Skip to main content
Menu Icon
Close

InfoBytes Blog

Financial Services Law Insights and Observations

Filter

Subscribe to our InfoBytes Blog weekly newsletter and other publications for news affecting the financial services industry.

  • State of the Union Address: President Biden addresses the banking industry

    Federal Issues

    On March 7, President Biden delivered his 2024 State of the Union Address, where he highlighted how his administration is actively working to reduce costs for consumers by addressing issues such as corporate price gouging and alleged “junk fees.” According to a related White House Fact Sheet, the Biden Administration was focusing on corporate practices that may contribute to high prices, urging companies to lower their prices in line with decreasing input costs and stabilize supply chains.  Biden highlighted the CFPB’s proposed rule on overdraft fees and the final rule on credit card late fees as progress in reducing alleged “junk fees.”

    Furthermore, the fact sheet highlighted the CFPB’s scrutiny of alleged practices by branded retailers and airline credit cards of devaluing points and miles and luring in consumers with misleading deferred interest products.

    Federal Issues Junk Fees CFPB Biden White House Credit Cards Consumer Finance

  • White House provides three-month update on its AI executive order

    Federal Issues

    On January 29, President Biden released a statement detailing how federal agencies have fared in complying with Executive Order 14110 regarding artificial intelligence (AI) development and safety. As previously covered by InfoBytes, President Biden’s Executive Order from October 30, 2023, outlined how the federal government can promote AI safely and in a secure way to protect U.S. citizens’ rights.

    The statement notes that federal agencies have (i) used the Defense Production Act to have AI developers report vital information to the Department of Commerce; (ii) proposed a draft rule for U.S. cloud companies to provide computing power for foreign AI training, and (iii) completed risk assessments for “vital” aspects of society. The statement further outlines how the NSF (iv) managed a pilot program to ensure that AI resources are equitably accessible to the research and education communities; (v) began the EducateAI initiative to create AI educational opportunities in K-12 through undergraduate institutions; (vi) promoted the funding of a new Regional Innovation Engines to assist in creating breakthrough clinical therapies; (vii) the OPM launched the Tech Talent Task Force to accelerate hiring data scientists in the government, and (viii) the DHHS established an AI Task Force to provide “regulatory clarity” in health care. Lastly, the statement provides additional information on various agency activities that have been completed in response to the Executive Order. More on this can be found at ai.gov.

    Federal Issues Biden White House Artificial Intelligence Executive Order

  • Biden Administration, DOE withhold payments to student loan servicers

    Federal Issues

    On January 5, the Biden Administration and the U.S. Department of Education (DOE) announced they are withholding payments to three student loan servicers as part of their efforts to strengthen protections for student loan borrowers and ensure accountability among servicers. The three servicers were found to have collectively failed in sending timely billing statements to a total of 758,000 borrowers during their first month of repayment. Consequently, the DOE is withholding $2 million from one servicer, $161,000 from the second, and $13,000 from the third servicer based on the number of affected borrowers.

    U.S. Secretary of Education Miguel Cardona emphasized that the DOE “will continue to engage in aggressive oversight of student loan servicers and put the interests of borrowers first.” During this period, borrowers will not be required to make payments, and any accrued interest will be adjusted to zero. Additionally, the months spent in administrative forbearance will count toward forgiveness programs like Public Service Loan Forgiveness or income-driven repayment forgiveness. The DOE aims to ensure that borrowers are not negatively affected by these errors.

    Furthermore, to protect borrowers from penalties due to late or missed payments during the repayment transition, the DOE recently sent a letter to credit reporting agencies and credit scoring companies to remind them that borrowers’ current payment behavior may not accurately reflect their ability or willingness to make payments.

    Federal Issues Department of Education Biden Student Loan Servicer Student Lending

  • SBA issues new SBLC licenses for the first time in 40 years

    Federal Issues

    On November 1, the SBA announced that three new Small Business Lending Company (SBLC) licenses have been issued to lenders focused on underserved markets, which is notably the first expansion of the SBLC program in more than 40 years. An SBLC license permits lending institutions to leverage government guarantees during the process of approving small business loans, decreasing risk for the lender, and lowering costs for the borrower. Consequently, SBA noted, SBLCs can extend a greater number of loans to small businesses than would be feasible without government support. The announcement stated that SBA's current SBLCs surpass banks and credit unions in their ability to provide loans to minority-owned businesses.

    In June, the SBA opened a window for new applications for lenders. In announcing the new licensees, SBA Administrator Isabel Guzman stated that “[w]ith the addition of three new Small Business License Companies, the SBA will be able to serve even more small business owners who need capital to start, operate, and grow their businesses.” The SBA highlighted that “[e]ach of the three new SBLC license holders will focus on historically underserved markets, including small businesses in Native, rural, and low-income communities.”

    Federal Issues SBA Nonbank Consumer Finance Peer-to-Peer Loans Small Business Lending Biden Licensing

  • President Biden issues Executive Order targeting AI safety

    Federal Issues

    On October 30, President Biden issued an Executive Order (EO) outlining how the federal government can promote artifical intelligence (AI) safety and security to protect US citizens’ rights by: (i) directing AI developers to share critical information and test results with the U.S. government; (ii) developing standards for safe and secure AI systems; (iii) protecting citizens from AI-enabled fraud; (iv) establishing a cybersecurity program; and (v) creating a National Security Memorandum developed by the National Security Council to address AI security.

