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CFPB announces launch of new system for providing guidance and issues first Circular; FDIC issues final rule on misuse of FDIC name or logo or making misrepresentations about deposit insurance

CFPB Monitor

They provide background information about applicable law, articulate considerations relevant to the Bureau’s exercise of its authorities, and, in the interest of maintaining consistency, advise other parties with authority to enforce federal consumer financial law.

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Vice Chair Barr outlines Federal Reserve’s near-term priorities

CFPB Monitor

Barr also intends to work with the FDIC to review the resolution plans of globally systemically important banks and other large banks to ensure appropriate steps are being taken to limit the costs to society of potential failure. Vice Chair Barr took office on July 19, 2022 for a four-year term.

System 78
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Conference of State Bank Supervisors files new lawsuit to block OCC approval of Figure Technologies charter application

CFPB Monitor

federal district court challenging the OCC’s authority to issue special purpose national bank (SPNB) charters to non-depository fintech companies. Vullo is the lawsuit filed by the New York Department of Financial Services challenging the OCC’s SPNB charter for non-depository fintechs. 7.4007, 7.4008, 34.4)

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OCC files to motion to dismiss CSBS lawsuit seeking to block OCC approval of Figure Technologies charter application

CFPB Monitor

The lawsuit represents CSBS’s third challenge to the OCC’s authority to issue special purpose national bank (SPNB) charters to non-depository fintech companies. In the third complaint, CSBS also asks the court to declare that the OCC’s preemption regulations (12 C.F.R. The first two lawsuits were dismissed on ripeness grounds.

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NY federal district court deals blow to OCC fintech charter

CFPB Monitor

The OCC also argued that the NYDFS’s claims were untimely because it can no longer challenge the OCC’s long-standing regulation (12 C.F.R. The OCC argued that the NYDFS’ complaint failed to state an APA claim because this regulation is entitled to deference under the U.S. e)(1)) interpreting the term “business of banking” in the NBA.

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Banking Third Party Risk Management Requirements are a Big and Expensive Ask

Celent Banking

Institutions are paying three times as much as their third party to complete on this exercise. The FDIC expresses best the sentiment of worldwide regulators: “A bank’s use of third parties does not relinquish responsibility… but holds it to the same extent as if the activity were handled within the institution."

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OCC issues final “true lender” rule

CFPB Monitor

24, 371 and 1464(c), respectively) that allow national banks and federal savings associations to engage in lending, by clarifying when a bank has exercised its lending authority. We continue to hope for a substantially similar “true lender” rule from the FDIC.