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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.

FDIC 78
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Biden transition announces members of agency review teams

CFPB Monitor

Banking and Securities Regulators (includes FDIC, Federal Reserve, NCUA). Gary Gensler , who is with the Massachusetts Institute of Technology, will serve as team leader. English initiated unsuccessful litigation seeking a declaration that she, rather than Mr. Mulvaney, had the right to serve as Acting Director.

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Small business borrowers bring lawsuit alleging lender engaged in “rent-a-charter” scheme to make usurious loans

CFPB Monitor

Celtic could not make and keep the loans on its balance sheet because they would create an unacceptable risk under FDIC regulations. The complaint includes claims for violations of state usury laws (California, Massachusetts, Colorado, New York) and racketeering and conspiracy under federal RICO statutes.

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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. Look for more formal education teaching bankers how to talk to customers about FDIC insurance, bank safety, and liquidity concerns.

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New York federal district court allows class action challenging bank’s NSF fees to proceed on breach of contract theory

CFPB Monitor

Last month, the FDIC issued new supervisory guidance on multiple NSF fees arising from the re-presentment of the same unpaid transaction. Both Jenkins and Lamoureux are awaiting further proceedings. We will continue to monitor each for significant developments as they move forward.