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Consumer Compliance Outlook's first issue for 2024 casts a Compliance Spotlight on resources to combat increased check fraud. The article describes resources from the Federal Reserve System, FinCEN, the U.S. Postal Inspection Service, the ABA, and check service providers.

The Federal Reserve Board has announced the execution of:

• a cease and desist order issued with the consent of Mode Eleven Bancorp, the holding company of Summit National Bank, both located in Hulett, Wyoming, related to Bancorp's previous strategy focused on providing banking-related services to financial technology companies through certain nonbank subsidiaries
• a written agreement with Steele Bancshares, Inc., Tyler, Texas, and American State Bank, Arp, Texas, related to identified safety and soundness deficiencies at the bank.

The Treasury Department yesterday reported that OFAC has taken additional action against Iranian military revenue generation, targeting Oceanlink Maritime DMCC for facilitating the shipment of Iranian commodities on behalf of Iran’s Armed Forces General Staff and Ministry of Defense and Armed Forces Logistics. OFAC also identified 13 vessels managed by Oceanlink Maritime DMCC as blocked property.

For identification information on the designated company and vessels, see BankersOnline's April 4, 2024, OFAC Update.

The OCC has reported that Acting Comptroller of the Currency yesterday discussed the importance of fairness in remarks given at the National Community Reinvestment Coalition Just Economy Conference 2024.

Mr. Hsu highlighted bank progress in overdraft protection program reforms since the OCC issued guidance last April and provided an update on Project REACh accomplishments regarding credit invisibles, minority depository institutions and affordable housing. Additionally, he discussed the importance of ensuring fairness as it relates to artificial intelligence and fraud.

The OCC has announced its support of National Financial Capability Month in April, and encouraged national banks and federal savings associations to support this annual commemoration by recommitting their focus on improving the financial capability and financial health of their customers.

Banks and FSAs can promote financial capability through high-quality financial literacy education, as well as through improved access to financial services for all consumers, especially those who are underserved.

The OCC is dedicated to making resources available to help banks deliver top-tier financial literacy education and services. The OCC’s Community Affairs office issues publications and provides resources to banks on financial capability and financial literacy topics including the recently updated Community Developments Fact Sheet on Financial Capability, the quarterly Financial Literacy Update and the Financial Literacy Resource Directory.

The NCUA has announced it issued two prohibition notices and one consent order in March 2024, permanently prohibiting individuals from participating in the affairs of any federally insured depository institution.

• Sarah C. Conley, a former employee of Summit Federal Credit Union, Rochester, New York, received a notice of prohibition, having been convicted of grand larceny in connection with illegal activities at the credit union
• Carlene Bartley, formerly employed by Municipal Credit Union, New York, New York, was issued a notice of prohibition, having pleaded guilty to, and having been convicted on, charges of grand larceny
• Esther A. Olson, a former assistant branch manager of Educational Employees Credit Union, Fresno, California, received a consent order of prohibition, after a finding that she had embezzled funds from member accounts, including the withdrawal of over $60,000 from four different members' share accounts

The FDIC has updated the following sections of its Consumer Compliance Examination Manual (CEM):

• Communicating Findings (II-6.1): Updated to clarify when the self-identification of violations is considered a strength of a bank’s Compliance Management System
• Expedited Funds Availability Act (VI-1.1): Updated with technical changes related to regulatory dollar-amount thresholds and large deposit hold times
• FTC Rule - Preservation of Claims and Defenses (VII-2.1): Removed an invalid exception in a chart

The CFPB has released its 2023 Consumer Response Annual Report. The report indicates that during 2023, the Bureau sent more than 1.3 million complaints to over 3,400 companies for review and response.

The report shows a continued increase in credit or consumer reporting complaints, with more than one million of them sent to the three nationwide consumer reporting companies — Equifax, Experian, and TransUnion.

Consumers also raised issues about fraudulent activity in nearly every product category, including credit or consumer reporting, debt collection, checking or savings accounts, and credit cards.

The FDIC has released a list of enforcement actions it took in February 2024.

• Guaranty Bank and Trust Company, Belzoni, Mississippi, was assessed an $80,500 civil money penalty for a pattern or practice of flood insurance-related violations
• Robert Christopher Rodgers, former president of The Citizens Bank, Hickman, Kentucky, received a Removal/Prohibition Order with assessment of a $7,000 civil money penalty after a finding that he exceeded his lending authority by originating unsecured loans and approving overdrafts for a customer of the bank; continuing to approve overdrafts despite the customer's failure to pay loans and existing overdrafts, and failing to inform the bank's board of the extent of the overdrafts, resulting in a loss to the bank of over $800,000.
• Rhenae K. Risher, a former employee of Bank of Morton, Morton, Mississippi, was issued a Removal/Prohibition order after a finding that she manipulated the bank's general ledger accounts to cash and pay checks of her son's trucking company to avoid overdrawing his business checking account, causing a loss to the bank of over $255,000.

The FDIC yesterday issued FIL-16-2024 to publish its Spring 2024 issue of Consumer Compliance Supervisory Highlights to provide an overview of consumer compliance issues identified through the FDIC’s supervision of state non-member banks and thrifts in 2023. It includes:

• A description of the most frequently cited violations and other consumer compliance examination observations;
• Information on regulatory developments;
• A summary of consumer compliance resources and information available to financial institutions; and
• An overview of consumer complaint trends.

The most frequently cited violations (representing approximately 74 percent of the total violations cited in 2023) involved:

• the Truth in Lending Act (TILA) and Regulation Z;
• the Flood Disaster Protection Act (FDPA) and Part 339;
• the Electronic Fund Transfers Act (EFTA) and Regulation E;
• the Truth in Savings Act (TISA) and Regulation DD; and
• Section 5 of the Federal Trade Commission Act.

While this list contains the same laws and regulations from the 2022 Highlights, Section 5 of the FTC Act violations dropped from the second most frequently cited violation to the fifth most frequently cited violation.