifamily tenant protections and support for multifamily property owners during the COVID-19 national emergency.  FHFA’s decision to evaluate the Enterprises’ multifamily tenant standards is based on lessons learned from COVID-19, rising rents, and a shortage of safe and affordable housing in America.

    Reference:
    FHFA Requests Input on Multifamily Tenant Protections | Federal Housing Finance Agency
    Personnel Affected:mortgage servicers
    Status:Comments Due
    Keywords:multifamily mortgages
    Effective Date:07/31/2023
    Institution Types Affected:Mortgage servicers
    Institution Action Items:Submit comment on the proposed rule
    Institutional Products Affected:mortgages
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    CFPB Issues Rule to Facilitate Orderly Wind Down of LIBOR

    Issue Date:April 28, 2023
    Agency:CFPB
    Highlights:

    The Consumer Financial Protection Bureau (CFPB) issued an interim final rule amending the agency’s 2021 LIBOR transition rule. The interim final rule contains updates to reflect the subsequent enactment of the Adjustable Interest Rate (LIBOR) Act and issuance of an implementing regulation by the Board of Governors of the Federal Reserve Board System. This interim final rule will further facilitate the orderly transition of those consumer loans that currently use the LIBOR index to other indices in anticipation of the planned cessation U.S. Dollar (USD) LIBOR after June 30, 2023. This interim final rule is effective May 15, 2023. Comments must be received on or before 30 days after publication in the Federal Register.

    Reference:

    https://www.consumerfinance.gov/about-us/newsroom/cfpb-issues-rule-to-facilitate-orderly-wind-down-of-libor/

    Personnel Affected:Commercial and Mortgage Lending Personnel, Board and Senior Management
    Status:Final Rule
    Keywords:LIBOR
    Effective Date:06/15/2023
    Institution Types Affected:all financial institutions
    Institution Action Items:Submit comments based on the final rule changes by June 15, 2023
    Institutional Products Affected:Commercial and Residential Lending Products
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    SEC Reopens Comment Period for Proposed Rule Amendments to Modernize Beneficial Ownership Reporting

    Issue Date:April 28, 2023
    Agency:SEC
    Highlights:

    The Securities and Exchange Commission today reopened the comment period for its proposed amendments to modernize the rules governing beneficial ownership reporting, and the staff of the Commission’s Division of Economic and Risk Analysis released a memorandum that provides supplemental data and analysis related to the proposed amendments’ economic effects. The public comment period will remain open until June 27, 2023, or until 30 days after the date of publication of the reopening release in the Federal Register, whichever is later.

    Reference:

    SEC.gov | SEC Reopens Comment Period for Proposed Rule Amendments to Modernize Beneficial Ownership Reporting

    Personnel Affected:BSA officer
    Status:Comments Due
    Keywords:beneficial ownership
    Effective Date:06/27/2023
    Institution Types Affected:all financial institutions
    Institution Action Items:Provide comments based on the proposed rules.
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    OCC Issues Guidance on Overdraft Protection Programs

    Issue Date:April 26, 2023
    Agency:OCC
    Highlights:

    The guidance provides background information on overdraft protection programs and identifies certain practices that may result in heightened risk exposure. These practices include assessing overdraft fees on “authorize positive, settle negative” transactions and assessing a fee each time an item is presented for payment after it was returned for non-sufficient funds (representment fees). The guidance also describes several practices that may help banks control risks associated with overdraft protection programs, as well as compliance with section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices.

    Reference:
    OCC Issues Guidance on Overdraft Protection Programs | OCC
    Personnel Affected:Compliance officer
    Status:Guidance
    Keywords:overdraft
    Effective Date:
    Institution Types Affected:Depository institutions
    Institution Action Items:Review guidance and compare it to institution policies for overdraft protection programs.
    Institutional Products Affected:Deposit transaction accounts
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    CFPB Issues Guidance to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages

    Issue Date:April 26, 2023
    Agency:CFPB
    Highlights:

    Today, the Consumer Financial Protection Bureau (CFPB) issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations. The advisory opinion clarifies that a covered debt collector who brings or threatens to bring a state court foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act and its implementing regulation. A time-barred debt is one whose statute of limitations has expired. The CFPB is issuing today’s advisory opinion in light of a series of actions by debt collectors attempting to foreclose on silent second mortgages, also known as zombie mortgages, that consumers thought were satisfied long ago and that may be unenforceable in court.

    Reference:
    CFPB Issues Guidance to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages | Consumer Financial Protection Bureau (consumerfinance.gov)
    Personnel Affected:debt collectors
    Status:Guidance
    Keywords:mortgages, collections
    Effective Date:
    Institution Types Affected:debt collectors
    Institution Action Items:Review debt collection policies for time-barred debts
    Institutional Products Affected:mortgages
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    U.S. House Financial Services Committee releases draft stablecoin bill for Wednesday hearing

    Issue Date:April 15, 2023
    Agency:US House of Representatives
    Highlights:

    The U.S. House Financial Services Committee is set to hold a hearing on April 19 to discuss a draft bill released over the weekend on regulating stablecoins, a class of digital currency designed to offer price stability by being pegged to another asset’s value.

