FDIC Updates Guidance on NSF Fees on Re-Presented Transactions
The Federal Deposit Insurance Corporation (FDIC) has provided revised guidance regarding the lookback review for multiple nonsufficient funds (NSF) fees charged to customers for transactions presented multiple times against insufficient funds in their accounts. The guidance states that the FDIC will not require an institution to conduct a lookback review unless there is a likelihood of significant harm to consumers. However, the guidance does not specify what qualifies as "substantial consumer harm."
The guidance, initially issued in August 2022, outlines various risk-mitigating activities that institutions can undertake concerning multiple NSF fees. It also clarifies the FDIC's supervisory approach for taking corrective action in cases of law violations.
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Senate Banking Committee Advances Compensation Clawback Bill
Today, the Senate Banking Committee passed the Recovering Executive Compensation Obtained from Unaccountable Practices, or RECOUP, Act. The bill would give the FDIC authority to recover specific compensation from senior executives at failed banks. This includes the profits gained from selling the bank's stock up to two years before the failure.
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Resolutions Opposing CFBP Data Collection Rule Introduced in Senate, House
Congressional Review Act resolutions expressing disapproval of the Consumer Financial Protection Bureau's (CFPB) recent final rule under Dodd-Frank Act Section 1071 have been introduced in the Senate and House. Nebraska Sens. Deb Fischer and Pete Ricketts and Rep. Mike Flood are cosponsors of their respective resolutions.
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Fed Publishes Master Account List
The Federal Reserve released a roster of financial institutions that either have or requested access to the master accounts and payment services. A provision in the 2022 National Defense Authorization Act mandated the release of the list.
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