Top Story Compliance Related

Yesterday, the CFPB announced it has filed a proposed stipulated final judgment and order against the student loan servicer Navient for years of failures and lawbreaking. If entered by the court, the proposed order would permanently ban the company from servicing federal Direct Loans and would forbid the company from directly servicing or acquiring most loans under the Federal Family Education Loan Program . These bans would largely remove Navient from a market where it, among other illegal actions, steered numerous student loan borrowers into costly repayment options. Navient also illegally deprived student borrowers of opportunities to enroll in more affordable income-driven repayment plans and forced them to pay much more than they should have. Under the terms of the order, Navient would have to pay a $20 million penalty and provide $100 million in redress for harmed borrowers.

The CFPB’s investigation of Navient kicked off a series of efforts by state and federal agencies to examine forbearance steering and other breakdowns in the income-driven repayment program. Those efforts have resulted in more than $50 billion in debt relief for more than 1 million borrowers who were wrongly steered into forbearance, as well as those who had payments miscounted. Yesterday’s order complements actions already taken by the Department of Education and state attorneys general to provide redress to borrowers harmed by Navient.

According to the CFPB’s press release, Navient is a repeat offender with a long history of regulatory violations. After a referral from the CFPB, in 2014, the Department of Justice and the Federal Deposit Insurance Corporation ordered Navient and its predecessor, Sallie Mae, to pay almost $100 million for illegally overcharging nearly 78,000 servicemembers. In 2021, the Department of Education ordered Navient to return more than $22 million in overcharges. In 2022, 39 state attorneys general announced a $1.85 billion settlement with Navient for originating predatory student loans in addition to its forbearance steering practices.

In 2021, Navient’s contract with the Department of Education to service Direct Loans finally ended. Navient announced in early 2024 that it intended to transfer the servicing of its remaining loans to another servicer.

The OCC has announced it has entered into a Formal Agreement with Wells Fargo Bank, N.A.

The Formal Agreement identifies deficiencies relating to the bank’s financial crimes risk management practices and anti-money laundering internal controls in several areas including suspicious activity and currency transaction reporting, customer due diligence, and the bank’s customer identification and beneficial ownership programs.

The agreement requires the bank to take comprehensive corrective actions to enhance its Bank Secrecy Act/anti-money laundering and U.S. sanctions compliance programs.

The Treasury Department has reported that OFAC has sanctioned Cambodian businessman Ly Yong Phat, his conglomerate L.Y.P. Group Co., and O‑Smach Resort for their role in serious human rights abuse related to the treatment of trafficked workers subjected to forced labor in online scam centers. OFAC also designated Cambodia-based Garden City Hotel, Koh Kong Resort, and Phnom Penh Hotel for being owned or controlled by Ly.

Treasury also announced that OFAC has designated 16 Maduro-aligned officials who obstructed a competitive and inclusive presidential election process in Venezuela and violated the civil and human rights of the people. The individuals sanctioned under the authority of Executive Order 13692 include leaders of the Maduro-aligned National Electoral Council and the Supreme Tribunal of Justice who impeded a transparent electoral process and the release of accurate election results, as well as the military, intelligence, and government officials responsible for intensifying repression through intimidation, indiscriminate detentions, and censorship.

For a link to the names and identification information of the designated parties, see yesterday's BankersOnline OFAC Update, which also includes information on a new Global Magnitsky General License and new and amended FAQs.

The Federal Reserve Board has announced it has executed a written agreement among Fieldpoint Private Holdings, Inc., Fieldpoint Private Bank and Trust, both of Greenwich, Connecticut, the Federal Reserve Bank of New York, and the State of Connecticut Department of Banking, to address certain deficiencies at the holding company and the bank.

Topics listed in the agreement include Liquidity and Funds Management, Strategic Plan and Budget, Capital Plan, and Capital Conservation.

The Treasury Department on Wednesday announced that OFAC has sanctioned three individuals, five companies, and two vessels that are involved in smuggling oil and liquefied petroleum gas (LPG) to generate revenue for Hizballah.