    Reference:
    U.S. House Financial Services Committee releases draft stablecoin bill for Wednesday hearing (yahoo.com)
    Personnel Affected:Compliance officer
    Status:Announced
    Keywords:cryptocurrency, cryptocoin, crypto, stablecoin
    Effective Date:04/19/2023
    Institution Types Affected:all financial institutions
    Institution Action Items:Attend hearing if interested in the key issued the US will need to address to offer
    Institutional Products Affected:stablecoins
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    CFPB Announces Revised Methodology for Determining Average Prime Offer Rates

    Issue Date:April 14, 2023
    Agency:CFPB
    Highlights:

    Today, the Consumer Financial Protection Bureau (CFPB) announced a revised version of its “Methodology for Determining Average Prime Offer Rates.” The revised methodology describes the calculations used to determine average prime offer rates (APOR) for purposes of federal mortgage rules. APORs are annual percentage rates derived from average interest rates, points, and other loan pricing terms currently offered to consumers by a representative sample of creditors for mortgage loans that have low-risk pricing characteristics.

    Reference:
    cfpb-announces-revised-methodology-for-determining-average-prime-offer-rates | Consumer Financial Protection Bureau (consumerfinance.gov)
    Personnel Affected:Mortgage lending officers
    Status:Effective
    Keywords:HPML, APOR
    Effective Date:04/21/2023
    Institution Types Affected:Mortgage lenders
    Institution Action Items:Review HPML policies and procedures to determine what effect the new APOR methodology will have on underwriting
    Institutional Products Affected:HPMLs
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    SEC Reopens Comment Period for Proposed Amendments to Exchange Act Rule 3b-16 and Provides Supplemental Information

    Issue Date:April 13, 2023
    Agency:SEC
    Highlights:

    The reopening release reiterated the applicability of existing rules to platforms that trade crypto asset securities, including so-called “DeFi” systems, and provides supplemental information and economic analysis for systems that would be included in the new, proposed exchange definition. The reopening release also requested information and public comment on crypto asset securities trading on such systems and certain aspects of the proposed amendments applicable to all securities.

    Reference:

    https://www.sec.gov/news/press-release/2023-77

    Personnel Affected:Crypto-Exchangers executives and personnel, and BSA Officers
    Status:Comments Due
    Keywords:cryptocurrency, cryptocoin, crypto, stablecoin
    Effective Date:06/14/2023
    Institution Types Affected:all financial institutions
    Institutional Products Affected:Account relationships for crypto-exchangers
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    FinCEN Analysis of Business Email Compromise in the Real Estate Sector Reveals Threat Patterns and Trends

    Issue Date:March 30, 2023
    Agency:FinCEN
    Highlights:

    Today’s report emphasizes the critical role of timely reporting of cyber-enabled crime to enable FinCEN and law enforcement to interdict, freeze, and recover funds stolen through cyber-enabled fraud, such as BEC, through FinCEN’s Rapid Response Program (RRP). FinCEN urges victims of cyber-enabled crimes, or victims’ financial institutions, to file a complaint with law enforcement to initiate the RRP process. Since the inception of the RRP in 2014, the program has aided in the identification and freezing of more than $1.3 billion for U.S. victims of fraud. FinCEN administers the RRP in close partnership with the Federal Bureau of Investigation, the U.S. Secret Service, Homeland Security Investigations, and the U.S. Postal Inspection Service and counterpart foreign Financial Intelligence Units.

    Reference:
    FinCEN Analysis of Business Email Compromise in the Real Estate Sector Reveals Threat Patterns and Trends | FinCEN.gov
    Personnel Affected:mortgage lenders
    Status:Report
    Keywords:fraud
    Effective Date:
    Institution Types Affected:mortgage lenders
    Institution Action Items:Review cybersecurity and social engineering training
    Institutional Products Affected:Mortgage loans
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    CFPB Finalizes Rule to Create a New Data Set on Small Business Lending in America

    Issue Date:March 30, 2023
    Agency:CFPB
    Highlights:

    The Consumer Financial Protection Bureau (CFPB) has finalized a rule required by Congress to increase transparency in small business lending, promote economic development, and combat unlawful discrimination. Lenders will collect and report information about the small business credit applications they receive, including geographic and demographic data, lending decisions, and the price of credit. The rule will work in concert with the Community Reinvestment Act, which requires certain financial institutions to meet the needs of the communities they serve. The increased transparency will benefit small businesses, family farms, financial institutions, and the broader economy.

    Reference:
    CFPB Finalizes Rule to Create a New Data Set on Small Business Lending in America | Consumer Financial Protection Bureau (consumerfinance.gov)
    Personnel Affected:small business lenders
    Status:Final Rule
    Keywords:CRA, PPP, SBA
    Effective Date:10/01/2024
    Institution Types Affected:Commercial Lenders
    Institution Action Items:Develop policies and procedures to comply with the new rule, train relevant employees
    Institutional Products Affected:Small business loans