Page 7 - July 18, 2024 Bulletin
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aRTiCLeS


        The ruling did not reach a decision on the merits in Corner Post’s   struck down that test, saying it violated the Administrative
        lawsuit, which is now expected to return to the trial court for   Procedure Act. Chevron “requires a court to ignore, not follow,
        further proceedings. In 2014, the D.C. Circuit Court of Appeals   ‘the reading the court would have reached’ had it exercised its
        rejected retailers’ arguments that Reg II’s fee caps were too high,   independent judgment as required by the APA,” said Chief
        and in 2015 the Supreme Court declined to hear an appeal of the   Justice John Roberts, writing for the majority.
        circuit court’s decision.
                                                                  Chevron has been cited in numerous legal cases involving

        CFPB Extends Compliance Dates                           questions of agencies’ statutory authority. The majority ruled
                                                                that those previous cases still stand. “The holdings of those
        for Small-Business Lending Rule                         cases that specific agency actions are lawful… are still subject to
                                                                statutory stare decisis despite the court’s change in interpretive
        The CFPB has issued an interim final rule to formalize its   methodology,” Roberts wrote.
        previous announcement that it had extended by 290 days
        the compliance dates for its Section 1071 small-business data   Read more: https://www.supremecourt.gov/opinions/23pdf/22-
        collection rule. Under the change, lenders with the highest   451_7m58.pdf
        volume of small-business loans must begin collecting data by
        July 18, 2025; moderate-volume lenders by Jan. 16, 2026; and   Bank Customers Want
        the smallest-volume lenders by Oct. 18, 2026. The deadline for   Personalized Financial Advice
        reporting small-business lending data to the CFPB remains June
        1 following the calendar year for which data is collected.  Personalized financial advice has emerged as a key to a meaningful
                                                                bank customer experience, according to the findings of a recent J.D.
        The CFPB also announced that it does not intend to assess   Power study. Financial advice is “resonating more than ever” with
        penalties for reporting errors for the first 12 months of collection.   retail bank customers, but only 42% indicated recalling that their
        It intends to conduct examinations only to assist lenders in   bank provides guidance.
        diagnosing compliance weaknesses, “so long as lenders engage in
        good faith compliance efforts.”                         The survey showed that for those who receive guidance, 76% act
                                                                on it. “Customers who act on the financial advice and guidance
        A federal court in Texas last year stayed the rule in a lawsuit filed   provided by their bank are getting not only help on how to save time
        by the Texas Bankers Association, ABA and others challenging   or money, but also these services result in increased satisfaction and
        the regulation, ruling that the CFPB could not enforce it until   strong engagement and brand advocacy,” said a J.D. Power banking
        the U.S. Supreme Court decided on the constitutionality of the   and payments analyst, noting that as banks get more “savvy” about
        bureau’s funding structure in a separate case. The high court   how to personalize content through AI and staff training, “recall and
        upheld the CFPB’s funding earlier this year. The Texas court also   usage of financial advice is increasing, which is a very positive step
        ruled that the CFPB must extend the rule’s compliance deadlines   forward for the industry.”
        to compensate for the period stayed.
                                                                Recall of financial advice among younger customers exceeds the
        Read more: https://www.consumerfinance.gov/about-us/newsroom/  industry average, according to the study. Overall, 42% of retail bank
        cfpb-extends-compliance-dates-for-small-business-lending-rule/
                                                                customers recall receiving financial advice from their bank. Among
        Supreme Court Overturns Legal                           customers under the age of 40, the average recall rate for financial
                                                                advice jumps to 60%.
        Test for Deferring to Agency                            The most frequent actions taken in response to advice include
        Interpretations                                         updating account settings (25%), shifting money between accounts
                                                                (22%) and downloading the bank’s mobile app (22%). Overall
        In a 6-3 decision, the U.S. Supreme Court overturned the   satisfaction with retail banking advice increases 163 points (on a
        longstanding “Chevron deference,” which instructs courts   1,000-point scale) when customers act based on specific advice
        to defer to a federal agency’s reasonable interpretation of an   provided by their bank, though many banks “miss the mark” on
        ambiguous statute. The majority ruled that courts must instead   consistent personalization, the study noted. One key variable with a
        rely on their independent judgment when deciding whether an   “significant effect” on satisfaction is “received personalized banking
        agency has acted within its statutory authority.        advice/guidance.” When this is met, overall satisfaction increases 195

        The 1984 Supreme Court decision Chevron v. Natural Resources   points and banks are moderately successful at achieving this goal
        Defense Council established a legal test for when courts should   with 63% receiving personalized content.
        consider deferring to federal agencies. However, in their decision   Read more: https://www.jdpower.com/business/financial-health-and-
        for Loper Bright Enterprises v. Raimondo, the majority of justices   advice-satisfaction-study





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