Compliance

The Basics: Open and Closed End Credit Advertising Requirements

Advertisements are everywhere these days. Everywhere you look, especially online, TV, or driving down the road, we see advertisements. For credit unions it is crucial to ensure that your advertisements or marketing materials are compliant with the regulatory requirements issued by regulators. This blog is a refresher on those general requirements for both open-end and …

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COPPA, and Not “The Copa”

The Children’s Online Privacy Protection Act (COPPA) is the topic of the day, and not the Italian word for “cup” or the famous nightclub in NYC that was the topic of the late seventies’ song by Barry Manilow. Now that summer is in full swing, I was listening to Yacht Rock radio (as I always …

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FCU Account or Signature Card

Unlike the last five years’ worth of my birthday cards, account cards give members access to money. Also, unlike my birthday cards, it really matters what words are written on member account cards. Unlike my family… hopefully, his family was kind enough to reward him just for being born. From time to time, credit unions …

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What’s an “Investment Advice Fiduciary”?

This past April, the U.S. Department of Labor (DOL) published a final rule re-defining when a person is an “investment advice fiduciary” for purposes of the Employee Retirement Income Security Act (ERISA). ERISA governs workplace employee benefit plans, such as pension plans and 401(k) plans, along with other types of retirement savings plans, such as …

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Same Currency Transaction Report (CTR)?

We frequently receive compliance questions regarding various issues related to currency transaction reports (CTRs). However, this blog is going to address one of the scenarios I’ve been presented with recently. The question I received was regarding whether a withdrawal and a deposit can be included on the same CTR. So, what does the applicable guidance …

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CFPB Enforcement Action Highlights Consequences of HMDA Errors

On June 18, 2024, the Consumer Financial Protection Bureau (CFPB) filed a stipulated final judgment against Freedom Mortgage Corporation (Freedom) for alleged violations of the Home Mortgage Disclosure Act (HMDA), Regulation C, and the Consumer Financial Protection Act. Financial institutions, including credit unions, are required to comply with HMDA and Regulation C if they meet …

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NCUA and Other Agencies Issue Final Rule on QC Standards for AVMs

The National Credit Union Administration (NCUA), Office of the Comptroller of the Currency, Treasury (OCC), Board of Governors of the Federal Reserve System (Fed), Federal Deposit Insurance Corporation (FDIC), Consumer Financial Protection Bureau (CFPB), and Federal Housing Finance Agency (FHFA) (collectively, the agencies) have adopted a final rule to implement the quality control standards mandated …

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