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Agencies revise TCPA examination procedures
On November 2, the OCC published revisions to the interagency examination procedures for the Telephone Consumer Protection Act (TCPA), which are utilized by the FDIC, NCUA, and the OCC. The OCC also announced that it is rescinding the “‘Telephone Consumer Protection Act and Junk Fax Protection Act’ section of the ‘Other Consumer Protection Laws and Regulations’ booklet of the Comptroller’s Handbook” and explained that OCC examiners will rely on the new interagency procedures.
The revisions were made to reflect amendments to the TCPA that became effective on October 25, 2021. “The revised interagency examination procedures address:
- provisions governing how customers can revoke consent under the TCPA;
- special exemptions from the customer consent provisions of the TCPA for banks using automated communications to notify customers of potential account fraud; and
- safe harbors for callers that check a reassigned number database maintained by the Federal Communications Commission.”
The revised examination procedures booklet can be found here.
OCC updates asset management handbook
On June 22, the OCC issued version 1.0 of the Asset Management booklet of the Comptroller’s Handbook. The booklet rescinds the booklet of the same title, issued in December 2000. Among other things, the booklet: (i) clarifies OCC expectations for fiduciary audit requirements; (ii) provides for consistency in the OCC’s examination of bank fiduciary audit activities; (iii) adds language from 12 CFR 150 applying to federal savings associations; and (iv) defines a robust, well documented risk assessment to support the development of a meaningful audit plan and support fiduciary activities.
OCC’s new enforcement policy targets banks with “persistent weaknesses”
On May 25, the OCC announced revisions to its Policies and Procedures Manual (PPM) for bank enforcement actions. According to OCC Bulletin 2023-16, the recently revised version of PPM 5310-3 replaces and rescinds a version issued in November 2018 (covered by InfoBytes here), and now includes “Appendix C: Actions Against Banks With Persistent Weaknesses” to provide increased transparency and clarity on how the OCC determines whether a bank has persistent weaknesses and how the agency considers what actions may be needed to address these issues. The OCC explained that “persistent weaknesses” may include “composite or management component ratings that are 3 or worse, or three or more weak or insufficient quality of risk management assessments, for more than three years; failure by the bank to adopt, implement, and adhere to all the corrective actions required by a formal enforcement action in a timely manner; or multiple enforcement actions against the bank executed or outstanding during a three-year period.”
Possible actions taken against a bank that exhibits persistent weaknesses may include additional requirements and restrictions, such as requirements that a bank improve “composite or component ratings or quality of risk management assessments,” as well as restrictions on the bank’s growth, business activities, or payments of dividends. A bank may also be required “to take affirmative actions, including making or increasing investments targeted to aspects of its operations or acquiring or holding additional capital or liquidity.”
“Should a bank fail to correct its persistent weaknesses in response to prior enforcement actions or other measures . . . the OCC will consider further action to require the bank to remediate the weaknesses,” the agency said. “Such action could require the bank to simplify or reduce its operations, including that the bank reduce its asset size, divest subsidiaries or business lines, or exit from one or more markets of operation.” PPM 5310-3 also incorporates additional clarifications and updates legal and regulatory citations.
The same day, the OCC issued updates to its “Liquidity” booklet of the Comptroller’s Handbook used by examiners when assessing the quantity of a bank’s liquidity risk and the quality of its liquidity risk management. The booklet replaces an August 2021 version and reflects changes in regulations, makes clarifying edits, and addresses OCC issuances published since the last update.
OCC updates fair lending booklet of Comptroller’s Handbook
On January 12, the OCC released a revised version of the “Fair Lending” booklet of the Comptroller’s Handbook. The revised booklet replaces the prior booklet issued in January 2010. The revised booklet also rescinds related OCC Bulletin 2010-4, “Compliance Policy: Fair Lending – Revised Booklet.” The revised booklet includes new and clarified details and risk factors for a variety of examination scenarios, and updates references to supervisory guidance, sound risk management practices, and applicable legal standards, including changes to laws and regulations since the prior booklet was published, as well as the OCC's current approach to fair lending examinations.
