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CFPB seeks comment on payday loan disclosure testing
On November 12, the CFPB published a notice and request for comment in the Federal Register detailing a plan for payday loan disclosure testing. The Bureau notes that a contractor will conduct one-on-one consumer interviews to evaluate potential options for payday loan disclosures. The interviews will focus on how consumers use the disclosure information to assess the cost, payment, and timing of the loan. The results of the testing, which are estimated to conclude in September 2021, will be used to inform a future potential rulemaking covering payday loan disclosures. Comments on the notice must be submitted by December 14.
Representatives question the OCC’s cryptocurrency and stablecoin efforts
On November 10, six members of the U.S. House of Representatives wrote to Acting Comptroller of the Currency Brian Brooks raising concerns about the OCC’s recent unilateral actions to regulate cryptocurrencies. In the letter, the members question the OCC’s regulatory priorities. For example, the members highlight that, through recent actions, such as its advance notice of proposed rulemaking on digital activities (covered by InfoBytes here), the OCC has sought “to serve those ‘already-banked’ with better payments options” while potentially “overlooking opportunities for assisting the unbanked and underbanked to participate in the economy and the banking system.” Additionally, the members note that the OCC’s interpretive decisions, which authorize financial institutions to hold cryptocurrency and stablecoins for customers (covered by InfoBytes here and here), may have “broad implications for the future of banking” and “are best made in collaboration with your fellow regulators and with Congress to ensure we avoid potential harms to institutional safety and soundness and equity and inclusion.” In closing, the members ask the OCC to answer a number of questions, including (i) whether stablecoin reserves will be segregated from calculating the capital requirements of large banks; (ii) what consumer protections the agency will impose on stablecoin providers; and (iii) whether the OCC has collaborated with other federal regulators on their recent decisions.
FSB to address Covid-19 impact on global financial stability
On November 15, the Financial Stability Board (FSB) published a letter from their Chair, Randal K. Quarles, ahead of the G20’s November summit. In the letter, Quarles explains that, while financial conditions are easing, global economic outlook remains uncertain. He also notes that the challenges posed by Covid-19 have not yet dissipated and that continued efforts are required to support financial resilience and to ensure a sustained flow of financing to the real economy. Finally, he states that, despite the pandemic, the FSB with support from G20 leaders must continue to press forward with priority reforms, such as developing more efficient cross-border payment services, addressing risks from stablecoins, assessing climate-related financial stability risks, strengthening cyber resilience, and facilitating a smooth transition away from LIBOR in order to strengthen the global financial system.
Regulators update Senate on Covid-19
On November 10, the Senate Committee on Banking, Housing, and Urban Affairs held a hearing entitled “Oversight of Financial Regulators,” which primarily focused on Covid-19-related actions taken by the Federal Reserve Board (Fed), OCC, FDIC, and NCUA since the federal financial regulators last testified in May (covered by InfoBytes here). Committee Chairman Mike Crapo (R-ID) opened the hearing by applauding the actions taken by the regulators after the passage of the CARES Act to help mitigate the economic impact of the pandemic. Crapo cautioned, however, that the regulators should continue to review and adjust their regulatory and supervisory frameworks to support economic recovery, including by “alleviat[ing] the regulatory burdens associated with a variety of asset-based regulatory thresholds on [] banks and credit unions temporarily experiencing growth from participation in recovery-orientated programs” such as the Paycheck Protection Program (PPP).
In his written statement, Fed Vice Chair for Supervision Randal K. Quarles discussed actions taken by the Fed, such as (i) issuing a set of key principles concerning Covid-related credit accommodations; (ii) updating guidance on bank examinations to “consider the unique, evolving, and potentially long-term issues that institutions face”; (iii) clarifying the Fed’s approach to Covid-related activity under the Community Reinvestment Act; and (iv) supporting the ability of banks to meet customer needs by issuing PPP loans, underwriting loans in the Main Street Lending Program, and acting as counterparties in several other facilities.
