On 2/2/2022, the OCC issued a bulletin that addresses the OCC’s processes for considering input from state banking commissioners regarding national banks’ performance under state community reinvestment laws, including implementation of community reinvestment-related provisions of the Riegle–Neal Act. The bulletin also addresses expectations regarding the handling of consumer complaints that state officials refer to national banks and federal savings associations, and state referrals of complaints to the OCC.
The bulletin outlines the OCC’s policy and procedures for considering state input on CRA performance of OCC-supervised banks. Key processes include:
State banking commissioners have access to the quarterly schedule of upcoming CRA evaluations for national banks, available on the OCC’s public website.
State banking commissioners who wish to provide input regarding a national bank’s record of performance under applicable state community reinvestment laws should refer that information to the OCC’s Compliance Risk Policy Division at CRAComments@occ.treas.gov.
The Compliance Risk Policy Division gathers the input from state banking commissioners and distributes the input to the appropriate OCC supervisory office.
Examiners consider this input and other performance-related information, including information gathered from community contacts, when evaluating national banks’ CRA performance.
The bulletin also provides general guidance for banks on handling consumer complaints that state officials refer to banks and addresses state referrals of complaints to the OCC.
For state referrals of complaints to banks, regardless of topic:
When banks receive consumer complaints from state or local officials, banks in most cases should address the complaints directly with consumers.
There is no requirement for banks to notify the OCC about routine consumer complaints referred by state or local officials. Banks could, however, notify the OCC in the following instances:
When state officials’ contact with the banks about consumer complaints appears to constitute an exercise of visitorial authority over the banks.7
When state-referred complaints pertain to applicability of a state law or issues of preemption.
In some instances, state officials who refer routine consumer complaints directly to banks also ask the banks to explain how the banks resolved the complaints. The OCC encourages banks to explain to state officials how complaints were resolved but without compromising consumers’ privacy interests or other confidential information.
For state referrals of certain complaints to the OCC, the OCC encourages state officials to bring to the agency’s attention complaints alleging that banks are engaging in acts or practices that are illegal, predatory, unfair, or deceptive or are violating federal fair lending laws.
If a complaint involves an individual customer grievance, state officials are requested to refer these types of complaints to the OCC’s Customer Assistance Group.8
For complaints that raise broader issues, the OCC encourages state officials to refer this information to the OCC’s Chief Counsel’s Office. Broader issues include
applicability of a particular state law to banks or issues of preemption.
information suggesting that a bank may be engaging in an act or practice that is predatory, unfair, or deceptive or may be engaging in activities affecting multiple consumers that violate federal fair lending laws.
The bulletin also provides updated mailing addresses for the OCC’s Customer Assistance Group and the OCC’s Chief Counsel’s Office.
Read the full bulletin here.
