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Financial Services Law Insights and Observations

CFPB, FDIC, and OCC Order Large Financial Institution and Subsidiaries to Pay Nearly $40 Million for Deposit Discrepancies

FDIC CFPB OCC Enforcement

Consumer Finance

On August 12, in coordinated enforcement actions, the CFPB, FDIC, and OCC ordered a large financial institution and two of its banking subsidiaries to pay nearly $40 million in fines and restitution for failing to credit consumers the full amounts of their deposited funds. The regulators allege that, from 2008 through 2013, the bank entities (i) failed to credit consumers the full amount of their deposits when the amount scanned on the deposit slip was less than the amount of the checks and cash deposited; and (ii) falsely claimed that they would verify the deposits. The CFPB consent order requires the bank entities to pay approximately $11 million in restitution and a $7.5 million civil money penalty. The FDIC order requires one of the banking subsidiaries to pay nearly $5.8 million in restitution and a $3 million civil money penalty, while the OCC consent order assessed a $10 million civil money penalty on the other banking subsidiary.