#ECOA

4 04, 2022

DAILY040422

2023-03-27T12:49:01-04:00April 4th, 2022|2- Daily Briefing|

FDIC Climate-Risk Principles Set for Public Comment

Today’s Federal Register includes the final text of the FDIC’s request for public comment on climate-risk management principles.

FRB-NY Reasserts that Disasters Don’t Damage Bank Resilience

The Federal Reserve Bank of New York today released a blog post on its earlier staff paper finding that weather events triggering federal disaster declaration did not pose significant risk to bank resiliency, even for the most damaging of disasters.

GOP Demands Disclosure, Not Rules, Govern Stablecoins

Republicans last week outlined their preferred, disclosure-based approach to stablecoin regulation, a sharp contrast to the PWG’s recommendations (see Client Report CRYPTO21) calling for new chartering restrictions.

HFSC Presses Financial Industry for Reparations

The HFSC memo today on tomorrow’s hearing about the need for reparations from the financial-services industry indicates that the Oversight Subcommittee will focus on the extent to which banks provided financing for slavery, allowed for enslaved persons to be used as collateral, and how insurers covered enslaved people’s work or sales value.

Nonbank Small-Business Lenders Face Possible CFPB Sanction

House Small Business Chair Velasquez (D-NY) has introduced H.R. 7351 to force nonbank small-business lenders into the CFPB’s efforts to identify patterns of racial, ethnic, or gender bias via ECOA disclosures.

CFPB Demands Lenders Give Consumers Data in Servicing, Other Disputes

Building on its mortgage servicing initiatives, the CFPB today not only filed an amicus brief in a case against Wells Fargo, but also reiterated that banks must participate in “relationship banking” and respond promptly …

22 03, 2022

CONSUMER39

2023-04-03T13:12:56-04:00March 22nd, 2022|1- Financial Services Management|

Anti-Discrimination Enforcement

Reflecting one of its new director’s top priorities as well as that of the Biden Administration, the Bureau of Consumer Financial Protection has significantly revised its examination manual when it comes to behavior that might be viewed as discriminatory in a wide range of consumer-financial products, services, underwriting, advertising, marketing, governance, and other arenas. Because the new approach is both sweeping and imprecise, different examiners and/or different CFPB offices may reach different interpretations of data and company attributes as indications of discrimination. The Bureau has thus put the entire sector on notice that anything that might have even the appearance of overt discrimination, discriminatory treatment, or disparate impact could result in CFPB sanction.

CONSUMER39.pdf

16 03, 2022

DAILY031622

2023-04-03T14:41:40-04:00March 16th, 2022|2- Daily Briefing|

U.S. Merger Construct Clarity Delayed

The DOJ and FTC have extended the deadline for comment on the current U.S. antitrust construct.

Bureau Casts Wide, Sharp Net for Consumer-Finance Discrimination

Renewing his pledge to stamp out financial discrimination, CFPB Director Chopra today announced a new enforcement policy based on a revised examination manual.

Warren Demands Still More Antitrust Reform

Building on her campaigns against bank mergers (see FSM Report MERGER8) and more recent, broader competition concerns, Sen. Warren (D-MA) and Rep. Jones (D-NY) have introduced legislation barring large mergers in any sector and allowing the Department of Justice or FTC to break up companies without necessary resort to court order.

OCC Opens Window to AML Regtech

The OCC has finalized a rule based on its proposal allowing exemptions to SAR filing requirements for national banks and federal thrifts whose AML-compliance programs satisfy a set of criteria designed to spur regtech without undermining compliance.  The final rule clarifies a critical question by making it clear that the OCC can only grant an exemption if FinCEN concurs.

Fed-Nominee Voting Advances

Due to the Fed’s monetary-policy shift, today’s press conference after the FOMC meeting provided few insights into regulatory policy.  Chairman Powell reiterated that he would like a full Board complement but the System is functioning fine without one.

Daily031622.pdf

22 02, 2022

Daily022222

2023-04-04T15:32:15-04:00February 22nd, 2022|2- Daily Briefing|

CFPB Reiterates Need for Small-Business ECOA Reporting

The CFPB has reiterated its plans to quickly enact new rules requiring small-business lender reporting (see FSM Report FAIRLEND7), asserting that demographic and pricing data are necessary to ensure fair credit to otherwise under-served small businesses.  T

G20 Ministerial Frets re Central Banks, CBDC, Climate, NBFIs

Perhaps the most interesting aspect of the G20 finance ministerial communiqué is the new assertion that crafting effective exit strategies is not only critical to sustained and stable macroeconomic growth, but also to central-bank “credibility.”  We have been tracking growing concerns about central-bank credibility, and its relation to central-bank independence in connection with work related to Karen Petrou’s book.

