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Compliance changes to watch in 2023

Independent Banker

The FDIC approved a final rule to increase initial base deposit insurance assessment rates by 2 basis points until the Deposit Insurance Fund (DIF) achieves the FDIC’s long-term goal of a reserve ratio of 2% of insured deposits. The FDIC’s long-term goal for the reserve ratio of insured deposits. Source: FDIC.

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FDIC files summary judgment motion in lawsuit challenging its “Madden-fix” rule

CFPB Monitor

The FDIC has filed a motion for summary judgment in the lawsuit filed by the Attorney Generals of six states and District of Columbia to set aside the FDIC’s “ Madden -fix” rule. The filing also includes the FDIC’s opposition to the summary judgment motion filed by the AGs.

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FDIC files reply in support of its summary judgment motion in lawsuit challenging its “Madden-fix” rule

CFPB Monitor

The FDIC has filed its reply in support of its motion for summary judgment in the lawsuit filed by a group of state attorneys general to set aside the FDIC’s “ Madden -fix” rule. The reply responds to the AGs’ opposition to the FDIC’s summary judgment motion. The state AGs have also filed a motion for summary judgment.

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OppFi files complaint to block “true lender” challenge by California Department of Financial Protection and Innovation

CFPB Monitor

In 2019, California enacted AB 539 which, effective January 1, 2020, limited the interest rate that can be charged on loans of $2,500 to $10,000 by lenders licensed under the California Financing Law (CFL) to 36% plus the federal funds rate. Section 160.110(d). Section 7.4001(e).

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California Dept. of Business Oversight launches “true lender” investigation of auto title lender’s partnership with Utah bank

CFPB Monitor

In 2019, California enacted AB-539, the Fair Access to Credit Act (FACA), which, effective January 1, 2020, limits the interest rate that can be charged on loans of $2,500 to $10,000 by lenders licensed under the California Financing Law (CFL) to 36% plus the federal funds rate. A number of states have challenged these regulations.

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California lawmakers ask FDIC to cut off high-cost consumer lenders

American Banker

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Signaling Caution

Independent Banker

Regulators warn once again about rising CRE concentrations and risks. Obviously these local lenders took notice when the Federal Reserve, the FDIC and the Office of the Comptroller of the Currency recently issued a joint statement pointing out increased risks in CRE lending. We get a lot of attention” from regulators, he says.