    President Biden also called on Congress to act by passing “bipartisan data privacy legislation” that (i) prioritizes federal support for privacy preservation; (ii) strengthens privacy technologies; (iii) evaluates agencies’ information collection processes for AI risks; and (iv) develops guidelines for federal agencies to evaluate privacy-preserving techniques. The EO additionally encourages agencies to use existing authorities to protect consumers and promote equity. As previously covered by InfoBytes, the FCC recently proposed to use AI to block unwanted robocalls and texts). The order further outlines how the U.S. can continue acting as a leader in AI innovation by catalyzing AI research, promoting a fair and competitive AI ecosystem, and expanding the highly skilled workforce by streamlining visa review.

    Federal Issues Privacy, Cyber Risk & Data Security White House Artificial Intelligence Biden Executive Order Consumer Protection

  • HUD expands access to mortgages with ADUs

    Federal Issues

    On October 16, HUD introduced a new policy that aims to make it easier for borrowers to finance Accessory Dwelling Units (ADUs) in their primary residences. ADUs are small living units built inside, attached to, or on the same property as, the main home. This policy change allows lenders to consider ADU rental income when assessing a borrower's eligibility for an FHA mortgage.

    The new policies provide:

    • Income Flexibility: Borrowers with limited incomes can use 75% of their estimated ADU rental income to qualify for an FHA-insured mortgage for properties with existing ADUs.
    • New ADUs: For new ADUs that borrowers plan to attach to an existing structure, such as a garage or basement conversion, 50% of the estimated rental income can be used for qualification under FHA's Standard 203(k) Rehabilitation Mortgage Insurance Program.
    • Appraisal Requirements: The policy includes ADU-specific appraisal guidelines to accurately assess the market value of properties with ADUs, making it easier for appraisers to report on ADU characteristics and expected rental generation.
    • New Construction: The policy also allows FHA mortgages to finance new homes built with ADUs, expanding ADU production beyond the rehabilitation of existing structures.

    The White House concurrently released a statement on the policy, noting that it is allowing rental income from ADUs to qualify for FHA-insured mortgages. HUD added that FHA-approved lenders can start offering borrowers mortgages on properties with ADUs under the new policies effective immediately.

     

    Federal Issues HUD Mortgages Consumer Finance Biden

  • Biden signs H.R. 5860 into law, prevents shutdown

    Federal Issues

    On October 1, President Joe Biden signed H.R. 5860, a government spending bill to avert a government shutdown. The President’s remarks note that although a budget agreement was reached months ago, House Republicans made a last-minute push for spending cuts, derailing the original agreement. Among other things, the bill extends (i) government funding through November 17; and (ii) the National Flood Insurance Program through November 17.

    Federal Issues Federal Legislation Biden Flood Insurance Congress

  • Biden announces nomination for FDIC Inspector General

    Federal Issues

    On September 15, President Joe Biden announced his intention to nominate Jennifer L. Fain as Inspector General of the FDIC. Fain brings over 22 years of experience in the inspector general community, most recently serving as Deputy Inspector General for the Export-Import Bank of the United States (EXIM). She has extensive oversight experience in financial services and consumer protection and has held leadership positions in various audit, inspection, and evaluation offices within federal agencies. Fain holds an M.S. in Finance from Johns Hopkins University and a B.S.B.A. in Accounting from the University of Colorado.

    Federal Issues Bank Regulatory FDIC Biden

  • White House launches SAVE Plan

    Federal Issues

    On August 22, the White House announced the SAVE Plan, an income-driven repayment plan, intended to calculate payments based on a borrower’s income and family size rather than the loan balance and provide forgiveness for balances after a certain number of years since repayment. It is estimated that over 20 million borrowers could benefit from this plan and that it will have particular critical benefits for low- and middle-income borrowers, community college students, and borrowers who work in public service. In order to encourage participation by borrowers, the Department of Education is partnering with grassroots organizations on an outreach campaign. This plan builds on broader actions taken by the current administration to deliver relief to borrowers and make college more affordable.

    Federal Issues Biden Student Loans SAVE Plan Consumer Finance

  • District Court dismisses suit challenging Biden’s student debt relief plan

    Courts

    On August 14, the U.S. District Court for the Eastern District of Michigan dismissed without prejudice a lawsuit filed against the federal government aimed at blocking the Biden administration’s effort to provide debt relief to student borrowers (covered by InfoBytes here). U.S. District Judge Thomas L. Ludington held that the plaintiffs lacked standing because they failed to plausibly demonstrate how the government’s plans would impact their efforts to recruit participants as qualified employers under the Public Service Loan Forgiveness program. The court detailed that “[Plaintiffs] merely make vague and conclusory statements that some ‘undisclosed’ number of borrowers will receive credit toward loan forgiveness for some periods of forbearance” but “do not allege that any current employee received Adjustment credit.” Furthermore, any such “hypothetical injur[y]” would be traceable to “Plaintiffs’ own employees or prospective employees, not the Adjustment.” Because there was no standing, the court dismissed the complaint without prejudice and denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction as moot.

    Courts Federal Issues Biden Student Lending Michigan Department of Education Income-Driven Repayment PSLF

Pages

Upcoming Events