• 09.02.20

    Emerging Trends in the Delivery of Financial Services May Lead to Changes in Antitrust Analysis

    On September 1, 2020, the Department of Justice’s Antitrust Division (the Division) announced that it is seeking public comment on whether revisions should be made to its 1995 Bank Merger Competitive Review Guidelines (the Banking Guidelines) or its competitive analysis of bank mergers more ...

  • 09.01.20

    CFPB News: Bureau Places Itself Under the Microscope

    In a potentially critical new development, the Consumer Financial Protection Bureau (CFPB or Bureau) will now impose what it characterizes as independent “peer review” on certain of its more important internal research.

  • 08.27.20

    CFPB Issues RFI on CARD Act Rules

    In carrying out its statutory mandate, the CFPB has released a Request for Information (RFI) relating to the CARD Act, seeking information on two fronts.

  • 08.21.20

    Federal Banking Agencies Issue BSA/AML Enforcement Guidance

    On August 13, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration and the Office of the Comptroller of the Currency (collectively, the Agencies) issued a joint statement to clarify Bank Secrecy Act/anti-money ...

  • 08.13.20

    Third-Party Vendor Management Remains a Critical Issue for Banks

    More than ever before, banks are relying on third-party vendors for important services such as marketing, underwriting assistance, technology, collections, settlement services and even outsourcing of product lines.

  • 08.10.20

    FFIEC Guidance Continues to Encourage Prudent Credit Accommodations

    On August 3, 2020, the Federal Financial Institutions Examination Council (FFIEC) issued a new joint statement of principles for banks to consider while working with their loan customers as the end of COVID-19 initial loan accommodation periods wind down.

  • 08.05.20

    FTC Commissioner Targets Merchant Cash Advance Industry

    On August 3, 2020, the Federal Trade Commission (FTC) filed a complaint against a merchant cash advance (MCA) provider and two of its officers, alleging misconduct ranging from grossly misrepresenting the terms of the financing to routinely continuing ACH collections after the financing obligation ...

  • 08.04.20

    CFPB’s Request for Information Sends Fair Lending Signals

    On July 28, the Consumer Financial Protection Bureau (CFPB) issued a Request for Information (RFI) seeking industry input on the future of the Equal Credit Opportunity Act (ECOA) and Regulation B.

  • 07.31.20

    State Attorneys General Challenge OCC’s ‘Madden Fix’ Rule

    As expected, the attorneys general of three large states have sued to block the “Madden fix” rule recently adopted by the Office of the Comptroller of the Currency (OCC).

  • 07.30.20

    Cryptocurrency Custody Activities Confirmed for National Banks—But With Caution

    Following ongoing efforts to promote the expansiveness of the national bank charter, on July 22, 2020, the Office of the Comptroller of the Currency (OCC) issued an interpretive letter confirming the authority of a national bank to provide cryptocurrency custody services for customers.



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