Category:Banking
FIRM Act Sent to Senate to Vote on Eliminating the Use of Reputational Risk in Banking
On March 6, 2025, the Chairman of the United States Senate Committee on Banking, Housing, and Urban Affairs, Senator Tim Scott, introduced a bill designed to eliminate reputational risk as a component of regulatory supervision in banking. The Financial Integrity and Regulation Management Act, or FIRM Act, is the latest edition in the Senate’s efforts to reduce the potential influence of banking regulators in perpetuating debanking schemes of various industries. The bill has received praise and support from many leaders and industry groups in the banking industry including a letter of support from a coalition of 26 state financial officers and comments in favor of the bill submitted by the American Bankers Association (ABA). On March 13, 2025, the Senate Banking Committee voted in favor of sending the bill to the Senate to begin congressional voting. While it remains debatable if reputational risk is being misused to politically influence the types of clients that banks service, it is clear that reputational risk in regulatory exams is an unnecessary extension of strategic risk that should be removed from examinations to close the door to any possibilities of political misuse.
CFPB Faces Uncertain Future: What it Means for Consumers
The US Consumer Financial Protection Bureau (CFPB) is a government agency that ensures consumers are “treated fairly by banks, lenders, and other financial institutions.” Along with enforcing consumer protection laws, the CFPB oversees products, like credit cards and mortgages, and investigates complaints regarding dishonest or illegal activity to hold companies accountable. The CFPB has faced controversy about whether or not the agency has too much power. However, the CFPB is currently under increased scrutiny by the Trump administration, which could result in issues with consumer financial protections.
Banking Regulators Accused of Debanking Scheme Targeted at Cryptocurrency
On January 23, 2025, President Trump signed an executive order aimed at supporting the growth of digital assets and blockchain technologies across the American economy, mitigating risks associated with Central Bank Digital Currencies (CBDCs), and protecting fair and open access to banking services for all private-sector entities. This executive order was created following accusations from industry leaders in digital assets who claim that banking regulators at the Federal Deposit Insurance Corporation (FDIC) were encouraged by the Biden administration to instruct banks to deny banking services to digital asset companies, also known as debanking. To investigate these claims further, the United States Senate Committee on Banking, Housing, and Urban Affairs conducted a hearing on February 5, 2025 to hear directly from industry leaders about the depth and impact of the allegations.
Card Declined: CFPB Withdraws Proposed Rule Banning Nonsufficient Funds
On January 24, 2024, the Consumer Financial Protection Bureau (CFPB proposed a rule that would block non-sufficient funds (NSF) fees on debit card, ATM, and peer-to-peer payment transactions that are declined instantaneously or nearly instantaneously. The proposal of this rule arose from a variety of initiatives under the CFPB of the Biden administration to crack down on “junk fees” charged by banks and other financial institutions. However, on January 14, 2025 the CFPB issued notice to withdraw their proposed rule regarding NSF fees.
Toronto Dominion Bank – Hey Criminals, Bank Here!
Toronto Dominion Bank, known as TD Bank, is one of the largest banks in the United States. In early October of this year, TD Bank agreed to pay almost $2 billion in penalties for its involvement in money laundering practices and “violations of the Bank Secrecy Act (BSA).” Over the span of a decade, TD Bank failed to stop hundreds of millions of dollars worth of drug money from flowing through its system and became a common bank for criminal enterprises to use. Attorney General Merrick B. Garland discussed how TD Bank made “its services convenient for criminals” when they decided to maximize their profit margins over complying with the law.
Locked Out: How the FDIC is ‘Banking’ on Transparency
As a result of Synapse, a banking as a service (BaaS) provider, declaring bankruptcy back in May 2024, millions of users were unable to access accounts for at least two weeks. Synapse was a startup that had contracts with 20 banks and 100 financial technology (fintech) companies. When the company filed for bankruptcy, it shut down its services to comply with banking laws to ensure that all customer deposits were accurate. Despite the word “banking” in BaaS and customers having credit or debit cards, Synapse is not like other banks. It is distinguishable, because it is not backed by the Federal Deposit Insurance Corporation (FDIC), like other traditional banks are. In the aftermath of the lock out, the FDIC has proposed a new rule to force banks partnered with fintech apps to strengthen record-keeping.
Generative AI- The Next Frontier in Fighting Financial Crime
Artificial intelligence (AI) is the latest tool in a financial institution’s arsenal to restrict the flow of money being channeled to fund illegal activities worldwide. As criminals get more innovative and sophisticated in using the latest technology to evade detection of their financial crimes, financial institutions must follow suit and utilize similar technology to root out these crimes or risk facing regulatory sanctions. Money laundering generally refers to financial transactions in which criminals, including terrorist organizations, attempt to disguise the proceeds of their illicit activities by making the funds appear to have come from a legitimate source. However, this is not a new phenomenon. Congress passed the Bank Secrecy Act (BSA) in 1970 to ensure financial institutions follow a set of guidelines known as KYC (Know Your Customer/Client) to detect and prevent money laundering through their systems.
CFPB Takes Aim at Credit Card Late Fees in Latest Rule to Eliminate ‘Junk Fees’
In January 2022, the Consumer Financial Protection Bureau (CFPB) set out to increase transparency in the pricing of financial services products by implementing rules to eliminate ‘junk fees’ that often obscure the true price of financial products. Through this initiative, the CFPB analyzed the impact of numerous types of fees across banking while simultaneously attracting the scrutiny of banking advocacy organizations such as the American Banking Association (ABA) and the US Chamber of Commerce. These advocacy organizations have challenged the constitutionality of the CFPB funding structure. The CFPB examines all categories of financial products in the search for ‘junk fees’, including recently uncovering paper bank statement fees for statements that were never printed or mailed, add-on products being charged to paid-off auto loan accounts, undisclosed fees imposed on international money transfers, and bank operating systems double-dipping on non-sufficient funds fees. While litigation has recently settled in the Supreme Court to determine that the CFPB is constitutionally funded under the Appropriations Clause, the most recent rule by the CFPB to limit ‘junk fees’ imposed on credit card accounts remains on hold following a decision to grant a Preliminary Injunction by the US District Court for the Northern District of Texas.