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FDIC posts Covid-19 FAQs for bankers and bank customers
On March 19, the FDIC issued FIL-18-2020, which highlights frequently asked questions for bank customers and banks affected by Covid-19. The FAQs, are available on the FDIC’s Covid-19 webpage. Bank customer FAQs cover questions regarding (i) deposit insurance; (ii) customer access to money; (iii) tips for avoiding scams; and (iv) identity theft, among other things. The FAQs for financial institutions cover topics including working with borrowers affected by Covid-19 through payment accommodations, reporting delinquent loans, and operational issues affecting institutions.
Arizona governor postpones eviction actions
On March 24, the governor of Arizona issued an executive order instructing law enforcement officers to delay for 120 days any enforcement of eviction orders for residential premises occupied by certain individuals impacted by Covid-19. The order applies when the individual is required to be quarantined due to her own or someone in her home’s Covid-19 diagnosis, ordered by a medical professional to self-quarantine, and demonstrates that they are at high risk for Covid-19 due to a health condition, or has suffered a substantial loss of income due to Covid-19.
CFPB announces consumer financial resources for Covid-19 pandemic
On March 24, the CFPB announced the resources available on the Bureau’s website to assist consumers in protecting their personal finances during the Covid-19 pandemic. According to Director Kathy Kraninger, the Bureau “want[s] consumers to know the various steps they can take to help themselves or a loved one, both in the short and long term. Our resources address situations ranging from consumers having difficulty paying their bills or meeting other financial obligations to consumers experiencing a loss of income to avoiding scams.” Resources also include links detailing how consumers who experience problems with financial products or services can file effective complaints, what steps consumers can take to protect older adults, and how consumers can protect their credit during the pandemic. The Bureau will continue to update the website regularly with additional Covid-19 related content.
Utah amends consumer lending requirements
On March 24, the Utah governor signed HB 319, which modifies provisions related to consumer lending in the state, including registration, reporting, and operational requirements for deferred deposit lenders. Among other things, the provisions require deferred deposit lenders to provide borrowers at least 30 days’ notice of default before initiating a civil action, allowing a borrower the opportunity to remedy the default. HB 319 also requires deferred deposit lenders seeking to renew a registration to report, for the immediately preceding calendar year, the total number of loans extended, the total dollar amount loaned, the number of borrowers who were extended loans, and the percentage of loans that were not repaid based on the terms of the loan, among other items. HB 319 further allows third party debt collection agencies to charge a “convenience fee” when debtors use a credit or debit card for the transaction of business, provided the convenience fee amount is disclosed prior to being charged and the debtor is given an alternative payment method that does not carry a fee. The amendments take effect 60 days following adjournment of the legislature.
Utah modifies credit reporting notification requirements
On March 24, the Utah governor signed HB 412, which modifies requirements for creditors when submitting negative credit reports to credit reporting agencies. Creditors are now required to provide written notification to the affected party “no more than 30 days after the day on which the creditor submits the negative credit report to the credit reporting agency.” Creditors may provide the written notice in-person, via first class mail, or electronically if the party consented to receive notices by email. The amendments take effect 60 days following adjournment of the legislature.
Washington state amends debt buyer provisions
On March 18, the Washington governor signed Substitute HB 2476, which clarifies the definition of a debt buyer and outlines prohibited activities. Among other activities, debt buyers are now (i) prohibited from bringing legal actions without providing evidence that the original debt contains the debtor’s signature, or for claims based on a credit card debt for which a signature does not exist, “a copy of the most recent monthly statement recording a purchase transaction, payment, or other extension of credit” (requirements related to breaches of contracts and electronic transactions are also provided); (ii) prohibited from seeking default judgments without providing evidence of the original debt; and (iii) required to provide certain disclosures when bringing legal action, including “[t]hat the action is being brought by, or for the benefit of, a person or entity engaged in the business of purchasing” debts for collection purposes, the date the claim was purchased, the identity of the debt purchaser, and “[t]hat the action is being commenced within, and is not barred by an applicable statute of limitations.” The amendments take effect 90 days after the adjournment of the session, and are applicable to “delinquent or charged off claims purchased for collection purposes by a debt buyer on or after the effective date of this section.”
Rhode Island regulator encourages banks and credit unions to meet customer needs
On March 23, the Rhode Island Division of Banking issued a bulletin encouraging state-chartered banks and credit unions to take steps to meet the financial services needs of customers and communities impacted by Covid-19. This includes providing alternative service options in light of facility closures, waiving certain fees, increasing ATM cash withdrawal limits, easing restrictions on cashing checks, increasing credit card limits, and offering payment accommodations to borrowers. The Division emphasized that prudent efforts to modify the terms of an existing loan for affected customers will not be subject to regulatory criticism. Finally, the Division noted that it is willing to provide supervisory and regulatory relief to affected financial institutions.
Maine Bureau of Financial Institutions issues statement to financial institutions about new lending programs in response to Covid-19
On March 20, the Maine Department of Professional and Financial Regulation, Bureau of Financial Institutions, issued a statement notifying Maine banks and credit unions that they may participate in two new lending program coordinated by the Finance Authority of Maine (FAME) to provide assistance to borrowers affected by Covid-19. The Covid-19 Relief Consumer Loan Program will be administered by FAME in partnership with Maine financial institutions. FAME also has partnered with the United States Small Business Administration to offer different loan products to Maine-based businesses affected by Covid-19. Lenders are encouraged to evaluate the new programs as a way to assist Maine’s consumers and businesses.
Florida Office of Financial Regulation encourages flexibility
On March 18, the Florida Office of Financial Regulation issued a statement to financial institutions providing that it is open for business and ready to support state-chartered financial institutions. It also encourages financial institutions to work with affected customers and communities, and states that reasonable efforts to make new loans and modify the terms of existing loans of affected customers will not be subject to examiner criticism.
Oregon Division on Financial Regulation issues guidance for lenders and loan servicers
On March 20, the Oregon Division of Financial Regulation issued a bulletin for state-regulated lenders and loan servicers to work with borrowers impacted by Covid-19. The division encouraged lenders and servicers to offer distressed borrowers forbearance plans, waive late and online payment fees, ease credit terms for new loans, and deferred payment options. Most provisions of the bulletin called for a 90-day grace period and placed a moratorium on evictions and foreclosures. The guidance applies to banking institutions, credit unions, mortgage bankers, mortgage brokers, loan originators, and servicers, consumer finance lenders, and payday and title lenders. The issuance follows a declared state of emergency by Governor Brown on March 8.