January 2022Transmittal 491
Effective: 1/1/2022
Banks and Banking
Bank Secrecy Act Regulations
The U.S. Department of the Treasury’s
Financial Crimes Enforcement Network (FinCEN) issued a final rule
to update its regulation to reflect amendments to the underlying statute
concerning the authority of FinCEN to issue orders imposing additional
reporting and recordkeeping requirements on financial institutions
and nonfinancial trades or businesses in a geographic area.
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The final rule
is effective November 15, 2021 (Department of the Treasury, Financial Crimes Enforcement Network), the same day
it was published in the Federal Register. Consumer
and Community Affairs
CFPB’s Regulation
B
In 2017, the Consumer Financial Protection
Bureau (CFPB) issued a final rule that amended Regulation B to permit
creditors additional flexibility in complying with Regulation B in
order to facilitate compliance with Regulation C, added certain model
forms and removed others from Regulation B, and made various other
amendments to Regulation B and its commentary to facilitate the collection
and retention of information about the ethnicity, sex, and race of
certain mortgage applicants.
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The final rule became effective
January 1, 2018, except for amendments to Appendix B to Part 1002
that become effective January 1, 2022 (Consumer Financial Protection
Bureau, Regulation B, Docket CFPB-2017-0009) and was published in the Federal Register on October 2, 2017. CFPB’s
Regulation C
The CFPB is amending Regulation
C to set the threshold for reporting data about open-end lines of
credit at 200 open-end lines of credit effective January 1, 2022,
upon the expiration of the current temporary threshold of 500 open-end
lines of credit.
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The final rule is effective January 1, 2022 (Consumer Financial
Protection Bureau, Regulation C, Docket CFPB-2019-0021) and was published in the Federal Register on May 12, 2020. Regulation M and CFPB’s Regulation
M
The Board and the CFPB finalized amendments
to the official interpretations and commentary for the agencies’
regulations that implement the Consumer Leasing Act (CLA).
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The Dodd-Frank
Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) amended
the CLA by requiring that the dollar threshold for exempt consumer
leases be adjusted annually by the annual percentage increase in the
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).
If there is no annual percentage increase in the CPI-W, the Board
and the CFPB will not adjust this exemption threshold from the prior
year. However, in years following a year in which the exemption threshold
was not adjusted, the threshold is calculated by applying the annual
percentage change in the CPI-W to the dollar amount that would have
resulted, after rounding, if the decreases and any subsequent increases
in the CPI-W had been taken into account. Based on the annual percentage
increase in the CPI-W as of June 1, 2021, the exemption threshold
will increase from $58,300 to $61,000. The final rule is effective
January 1, 2022 (Regulation MRegulation M and Consumer Financial Protection Bureau, Regulation M, Docket R-1756) and was published in the Federal Register on November 30, 2021. Regulation Z and CFPB’s
Regulation Z
The Board, the CFPB, and the Office
of the Comptroller of the Currency (OCC) finalized amendments to the
official interpretations for their regulations that implement section
129H of the Truth in Lending Act (TILA).
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Section 129H of TILA establishes
special appraisal requirements for “higher-risk mortgages,”
termed “higher-priced mortgage loans” or HPMLs in the
agencies’ regulations. The Board, the CFPB, the Federal Deposit
Insurance Corporation, the Federal Housing Finance Agency, the National
Credit Union Administration, and the OCC jointly issued final rules
implementing these requirements, effective January 18, 2014. The agencies’
rules exempted, among other loan types, transactions of $25,000 or
less, and required that this loan amount be adjusted annually based
on any annual percentage increase in the CPI-W. If there is no annual
percentage increase in the CPI-W, the Board, the CFPB, and the OCC
will not adjust this exemption threshold from the prior year. However,
in years following a year in which the exemption threshold was not
adjusted, the threshold is calculated by applying the annual percentage
increase in the CPI-W to the dollar amount that would have resulted,
after rounding, if the decreases and any subsequent increases in the
CPI-W had been taken into account. Based on the CPI-W in effect as
of June 1, 2021, the exemption threshold will increase from $27,200
to $28,500. The final rule is effective January 1, 2022 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1758) and was published in the Federal Register on November 30, 2021.
The Board and the CFPB are amending the official interpretations
and commentary for the agencies’ regulations that implement
TILA. The Dodd-Frank Act amended TILA by requiring that the dollar
threshold for exempt consumer credit transactions be adjusted annually
by the annual percentage increase in the CPI-W.
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If there is no annual percentage
increase in the CPI-W, the Board and the CFPB will not adjust this
exemption threshold from the prior year. However, in years following
a year in which the exemption threshold was not adjusted, the threshold
is calculated by applying the annual percentage change in the CPI-W
to the dollar amount that would have resulted, after rounding, if
the decreases and any subsequent increases in the CPI-W had been taken
into account. Based on the annual percentage increase in the CPI-W
as of June 1, 2021, the exemption threshold will increase from $58,300
to $61,000. The final rule is effective January 1, 2022 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1757) and was published in the Federal Register on November 30, 2021. CFPB’s
Regulation Z
The CFPB issued a final rule
amending Regulation Z, which implements TILA.
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The CFPB is required to calculate
annually the dollar amounts for several provisions in Regulation Z;
this final rule revises, as applicable, the dollar amounts for provisions
implementing TILA and amendments to TILA, including under the Credit
Card Accountability Responsibility and Disclosure Act of 2009 (CARD
Act), the Home Ownership and Equity Protection Act of 1994 (HOEPA),
and the Dodd-Frank Act. The CFPB is adjusting these amounts, where
appropriate, based on the annual percentage change reflected in the
Consumer Price Index (CPI) in effect on June 1, 2021. The final rule
is effective January 1, 2022 (Consumer Financial Protection Bureau, Regulation Z) and was published in the Federal Register on November 2,
2021. CFPB’s Regulation V
The CFPB is amending Regulation V, which implements the Fair Credit
Reporting Act (FCRA). The CFPB is required to calculate annually the
dollar amount of the maximum allowable charge for disclosures by a
consumer reporting agency to a consumer pursuant to section 609 of
the FCRA (15 U.S.C. 1681g); this final rule establishes the maximum
allowable charge for the 2022 calendar year.
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The final rule is effective
January 1, 2022 (Consumer Financial Protection Bureau, Regulation V) and was published in the Federal Register on November 29,
2021.