FSB Looks for New Distressed-Debt Options Ahead of Lots More Debt

The FSB has issued a new discussion paper seeking ways to exit widespread forbearance and central-bank programs during the pandemic that have increased the likelihood that highly-indebted corporate borrowers will experience severe distress as interest rates rise.  Although these concerns are particularly acute in the EU, where “zombie” borrowers have been a major market presence since 2008, they are also a growing concern in the U.S. and elsewhere due to the sharp run-up in highly leveraged corporate finance along with the sharp growth in private-capital structures.

Agencies Give All-Clear for Special Credit

The banking agencies, CFPB, FHFA, NCUA, and the Departments of Justice and HUD today issued a statement on special-purpose credit programs.

Daily022222.pdf

9 12, 2021

FedFin: Super-Special

2023-05-23T12:54:23-04:00December 9th, 2021|The Vault|

On Tuesday, HUD and the CFPB opened the door to special-purpose mortgage finance.  Now, we expect FHFA to use this safe harbor to mandate express GSE equitable-finance programs and for banks to take much of what’s left in all their commitments after George Floyd’s murder and turn it into mortgage and other community-finance products.

The full report is available to subscription clients. To find out how you can sign up for the service, click here.…

9 12, 2021

FedFin: Super-Special

2023-05-23T12:54:16-04:00December 9th, 2021|The Vault|

On Tuesday, HUD and the CFPB opened the door to special-purpose mortgage finance.  Now, we expect FHFA to use this safe harbor to mandate express GSE equitable-finance programs and for banks to take much of what’s left in all their commitments after George Floyd’s murder and turn it into mortgage and other community-finance products.

The full report is available to subscription clients. To find out how you can sign up for the service, click here.…

8 09, 2021

FedFin on: Small-Business Lending Disclosures

2023-08-21T13:45:34-04:00September 8th, 2021|The Vault|

Turning again to a provision in the 2010 Dodd-Frank Act, the Bureau of Consumer Financial Protection has issued a sweeping proposal to implement small-business and small-farm lending disclosure requirements akin to those long required under the Home Mortgage Disclosure Act (HMDA).  Although the law focuses on lender reports to discern different loan-approval rates based on gender or ethnic/racial groups, the notice of proposed rulemaking (NPR) goes farther also to require extensive detail on loan amounts and pricing on approved loans a borrower chooses not to accept.  Data would be required from all but the very smallest bank and nonbank lenders.

The full report is available to retainer clients. To find out how you can sign up for the service, click here.…

8 09, 2021

SBA40

2023-08-21T13:45:46-04:00September 8th, 2021|1- Financial Services Management|

Small-Business Lending Disclosures

Turning again to a provision in the 2010 Dodd-Frank Act, the Bureau of Consumer Financial Protection has issued a sweeping proposal to implement small-business and small-farm lending disclosure requirements akin to those long required under the Home Mortgage Disclosure Act (HMDA).  Although the law focuses on lender reports to discern different loan-approval rates based on gender or ethnic/racial groups, the notice of proposed rulemaking (NPR) goes farther also to require extensive detail on loan amounts and pricing on approved loans a borrower chooses not to accept.  Data would be required from all but the very smallest bank and nonbank lenders.

SBA40.pdf

8 09, 2021

SMBUS27

2023-08-21T13:53:42-04:00September 8th, 2021|1- Financial Services Management|

Small-Business Lending Disclosures
Turning again to a provision in the 2010 Dodd-Frank Act, the Bureau of Consumer Financial Protection has issued a sweeping proposal to implement small-business and small-farm lending disclosure requirements akin to those long required under the Home Mortgage Disclosure Act (HMDA). Although the law focuses on lender reports to discern different loan-approval rates based on gender or ethnic/racial groups, the notice of proposed rulemaking (NPR) goes farther also to require extensive detail on loan amounts and pricing on approved loans a borrower chooses not to accept. Data would be required from all but the very smallest bank and nonbank lenders.

SMBUS27.pdf

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