We want to start requiring both consumers and commercial customers have a deposit account with the bank as a part of granting any credit. Does this violate anti-tying regulations?

No - tying typical banking products does not violate the anti-tying provisions. From a fair lending aspect, if you have populations in a protected class that do not normally maintain deposit accounts, it might present some fair lending issues. This isn't all it is cracked-up to be. Many customer might open an account to get the loan and then unless your credit agreements specifically require the account to remain open, they will either close them or they will remian low balance accounts which actually ends up costing the bank money.

Then you have the waivers, which is another fair lending hurdle to cross. The loan officer swears that the customer is coming in next week, etc., etc.

Thank you. Just curious, in the event we required the deposit account and we had a consumer apply who does not have a deposit account, would we have adverse action to contend with or would it not apply because our product's terms require a deposit account?