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FDIC issues guidance on multiple re-presentment NSF fees

CFPB Monitor

The FDIC has issued new supervisory guidance (FIL-40-2022) on multiple non-sufficient funds (NSF) fees arising from the re-presentment of the same unpaid transaction. In the guidance, the FDIC addresses potential risks arising from multiple re-presentment NSF fees, risk mitigation practices, and the FDIC’s supervisory approach. .

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Seven states and D.C. file lawsuit challenging FDIC “Madden fix” rule

CFPB Monitor

The plain language of the governing federal statute applies only to interest that an FDIC-insured state bank may charge. Allegedly, the FDIC’s rule represents an expansion of the FDIA’s preemption of state law interest rate caps by extending the preemption to assignees of loans originated by such banks.

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ATMIA Weighs In On Cashless Retail Ban Debate

PYMNTS

As quoted in the National Law Review , the councilman, citing data from the FDIC that black and Hispanic households are more likely than their white counterparts to be underbanked or unbanked, has said that “the cashless marketplace sends an exclusionary message — that the impoverished, the homeless, the underbanked, the undocumented need not apply.

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The Current Banking Crisis – 10 Not So Apparent Lessons

South State Correspondent

Percentage of Uninsured Deposits: At the time of failure, SVB had approximately 88% of their deposits above the FDIC-insured $250k limit and ran at 95% at the end of last year. Some form of this ratio will likely be applied to the national and regional banks, which means larger community banks will also be judged by this ratio.

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Stablecoin Outlook Anything But Stable As Regulation, Legislation Loom

PYMNTS

It seems to be the case, then, that stablecoins may be regulated to the point where they are an adjunct to fiat – and to the modern monetary system that has been in place for decades – rather than a wholesale replacement. Recently, a BIS study concluded that embedded regulation might offer a solution for stablecoins.

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Plaintiffs in lawsuit challenging OCC Madden-fix rule move for summary judgment

CFPB Monitor

The Attorneys General of California, Illinois, and New York have filed a motion for summary judgment in their lawsuit filed against the Office of the Comptroller of the Currency (OCC) to enjoin the OCC’s final rule purporting to override the Second Circuit’s Madden decision as to national banks and federal savings associations.

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