All in Regulatory Update

On August 26, 2024, the CFPB launched the beta platform for financial institutions to test data submissions under the small business lending data collection rule  pursuant to section 1071 of the Dodd-Frank Act. The CFPB invites the participation of financial institutions and their technology partners to test the beta platform and share feedback with the CFPB on their experience.

On August 26, 2024, during Overdose Awareness Week, FinCEN reminded financial institutions to monitor for and report suspicious transactional activity related to the illicit fentanyl supply chain and the trafficking of illicit fentanyl and other synthetic opioids. According to FinCEN, its efforts to marshal resources and expertise to combat the trafficking of illicit fentanyl is in participation with the Department of the Treasury’s Counter-Fentanyl Strike Force.

On August 21, 2024, the CFPB took action against Fay Servicing for violations of mortgage servicing laws, as well as for violations of a 2017 agency order that addressed its illegal foreclosure practices. According to the CFPB, Fay Servicing took prohibited foreclosure actions against borrowers requesting mortgage assistance, failed to offer borrowers mortgage assistance options available to them, and overcharged for private mortgage insurance.

On August 16, 2024, the FDIC updated its Questions and Answers related to the final rule governing FDIC Official Signs and Advertising Requirements, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC Name or Logo (part 328). The Q&As, first issued in July 2024, provide clarifying information on the final rule to support stakeholders in the implementation of part 328.

On August 14, 2024, the Federal Trade Commission (FTC) finalized a rule that will combat fake reviews and testimonials by prohibiting their sale or purchase and allow the agency to seek civil penalties against knowing violators. FTC Chair Lina M. Khan said in a statement that the final rule will protect Americans from getting cheated and promote markets that are fair, honest, and competitive.

On August 13, 2024, FinCEN published in the Federal Register a request for comments on the proposed renewal, without change, of existing information collection requirements found in Bank Secrecy Act regulations that require certain financial institutions to make and retain records associated with certain types of transactions, including but not limited to funds transfers, transmittals of funds, and prepaid access transactions. 

On August 7, 2024, the CFPB issued an issue spotlight finding that some residential solar lenders are misleading homeowners about the terms and costs of their loans, misrepresenting the energy savings they will deliver, and cramming markup fees into borrowers’ loan balances. The report describes how fees often increase loan costs by 30% or more above the cash price, and that lenders often misrepresent the impact of the federal tax credit for solar installations.