OCC Acting Comptroller Brian Brooks also discussed activities undertaken by the agency, and noted that the regulators are working on an interagency basis “on a set of rule[s] that would relieve for a period of time certain asset thresholds being tripped that trigger heightened scrutiny and heightened compliance requirements at different levels.” According to Brooks, this relief would “cap out at $10 billion, most likely, based on current conversations.” Brooks agreed with Quarles that while larger banks are “fully capable of managing those risks,” smaller banks will face difficulties.
FDIC Chairman Jelena McWilliams also provided an update on actions undertaken to provide banks flexibility while maintaining safety and soundness. McWilliams discussed five key areas: (i) responding to Covid-19 economic risks; (ii) “enhancing [] resolution readiness”; (iii) supporting communities; (iv) “fostering technology solutions and encouraging innovation”; and (v) “finalizing outstanding rulemakings,” including approving an interim final rule to provide regulatory relief to insured depository institutions that have experienced significant, but temporary, asset growth due to government stimulus efforts (covered by InfoBytes here).
NCUA Chairman Rodney E. Hood also discussed updated agency measures in response to the pandemic, such as adjusting supervision priorities to ensure that credit unions’ good-faith efforts to comply with the CARES Act are reviewed. Hood further emphasized in his written statement that “NCUA’s examiners will not criticize a credit union’s efforts to provide prudent relief for members when such efforts are conducted in a reasonable manner with proper controls and management oversight.” Hood also discussed, among other things, NCUA’s cybersecurity efforts in response to the pandemic and significant rulemaking actions, including an interim final rule that provides relief to credit unions that temporarily fall below the well-capitalized level.
The House Financial Services Committee also held a hearing later in the week to discuss the regulators' responses to the pandemic.
FHFA extends GSEs’ ability to buy mortgages in forbearance
On November 12, the FHFA announced an extension of a temporary policy related to the Covid-19 pandemic that allows Fannie Mae and Freddie Mac (GSEs) to purchase qualified single-family mortgages in forbearance that meet specific eligibility criteria. The policy is now extended for loans originated through December 31. As previously covered by InfoBytes, in an effort to provide liquidity to ensure continued lending during the Covid-19 pandemic, FHFA is allowing the GSEs to buy certain mortgages that enter forbearance within the first month after loan closing, prior to delivery to the GSEs.
FTC requires video conferencing provider to improve security safeguards
On November 9, the FTC announced a settlement with a video conferencing provider, resolving allegations that the company violated the FTC Act by misleading users about the levels of encryption and security offered for securing communications during meetings. The FTC’s complaint alleges that, since at least 2016, the company engaged in a series of deceptive and unfair practices by claiming it offered end-to-end encryption to secure users’ communications and—according to the FTC’s press release—“tout[ing] its level of encryption as a reason for customers and potential customers to use [its] videoconferencing services.” The FTC contends that the company actually maintained a lower level of security, which allowed the company access to the contents of users’ meetings, including sensitive personal information, and allegedly secured these meetings with a lower level of encryption than promised. Users who wanted to store recorded meetings using cloud storage provided by the company were told that the meetings were immediately encrypted, but in certain instances, unencrypted meeting recordings were allegedly stored on company servers for up to 60 days before being transferred to the secure cloud storage. In addition, the company allegedly compromised some users’ security by secretly installing software that would allow users to join a meeting by bypassing a browser safeguard designed to protect users from a common type of malware. According to the FTC, the company, among other things, failed to implement any measures to protect users’ security, failed to monitor service providers who had access to the network, lacked a systematic process for incident response, and allegedly increased users’ risk of remote video surveillance by strangers.