OCC rescinds FDCPA section of booklet
On December 15, the OCC announced that the Federal Financial Institutions Examination Council’s Task Force on Consumer Compliance adopted revised examination procedures for the FDCPA and its implementing regulation, Regulation F. Among other things, the revised interagency examination procedures incorporate the CFPB's 2020 and 2021 FDCPA that went into effect in November 2021. The announcement noted that the agency is rescinding the “Fair Debt Collection Practices Act” section of the “Other Consumer Protection Laws and Regulations” booklet of the Comptroller's Handbook. The revised interagency examination procedures address, among other things: (i) determinations of whether a bank is a debt collector under the FDCPA and Regulation F; (ii) prohibitions on certain communications with consumers in connection with debt collection; and (iii) requirements for a reasonable and simple method that consumers can use to opt out of additional communications and attempts to communicate.
OCC updates commercial real estate lending booklet of Comptroller’s Handbook
On March 29, the OCC issued Bulletin 2022-7 version 2.0 of the “Commercial Real Estate Lending” booklet of the Comptroller's Handbook. The booklet rescinds version 1.1 of the booklet of the same title issued in January 2017 and Bulletin 2013-19, “Commercial Real Estate Lending: Comptroller's Handbook Revisions and Rescissions.” Among other things, the revised booklet: (i) indicates changes to laws and regulations since the booklet was last updated; (ii) reflects the agency’s issuances published and rescinded since the booklet was last updated; (iii) provides clarifying edits regarding supervisory guidance, sound risk management practices, and legal language; and (vi) resends certain content for clarifying purposes.
OCC updates Large Bank Supervision booklet
On March 8, the OCC updated the Large Bank Supervision booklet of the Comptroller’s Handbook, which is used by OCC examiners during the examination and supervision of midsize and large national banks and federal savings associations, foreign-owned U.S. branches and agencies, and international operations of midsize and large banks. The updated booklet rescinds the 2019 version and includes a revised core assessment, “which will be effective for core assessment summaries using financial information as of March 31, 2022.” Among other things, the revised booklet (i) clarifies expectations related to the preparation and documentation of a bank’s core assessment summary; (ii) combines core assessment and risk assessment system information into the “Core Assessment” section; (iii) updates core assessment factors and subfactors; (iv) clarifies the difference between an annual core assessment summary and quarterly supervision updates; (v) updates supervisory activity types to include “focused review,” consistent with OCC current practices; and (vi) includes additional consistency and clarity updates.
OCC updates OREO booklet
On December 20, the OCC issued Bulletin 2021-65 announcing the revision of the Other Real Estate Owned (OREO) booklet of the Comptroller’s Handbook, which applies to the OCC’s supervision of community banks. The updated booklet replaces the booklet of the same title issued in September 2020, and rescinded OCC Bulletin 2020-79, “Other Real Estate Owned: Updated Comptroller’s Handbook Booklet.” (Covered by InfoBytes here.) Among other clarifying changes, the updated booklet: (i) defines physical possession as it pertains to OREO properties; and (ii) updates ownership obligations and actions as they pertain to the Fair Housing Act.
OCC updates Retail Lending booklet
On October 28, the OCC issued Bulletin 2021-52 announcing the issuance of version 2.0 of the “Retail Lending” booklet of the Comptroller’s Handbook. The booklet rescinds OCC Bulletin 2017-15, “Retail Lending: New Comptroller's Handbook Booklet” (covered by InfoBytes here) and the “Retail Lending” booklet of the Comptroller’s Handbook, version 1.1. Among other things, the revised booklet: (i) reflects changes to laws and regulations since the last update of this booklet; (ii) reflects OCC issuances published and rescinded since the last update of this booklet; (iii) clarifies supervisory guidance, sound risk management practices, and legal language; and (iv) alters some content for clarity purposes.
OCC updates Payment Systems booklet
On October 21, the OCC issued Bulletin 2021-49 announcing the revision of the Payment Systems booklet of the Comptroller’s Handbook. The booklet rescinds the Payment Systems and Funds Transfer Activities booklet of the Comptroller’s Handbook (March 1990); the Office of Thrift Supervision Examination Handbook section 580, the Payments Systems Risk (January 1994); banking Circular 235, International Payments Systems Risks (May 10, 1989); and OCC Bulletin 1996-48, Stored Value Card Systems: Information for Bankers and Examiners (September 3, 1996). Among other things, the revised booklet: (i) provides information on payment systems, types of payments, risks associated with payment systems, and associated risk management practices; (ii) highlights the requirements of 12 CFR 7.1026 on payment systems memberships; and (iii) includes expanded examination procedures and “supplemental procedures for deeper review of certain payment activities.”