In July of 2022, the CFPB had agreed to a March 31, 2023, deadline for issuing a final rule implementing the small business data requirements of Section 1071 of the Dodd-Frank Act. Section 1071 amended the ECOA, to require financial institutions to collect and report certain data in connection with credit applications made by small businesses, including women- or minority-owned small businesses. The CFPB issued a NPRM in September 2021 and the comment period ended on January […]
Category: ECOA
DOJ Announces New Jersey Redlining Case
On September 28, 2022, the Department of Justice (DOJ) announced that it has entered into an agreement with Lakeland Bank to settle the DOJ’s claims that Lakeland engaged in unlawful redlining in the Newark, New Jersey metropolitan area. The DOJ’s complaint alleges: During the relevant time period (2015-2021), the Newark, New Jersey-Pennsylvania Metro Division (Newark MD) as delineated in 2015 included Essex, Somerset, Union, Sussex, and Morris counties in New Jersey (Newark Lending Area). As […]
FDIC FAIR HOUSING CHANGES
On August 8, 2022, the Federal Deposit Insurance Corporation (FDIC) published a technical correction to two regulations in the Federal Register. The changes were precipitated by the consolidation of the former Consumer Response Center and the Deposit Insurance Section. The resulting entity has been renamed the National Center for Consumer and Depositor Assistance (NCDA). Both the Fair Housing Rule and the Consumer Protection in Sales of Insurance Rule are impacted by the change. FDIC-regulated institutions […]
Three Common Adverse Action Pitfalls
Adverse action continues to be one of the most challenging areas for Compliance Officers to ensure compliance. Trying to provide timely decisions to comply with regulatory requirements, making sure the accurate reasons are being provided to applicants on notices or for verbal notification, can be a cumbersome and often a frustrating process. Jack Holzknecht, Founder and Senior Consultant at Compliance Resource, has been training and providing guidance through his blogs, most recently on May 31, […]
1071 Preparation: What Should We Do Now?
In the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) of 2010, Congress directed the Consumer Financial Protection Bureau (CFPB) to adopt regulations that will govern data collection for small business and agricultural lending. Section 1071 of Dodd-Frank amended the Equal Credit Opportunity Act (ECOA, Reg. B) to require financial institutions to collect and submit specific data to the CFPB. Congress enacted section 1071 for the purpose of: Facilitating enforcement of fair lending laws. […]