Compliance

Community Development Financial Institutions (CDFIs)

I recently attended an NCUA webinar regarding the revised CDFI Certification Application and thought it may be helpful to provide a brief overview. Before we begin, let’s discuss what a CDFI actually is. CDFI stands for Community Development Financial Institutions and, according to this NCUA resource regarding the NCUA-CDFI Certification Initiative, “[t]he U. S. Treasury …

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Could Your Marketing Materials Be Considered “Deceptive??”

Every marketing department knows the power of a good advertisement, but making exaggerated claims in marketing materials for financial products or services designed to make the product or service appear more attractive or valuable than it actually is can lead to a UDAAP violation.  Deceptive advertising is one of the most common violations of UDAAP. …

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CFPB Revises Its Supervisory Appeals Process for Financial Institutions

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued a procedural rule updating the process by which financial institutions can appeal supervisory findings. The updated rule broadens the CFPB officials eligible to evaluate appeals, the options for resolving an appeal, the matters subject to appeal, and makes additional clarifying changes.  The CFPB’s first …

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FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

On February 12, 2024, the Federal Financial Institutions Examination Council (FFIEC) issued a statement of principles related to residential property appraisal and valuation practices for member entities to consider in their consumer compliance and safety and soundness examinations. The principles are intended to aid member entities in assessing whether supervised institutions’ compliance management systems and …

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NCUA Call Report Update: Focus on Overdraft & NSF Fees; Penalties Resume

If you’ve been following regulatory compliance developments over the past 18 months or so, then you’ve likely noticed that the regulatory agencies have increased their scrutiny of certain fees charged by credit unions. While numerous fees have been targeted, the agencies have focused the most attention on overdraft and non-sufficient funds (NSF) fees. For the …

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Fair Lending

Fair lending is on NCUA’s list of supervisory priorities again for 2024. Similar to other years, it falls under the umbrella of consumer financial protection. Areas of focus under this umbrella are based on things such as recent regulatory changes, trends in exam findings and violations, input from NCUA examiners and field staff, consumer complaints, …

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TCPA One-to-One Consent Rule, Effective January 2025

This past December, the Federal Communications Commission (FCC) adopted rules intended to close the so-called “lead generator loophole” in the Telephone Consumer Protection Act (TCPA). According to the FCC, “lead-generated communications are a large percentage of unwanted calls and texts” received by consumers. To close this “loophole,” the FCC amended the definition of “prior express …

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