The Dodd-Frank Act amended The Truth in Lending Act (TILA) by requiring that the dollar threshold for exempt consumer credit transactions be adjusted annually by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). If there is no annual percentage increase in the CPI-W, the exemption threshold from the prior year is not adjusted. The Dodd-Frank Act requires similar adjustments in the Consumer Leasing Act’s threshold for exempt consumer leases. TILA establishes special appraisal requirements for “higher-priced mortgage loans.” The regulations implementing these requirements exempted transactions of $25,000 or less and required that this loan amount be adjusted annually based on any annual percentage increase in the CPI-W. Read More
Month: November 2022
FTC ISSUES ADVANCE NOTICE OF RULEMAKING ON “JUNK FEES”
The Federal Trade Commission (“FTC”) issued a notice of advanced public rulemaking on so-called “junk fees.” The notice is an early step in the administrative process for drafting a regulation. The FTC is seeking public comments on twenty-one separate questions on various practices relating to the advertisement and disclosure of fees, competition on fees, the extent the fees cover a value-added, consumer perception of fees and how to best write a precise rule governing fees. Read More
MID-SIZED AND COMMUNITY BANK GROUP ISSUES STANDARDIZED BANK PARTNERSHIPS PLAYBOOK
Members of Alloy Labs Alliance, a consortium of midsized and community banks, released its “playbook” for “Banking as a Service” (“BaaS”) relationships between depositary institutions and non-bank financial technology firms. Drafted in partnership with leading technology providers, the Alloy Labs Playbook seeks to establish industry standards and a common vocabulary of buzzwords and common terms. The BaaS business model focuses primarily on banking services other than lending and has been around for over a decade. However, the BaaS industry is still evolving rapidly.
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CA-DFPI TO ISSUE CONDITIONAL DCLA LICENSES IN JANUARY 2023, SAFE HARBOR TO EXPIRE DECEMBER 31
The California Department of Financial Protection and Innovation (“DFPI”) plans to start issuing conditional licenses on January 1, 2023 to debt collectors that have applied under the state’s Debt Collection Licensing Act (“DCLA”). The DFPI also plans to end the regulatory safe harbor allowing debt collectors that have applied for a license to continue to collect consumer debt in California at the same time.
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