For identification information on the individuals, entities, and vessels designated by OFAC, and other OFAC actions yesterday, see yesterday's BankersOnline OFAC Update.

The Consumer Financial Protection Bureau on Wednesday announced it had ordered TD Bank, N.A. to pay $7.76 million in consumer redress to thousands of victims for its illegal actions regarding credit reporting. The Bureau said the bank for years repeatedly shared inaccurate, negative information about its customers to consumer reporting companies. The information included systemic errors about credit card delinquencies and bankruptcies. In addition to the redress, the CFPB is ordering TD Bank to pay a $20 million civil money penalty.

Specifically, the CFPB said TD Bank harmed consumers by—

• Failing to fix its credit card reporting errors
• Sharing fraudulent information with consumer reporting companies after the bank identified hundreds of thousands of deposit account openings that were either confirmed or suspected to be fraudulent
• Failing to investigate and resolve consumer disputes

For additional information and the details of the Bureau's consent order, click HERE.

The Treasury Department yesterday announced that OFAC has sanctioned nine Mexican nationals and 26 Mexico-based entities linked to a fuel theft network that generates tens of millions of dollars benefiting the Cartel Jalisco Nueva Generacion (CJNG), a violent Mexico-based drug trafficking organization responsible for a significant proportion of fentanyl and other deadly drugs trafficked into the United States. Mexico-based drug trafficking cartels such as CJNG have turned to fuel theft in recent years, resulting in billions of dollars in lost revenue to the Mexican government. Today’s action was coordinated closely with the Drug Enforcement Administration and the Government of Mexico, including La Unidad de Inteligencia Financiera (UIF), Mexico’s Financial Intelligence Unit.

OFAC also designated ten individuals and six entities based in Iran and Russia and identified four vessels as blocked property that are enabling Iran’s delivery of weapons components and weapons systems, including unmanned aerial vehicles (UAVs) and close-range ballistic missiles (CRBMs), to Russia.

For identification information on the individuals, entities, and vessels designated or identified yesterday, see BankersOnline’s September 10, 2024, OFAC Update.

Yesterday, Federal Reserve Board Vice Chair for Supervision Michael S. Barr spoke on The Next Steps on Capital at the Brookings Institution in Washington. Governor Barr agreed that it is critical that banks have the capacity to continue lending to households and businesses through times of stress, and that bank capital rules help to ensure that banks are holding capital commensurate with the risks of their activities and the risks they pose to the U.S. financial system.

However, said Governor Barr, two current proposed rules that would modify risk-based capital requirements for big banks need broad and material changes to better balance the benefits and costs to increasing capital requirements. To that end, Governor Barr intends to recommend that the Board of Governors re-propose the Basel endgame and global systematically important banks surcharge rules to give the public the opportunity to fully review a number of changes to the original proposals and provide comments.

FinCEN has updated its Beneficial Ownership Information FAQs webpage, adding Reporting Company questions C.15 and C.16, and updating Reporting Company question C.14 and Initial Report question G.4.

The Federal Communications Commission has published [89 FR 73321] a proposed rule with steps to protect consumers from the abuse of Artificial Intelligence (AI) in robocalls alongside actions that clear the path for positive uses of AI, including its use to improve access to the telephone network for people with disabilities.

Specifically, the proposal would define AI-generated calls, adopt new rules that would require callers disclose to consumers when they receive an AI-generated call, adopt protections for consumers to ensure that callers adequately apprise them of their use of AI-generated calls when consumers affirmatively consent to receive such calls, and adopt protections to ensure that positive uses of AI that have already helped people with disabilities use the telephone network can thrive without threat of Telephone Consumer Protection Act (TCPA) liability. The document also seeks additional comment and information on developing technologies that can alert consumers to unwanted or illegal calls and texts, including AI-generated calls.

Comments on the proposal are due by October 10, 2024, and reply comments are due by October 25, 2024.