Kitty Ryan

August 02, 2024

Our comments include several questions about the 2023 final rule that our members continue to wrestle with as they work on implementation. The Bureau may have responded previously to some questions orally, but it must address these questions in writing, so that banks can move forward with certainty and so that all institutions have the same information.

July 11, 2024

In June 2024, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Consumer Financial Protection Bureau issued substantially similar final rules establishing quality control standards for automated valuation models used for mortgage lending (final rule).

July 02, 2024

ABA's summary of the CFPB's June 4, 2024 Circular 2024-03, Unlawful and Unenforceable Contract Terms and Conditions (the Circular).

June 03, 2024

In general, the Guidance may provide greater transparency into how HUD, and other regulators applying the Guidance, will view banks’ responsibility for addressing fair lending risk in digital marketing. However, the Guidance could have benefitted from a public comment period, so that banks and other stakeholders could raise questions about some of the statements in the Guidance.

March 25, 2024

We recommend that the Bureau withdraw the proposal. We also recommend that the Bureau amend its Policy Statement, responding to comments it received, and republish it for comment.

February 12, 2024

The ABA and its members urge the Bureau to rescind the Circular and to reissue it as proposed guidance, expressly inviting public comment on the issues identified above.

February 12, 2024

Because ABA and its members welcome guidance that complies with legal requirements while providing useful information and advice, we are offering industry feedback on certain recently published guidance documents.

August 21, 2023

ABA's paramount concern is that the proposal likely will over-burden – and therefore discourage - AVM use in mortgage origination.

August 11, 2023

On March 30, the Consumer Financial Protection Bureau (CFPB) released its final rule implementing section 1071 of the Dodd Frank Act.

June 30, 2023

ABA believes the policy statement should be substantially revised if it is to provide helpful and lasting guidance to regulators and the industry.

March 30, 2023

Although the proposal is aimed at nonbanks, ABA has three concerns with it. First, the Bureau cannot require banks to register, contrary to the press release's statement that the Bureau might consider doing so in the future. Our second concern is that the proposed rule could extend to bank holding companies and other nonbank affiliates of banks. Third, the Bureau must clarify in the final text of the regulation that nonbank affiliates of banks are exempt from the attestation and written statement requirements.

May 13, 2022

As the Bureau considers adding a quality control factor for fair lending, it should keep in mind that banks fully support fair lending laws and that their use of models to inform decision making is already heavily regulated.

February 01, 2021

The Bureau's statement is aimed at encouraging financial institutions to serve LEP consumers, to integrate them into the financial marketplace and thereby foster a more inclusive financial system. The Statement does not announce any new policies or guidance, however, it provides a helpful summary of previous Bureau research, policy and enforcement actions related to LEP consumers, organized under compliance principles and guidelines.

January 04, 2021

ABA summary of the CFPB's December 21, 2020 Advisory Opinion regarding special purpose credit programs under Regulation B, which implements the Equal Credit Opportunity Act.

December 14, 2020

We support the Bureau's consideration of the costs to small entities of compliance with section 1071. In this regard, we appreciate the Bureau's preliminary decision to consider a simple and clear definition of a small business based on gross annual revenues, to cover only lending to small businesses, and to allow financial institutions to rely on information provided by applicants. These aspects of the outline help address our members' concerns about the burden of compliance with a section 1071 rule.

December 01, 2020

We fully support the Bureau's goal with the RFI - to identify opportunities to prevent credit discrimination, encourage responsible innovation, promote fair, equitable and nondiscriminatory access to credit, address potential regulatory uncertainty, and develop solutions to regulatory compliance challenges under the ECOA and Regulation B.

November 13, 2020

On November 3, 2020, Californians approved changes to the 2018 California Consumer Privacy Act (CCPA) through a ballot Initiative known as the California Privacy Rights Act (CPRA). The CPRA provides new rights relating to personal information (PI). With the new rights come new disclosure obligations for businesses subject to the CCPA.

September 29, 2020

On September 15, 2020, the CFPB released an outline of its proposal to implement section 1071 of the Dodd Frank Act, which requires financial institutions to collect and report data on lending to small businesses, including minority-owned and women-owned small businesses. The CFPB will use the outline to elicit feedback from "small entity representatives" subject to the 1071 rules on the outline and on the Bureau's estimate of the one-time and ongoing costs of the 1071 data collection.

September 15, 2020

The final rule intends to align HUD's 2013 disparate impact rule to the Supreme Court's 2015 decision in Inclusive Communities. The ABA's comment letter encouraged this alignment. The final rule adopts the five elements of a disparate impact claim that were in HUD's proposal, with some minor modifications, and clarifies the plaintiff's obligations at the pleading stage and at subsequent stages of a case.

August 18, 2020