Page 5 - April 24, 2025 Bulletin
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aRTiCLeS


        rule setting monetary penalties for certain BSA reporting and   Court Vacates CFPB Credit Card Late
        recordkeeping violations by financial institutions. The Treasury   Fee Rule
        Department said the rule was made redundant by the Federal
        Civil Penalties Inflation Adjustment Act of 1990, and a second   A federal court has vacated the CFPB’s rule on credit card late
        FinCEN regulation codifying the annual inflation-adjusted civil   fees a day after plaintiffs reached an agreement with the bureau to
        penalties mandated by the Act. The newer inflation-adjusted   end a lawsuit over the rule.
        penalties are applied to all violations after Aug. 1, 2016.
                                                                Under the terms of the settlement, the CFPB acknowledged it
        Other rules to be rescinded include rules concerning governance   exceeded its authority under the Credit Card Accountability
        and executive compensation at institutions that received Troubled   Responsibility and Disclosure Act, and that the late fee rule
        Asset Relief Program assistance and book-entry Federal Financing   violates the Administrative Procedure Act. The CFPB asked the
        Bank securities. The rule removals will be effective 60 days after   court to vacate the rule, which it did today.
        publication in the Federal Register, unless Treasury receives
        significant adverse comments.                           In a joint statement, ABA and the other plaintiffs welcomed the
                                                                court’s decision.
        Read more: https://www.federalregister.gov/
        documents/2025/04/15/2025-06353/eliminating-unnecessary-  “If the CFPB’s rule had gone into effect, it would have resulted
        regulations                                             in more late payments, lower credit scores, higher interest rates
                                                                and reduced credit access for those who need it most,” they
        OCC Notifies Congress of Data                           said. “It would have also penalized the millions of Americans
                                                                who pay their credit card bills on time and reduced important
        Breach Involving Bank Information                       incentives for consumers to manage their finances. We appreciate

                                                                the CFPB’s recognition that the rule violated the law, and the
        A cyber incident involving the Office of the Comptroller of the   bureau’s willingness to resolve our legal challenge.”
        Currency’s email systems led to unauthorized access to highly
        sensitive information about the financial condition of financial
        institutions the agency supervises, according to a notice to   House Votes to Reverse CFPB
        Congress by the OCC. The notice is required by the Federal   Overdraft Rule
        Information Security Modernization Act.
                                                                The U.S. House has voted in favor of a resolution to overturn the
        The OCC publicly disclosed the data breach in February but   CFPB’s limit on overdraft fees. The 217-211 vote came less than
        released details today about the incident. According to an   two weeks after the Senate passed its version of the resolution.
        agency statement, the OCC learned of unusual interactions
        between a system administrative account in its office automation   The CFPB overdraft limit requires banks with at least $10 billion
        environment and OCC user mailboxes in mid-February. The   in assets to cap overdraft fees at $5 unless they voluntarily set a cap
        OCC implemented incident response protocols and began   that covers their actual costs and losses or treat overdraft protection
        analyzing the compromised emails to determine their contents.   as a loan covered by the Truth in Lending Act.  The resolution now
        Some contained sensitive information on financial institutions.  heads to the President for his review and signature.
        The OCC has brought in third-party cybersecurity experts to   FDIC Seeks 20% Workforce
        perform a full review of the investigation and forensics efforts,
        according to the agency. It is also launching an evaluation of its   Reduction
        current IT security policies and procedures, and plans to engage
        an additional independent third-party to assess and analyze   The FDIC is seeking to reduce its workforce by a further 20%
        internal processes related to cyber incidents.          as part of an effort to reduce the overall size of government,
                                                                Bloomberg News reported.
        “The confidentiality and integrity of the OCC’s information
        security systems are paramount to fulfilling its mission,” said   Citing anonymous sources, the news outlet reported that the staff
        Acting Comptroller of the Currency Rodney Hood. “I have   reduction is being driven by the Department of Government
        taken immediate steps to determine the full extent of the breach   Efficiency. A small team of DOGE staffers met with FDIC
        and to remedy the long-held organizational and structural   leadership, according to Bloomberg and other news outlets.
        deficiencies that contributed to this incident. There will be full   The FDIC’s authorized staffing for 2025 is 6,876 full-time
        accountability for the vulnerabilities identified and any missed   equivalents, according to the agency’s annual report to Congress.
        internal findings that led to the unauthorized access.”  In January, the Washington Post reported that the FDIC
        Read more: https://www.occ.treas.gov/news-issuances/news-  rescinded job offers to more than 200 new examiners because of a
        releases/2025/nr-occ-2025-30.html                       government-wide hiring freeze implemented by the White House.



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