The Compliance 911 Show Dean Stockford - Len Suzio

Episode 62 of the podcast delves into the intricacies of Electronic Funds Transfers, primarily focusing on the basics of Regulation E (Reg. E) Error Resolution provisions and their stringent timelines for addressing claims. Dean Stockford and Len Suzio begin by discussing the impact of their previous podcasts, with Dean emphasizing the importance of understanding the Electronic Fund Transfer Act, which establishes the basic rights, responsibilities, and liabilities of consumers and financial institutions engaging in electronic fund transfers. Dean outlines the specific definitions of "Electronic Fund Transfer," explaining that it includes activities such as Point-of-sale transfers, ATM transfers, direct deposits or withdrawals, telephone-initiated transfers, and debit card transactions. He further elaborates on the definition of "error" in the context of electronic fund transfers and stresses the immediacy required in investigating these errors. Dean highlights common misconceptions about error notifications, clarifying that financial institutions must start investigations immediately upon receiving an oral notification and not necessarily wait for written confirmation. The episode wraps up with a detailed walkthrough of the steps and timelines involved in resolving errors, emphasizing the importance of provisional credit, extensions for investigations, and the final resolutions based on the findings.
The podcast episode serves as an informative session aimed at demystifying the complex world of electronic fund transfers, ensuring that consumers are well-informed about their rights and the responsibilities of financial institutions. Dean and Len's conversation underscores the significance of timely error resolution and the stringent provisions in place to safeguard consumers. Their discussion provides valuable insights into the potential pitfalls and best practices for financial institutions when dealing with electronic fund transfer errors, ensuring transparency and accountability. Towards the end, they express gratitude to their audience and encourage feedback for future topics, underscoring their commitment to addressing relevant and impactful subjects in the realm of regulatory compliance.

On a broadcast hosted by Dean Stockford, Len Suzio highlights the increase in adverse Community Reinvestment Act (CRA) ratings for banks in the first half of 2023. An article from Standard & Poor indicated that 12 banks received less than satisfactory performance ratings, a jump compared to 14 for the entirety of 2022. Len believes that this rise can be attributed to regulators enforcing stricter performance standards. Evidence for this includes the proposed new CRA Rule, which intends to set higher CRA performance standards. An analysis by bank regulators shows that the new rule would result in a significant increase in the CRA exam failure rate. Len emphasizes that the vagueness in the currently applied performance standards would allow regulators to implement the proposed calibrated standards without officially announcing them. Another notable factor impacting these ratings is the Fair Lending issue and the anti-redlining initiative. Len suggests that banks be aware of these changes and regularly self-evaluate their compliance with these standards.
 
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Len and Dean focus on Electronic Funds Transfers, particularly person-to-person (P2P) payment apps like Venmo, Apple Pay, and Zelle. Dean elaborates on the December 2021 update by the CFPB to the Reg. E FAQs. These guidelines stress that P2P payments, when they involve certain methods like a consumer’s debit card, are subject to the provisions of EFT-Regulation E. The Electronic Funds Transaction Act (EFTA) and Regulation E define an EFT and set the framework for how EFTs involving consumers should work. Dean also clarifies that the rights, liabilities, and rules for users of these apps are dictated by the EFTA and its rule Reg. E. They delve into the protections of Reg. E, detailing how financial institutions need to handle disputes and error reports from consumers in strict timeframes. The duo wraps up by emphasizing that any P2P transactions that fit the EFT definition are governed by the EFTA and Reg. E.
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In this podcast episode, Dean and Len delve into pivotal questions concerning regulatory compliance in the banking sector. Len highlights the two primary questions every compliance and risk officer should ponder: whether their lending performance meets the expectations of examiners and if the performance is statistically significant. 
The conversation comes against the backdrop of changes to the Community Reinvestment Act (CRA) Rule and the Department of Justice's recent focus on the "Anti-Redlining Initiative." Len breaks down the proposed CRA rule, emphasizing performance benchmarks and their significance for banks to ascertain their ratings even before official examinations. 
Transitioning to Fair Lending and redlining, the duo discusses the intricacies of "statistical significance" and how it gauges a bank's performance, especially when lending in majority-minority tracts. Despite the challenges, Len elucidates that unfavorable results don't automatically doom a bank. Factors like defining the market accurately and valid explanations for performance trends play a role.
Both Dean and Len underscore the episode's timeliness, given the prevailing regulatory atmosphere. They hope listeners find the complex topic both engaging and enlightening.
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In this podcast episode, Len and Dean discuss the challenges compliance officers face in keeping up with regulatory changes and guidance. They mention various regulations and topics that have been covered in previous episodes, such as CRA, Fair Lending, Redlining, BSA, AI, and more. They emphasize the importance of staying informed about regulatory changes and offer some techniques for compliance professionals to do so, including creating a regulatory calendar, attending conferences, reviewing internal processes, using compliance software, and building a team.
Dean then provides a specific example of recent guidance from the CFPB in June 2023 regarding the use of AI and chatbots by financial institutions. Although the CFPB hasn't released new regulations, they discuss the risks associated with chatbot usage from a UDAAP (Unfair, Deceptive, or Abusive Acts or Practices) perspective. Dean advises compliance officers to gain a comprehensive understanding of their institution's use of chatbots, identify and discuss risks associated with them, ensure adequate testing is performed, provide updated training on compliance risks, and consider updating the complaint intake form to include chatbot interactions.
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In this podcast episode, Len Suzio and Dean Stockford discuss the implications of the DOJ’s “Combatting Redlining Initiative" that was announced in 2021 and the ensuing increase in redlining referrals from bank regulators to the DOJ in 2022. Len believes this issue represents a significant regulatory compliance risk for banks, despite not being convinced of the DOJ's claim of widespread redlining practices today. Len's primary concern is the alleged misuse of the concept of Reasonably Expected Market Areas (REMA) by regulators, which, in his view, has misleadingly expanded a bank’s Community Reinvestment Act (CRA) assessment area to include markets that are not practical for a bank to serve. This has been a factor in the record-breaking redlining referrals by bank regulators to the DOJ.
Len further explores commonalities among redlining cases, which mostly center on banks' inadequate procedures for identifying redlining risk exposure. He asserts that all lenders should promptly review their systems and procedures for identifying and monitoring potential redlining situations, ensuring they're not only adequate but also consistently implemented. The topic of REMAs versus CRA Assessment Areas is expanded, indicating that lenders should consider these as potentially different and evaluate their standing in relation to each. Len and Dean discuss key factors for REMA consideration, as described in the 2023 Fair Lending examination procedures, and the potential consequences if a bank's lending in REMA minority communities is statistically significantly low.
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