On June 17, the Consumer Financial Protection Bureau (CFPB) rescinded its 2020 advisory opinion “Equal Credit Opportunity (Regulation B); Special Purpose Credit Program,” which addressed regulatory uncertainty regarding the application of the Equal Credit Opportunity Act’s Regulation B to certain aspects of special purpose credit programs (SPCPs) “designed by for-profit organizations to meet special social needs.” The advisory opinion had clarified the content a for-profit …
Agencies Strip Reputation Risk From Interagency Supervisory Guidance
Recently, the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC) and Federal Reserve Board (Federal Reserve) jointly updated 15 supervisory interagency guidance documents by removing references to “reputation risk.” The updated guidance follows other agency actions to remove “reputation risk” from supervisory guidance and examinations and is part of a broader federal effort to eliminate so-called politicized or unlawful debanking. …
White House Issues Executive Orders Targeting Financial System Integrity, Fintech Innovation
On May 19, 2026, President Donald Trump signed an executive order titled, “Restoring Integrity to America’s Financial System.” The order is designed to mitigate risks to the financial system “posed by the extension of credit or financial services to the inadmissible and removable alien population.” The order stops short of requiring firms to verify each customer’s citizenship status – a controversial move that was reportedly …
Chopra Appointed First Secretary of California’s New Business and Consumer Services Agency
On May 12, 2026, California Gov. Gavin Newsom announced the appointment of former Director of the Consumer Financial Protection Bureau (CFPB) Rohit Chopra as the first secretary of California’s newly created Business and Consumer Services Agency (BCSA). Set to launch on July 1, 2026, the new cabinet-level agency is designed to strengthen consumer protection and fairness through the coordination of licensing, enforcement and rulemaking efforts across …
HUD Clarifies Scope of Fair Housing Act’s Steering Prohibition for Real Estate Professionals
The Department of Housing and Urban Development (HUD) issued a “Dear Colleague” letter to real estate professionals clarifying that sharing crime or school quality information with prospective homebuyers or renters is not a violation of the Fair Housing Act (FHA) when shared without discriminatory intent. The letter follows closely on the heels of a final rule issued by the Consumer Financial Protection Bureau (CFPB) to …
Fannie Mae Issues AI/ML Governance Framework for Sellers and Servicers
Fannie Mae recently issued Lender Letter LL-2026-04 (Fannie Mae letter), which sets forth a governance framework for Fannie Mae single-family sellers and servicers using artificial intelligence and machine learning (AI/ML) in their origination and servicing practices. The requirements will take effect on August 6, 2026. The Fannie Mae letter builds upon prior Freddie Mac updates to its Seller/Servicer Guide on the same topic (Freddie Mac …
FDIC Rescinds Supervisory Guidance on Multiple NSF Fees
The Federal Deposit Insurance Corporation (FDIC) has rescinded its Biden-era supervisory guidance that cautioned banks against charging multiple non-sufficient funds (NSF) fees on a declined transaction. In announcing the rescission, the FDIC stated that its prior guidance, called Supervisory Guidance on Multiple Re-Presentment NSF Fees, was “overly broad in scope” and “raised uncertainty” about when disclosures concerning multiple attempts to initiate a payment after a …
Part 3: Looking Ahead – Novel Cybersecurity Issues and Department Priorities
In prior posts, we discussed the amendments to 23 NYCRR Part 500 (Part 500) ahead of the April 15 deadline to certify compliance with Part 500 and the increasing focus on multifactor authentication (MFA) as a key cybersecurity control. While Part 500 sets out formal cybersecurity requirements, the New York State Department of Financial Services (NYDFS) regularly uses industry letters and guidance to signal how …
CSBS Interpretive Guidance Clarifies Some Stablecoins May Be Included in Tangible Net Worth Calculations for Money Transmitters
The Conference of State Bank Supervisors (CSBS) recently issued interpretive guidance addressing the accounting treatment of stablecoins in the tangible net worth (TNW) calculation under its Model Money Transmission Modernization Act (MTMA). The guidance clarifies that CSBS intends for the definition of TNW under the MTMA to include, as “tangible financial assets,” stablecoins that meet certain criteria. The guidance is nonbinding, and it is uncertain …
Part 2: NYDFS Sharpens Its Focus on Multifactor Authentication
Financial institutions covered by 23 NYCRR Part 500 (Part 500) (covered entities) must annually certify their compliance with these cybersecurity regulations. As the April 15 date for certifying compliance approaches, the New York Department of Financial Services (NYDFS) has been reinforcing its focus on one particular element of the updated requirements – multifactor authentication (MFA). On February 26, 2026, NYDFS hosted a public cybersecurity presentation …