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Financial Services Law Insights and Observations

New York reaches settlement with bank over check-cashing program

State Issues State Attorney General Cash Checking Settlement Consumer Finance

State Issues

On March 1, the New York attorney general entered into an agreement with an Ohio-based bank resolving an investigation into the bank’s alleged deceptive advertising practices. According to the AG, the bank introduced a check-cashing program advertised to consumers in the state as a method to cash government and payroll checks at a low cost. The program, which was intended to assist the underbanked and unbanked in low- and middle-income (LMI) communities, allowed consumers who did not have deposit accounts with the bank to participate in the program. The AG alleged, however, that the program was not being implemented as promoted and was not available in branches where it was advertised, nor was it allegedly available to testers who tried to use the program. While neither admitting nor denying the allegations, the bank has agreed to provide $5 million to be used as down payment and home-closing cost assistance for LMI New Yorkers, and it will apply to become a participating lender with the State of New York Mortgage Agency. The bank has also agreed to originate $145 million in mortgage loans to LMI homebuyers in the state over the next five years and will waive certain fees associated with the loans.