The proposed settlement order requires the company to (i) assess and document security risks; (ii) develop ways to manage and safeguard against such risks; (iii) deploy additional methods, including multi-factor authentication, to protect against unauthorized access of the network; and (iv) take other steps, such as implementing data deletion controls and preventing known compromised user credentials from being used. Company personnel must also review any software updates for security flaws to “ensure the updates will not hamper third-party security features.” Furthermore, the company is prohibited from misrepresenting its privacy and security practices, and is required to obtain biennial third-party assessments of its security practices (which the FTC has the authority to approve) and notify the FTC if it experiences a data breach.
GSEs approve continued use of Classic FICO
On November 10, the FHFA announced that, in accordance with the requirements of the Validation and Approval of Credit Score Models Rule (covered by InfoBytes here), Fannie Mae and Freddie Mac (GSEs) have approved the Classic FICO credit score model for continued use. (See also GSE announcements here and here). The FHFA notes that this approval will allow the GSEs “to continue supporting the mortgage market while assessing more modern credit score models” received in response to a Joint Enterprise Credit Score Solicitation announced in February. The FHFA anticipates that the validation and approval process for the additional credit score models will take an additional year to complete.
Fed targets flood insurance violations
On November 10, the Federal Reserve Board (Fed) announced an enforcement action against an Arkansas-based bank for alleged violations of the National Flood Insurance Act (NFIA) and Regulation H, which implements the NFIA. The consent order assesses a $12,000 penalty against the bank for an alleged pattern or practice of violations of Regulation H, but does not specify the number or the precise nature of the alleged violations. The maximum civil money penalty under the NFIA for a pattern or practice of violations is $2,000 per violation.
Agencies issue joint statement on LIBOR transition
On November 6, the OCC, the Federal Reserve Board, and the FDIC issued a statement reiterating that the agencies do not intend to recommend a specific credit-sensitive rate for use in place of LIBOR. The agencies recommend that financial institutions “use any reference rate for its loans that the bank determines to be appropriate for its funding model and customer needs” and emphasize the need for fallback language in lending contracts that provide for the “use of a robust fallback rate if the initial reference rate is discontinued.” The agencies note that examiners will not criticize banks solely regarding their choice of reference rate, including a credit-sensitive rate other than Secured Overnight Financing Rate (SOFR) (the rate recommended by the Alternative Reference Rates Committee). Additionally, the agencies encourage financial institutions to reach out to lending customers to ensure they are prepared for the transition and to consider any technical changes to internal systems that might be needed to accommodate a new reference rate.
As previously covered by InfoBytes, in July, the member agencies of the Federal Financial Institutions Examinations Council (FFIEC) issued a joint statement highlighting several risks that will result from the anticipated cessation of LIBOR at the end of 2021 and discussing the supervisory impacts of the LIBOR transition.
CFPB reports on debt trends for young veterans leaving service
On November 9, the CFPB released a report highlighting credit record trends for young enlisted servicemembers during the first year after separation. According to the CFPB, a large number of these servicemembers become delinquent on debt payments or have severe derogatories appear on their credit records around the time they leave active duty. The report analyzes a sample of 10,872 servicemembers and finds that, for servicemembers who serve at least 7 months, “delinquencies and defaults are between two and 10 times more like to appear on a credit record in the six months after separation as compared to the six months before.” In addition, servicemembers who have negative outcomes show declines in their credit scores just after separation, with recovery not occurring until at least one year after leaving the military. Credit score declines are most severe for those who serve between 7 and 35 months as well as “for those who exit with a Near prime credit score or below, as opposed to a Prime score or better.” Among other things, the report focuses on several categories of young veterans and identifies the following three types of credit accounts to be the most likely sources of delinquencies and defaults: auto loans, credit cards, and personal or retail installment loans. The report also addresses several credit outcomes: credit scores, third-party collections debt (medical and non-medical debt), 90-day delinquencies, and severe derogatory outcomes. While the report’s data does not specifically indicate reasons for a servicemember’s separation, the Bureau reports that part of the cause may be attributed to financial difficulties, and that assisting servicemembers make better financial decisions may increase retention for service branches.