Proposed Regulations

On June 9, 2023, the Federal Communications Commission (FCC) released a notice of proposed rulemaking (NPRM) regarding rules and regulations implementing the Telephone Consumer Protection Act of 1991 (TCPA).

On May 25, 2023, the National Credit Union Administration (NCUA) Board approved a proposed rule on charitable donation accounts (CDAs). The proposal would expand the NCUA’s definition of “qualified charity” to include veterans’ organizations as defined by section 501(c)(19) of the Internal Revenue Code.

On June 1, 2023, the National Credit Union Administration (NCUA), along with other federal banking and housing agencies (collectively the Agencies), issued a joint notice of proposed rulemaking (NPRM) to implement the quality control standards mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) for the use of automated valuation models (AVMs) by mortgage originators and secondary market issuers in determining the collateral worth of a mortgage secured by a consumer’s principal dwelling.

On May 2, 2023, the National Automated Clearinghouse Association (NACHA) published a request for information (RFI) seeking information and perspectives on automated clearinghouse (ACH) risk management topics and the NACHA operating rules. These include ACH Network Credit Return Threshold, “Third-Party Receivers,” Risk-based approach to early funds availability, and Notification of Change (NOC) for SEC Code/Account Type mismatch.

On May 15, 2023, the Federal Housing Finance Agency (FHFA) published a request for input (RFI) on Fannie Mae’s and Freddie Mac’s (collectively, the government-sponsored enterprises or GSEs) Single-Family Mortgage Pricing Framework.

On May 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a notice of proposed rulemaking (NPRM) seeking to prescribe ability-to-repay rules for Property Assessed Clean Energy (PACE) financing and to apply the civil liability provisions of the Truth in Lending Act (TILA) for violations. Specifically, the Bureau proposes to implement Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) section 307 and to amend Regulation Z to address how TILA applies to PACE transactions to account for the unique nature of PACE.

On April 25, 2023, the National Credit Union Administration (NCUA) published a request for information (RFI) seeking public input on current and future climate and natural disaster risks to federally insured credit unions (FICUs), related entities, their members, and the National Credit Union Share Insurance Fund (SIF). The NCUA also seeks input of any interested parties on the development of potential future guidance, regulation, reporting requirements, and/or supervisory approaches for FICUs’ management of climate-related financial risks.

On March 16, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a request for information (RFI) soliciting public feedback on the economic impact of Regulation Z’s Mortgage Loan Originator Rules (Loan Originator Rules).

On March 21, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a request for information (RFI) soliciting public feedback on the business practices of data brokers and other entities collecting and selling consumer information.

On February 16, 2023, the National Credit Union Administration (NCUA) released a proposed rule seeking comment on proposed amendments to the NCUA’s chartering and field of membership (FOM) regulations.

On February 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a notice of proposed rulemaking to amend Regulation Z to ensure fees charged on credit card accounts are “reasonable and proportional” to the late payment as required under the Truth in Lending Act (TILA).

On February 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposal to require supervised nonbanks to register each year in a system established by the CFPB information about their use of certain terms and conditions in form contracts for consumer financial products and services that pose risks to consumers.

On January 27, 2023, the Consumer Financial Protection Bureau (CFPB) published a request for information (RFI) to solicit information from the public about a number of aspects of the consumer credit card market in accordance with Section 502(a) of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).

On December 16, 2022, the Financial Crimes Enforcement Network (FinCEN) published a notice of proposed rulemaking (NPRM) promulgating proposed regulations regarding access by authorized recipients to beneficial ownership information (BOI) that will be reported to FinCEN.

On December 15, 2022, the National Credit Union Administration (NCUA) released a proposed rule seeking comment on proposed amendments to the NCUA’s loan participation and eligible obligation regulations.

On November 7, 2022, the Small Business Administration (SBA) published a notice of proposed rulemaking to lift the moratorium on licensing new Small Business Lending Companies (SBLCs) and add a new type of entity called a Mission-Based SBLC. SBA is also proposing to remove the requirement for a Loan Authorization.

On October 26, 2022, the Small Business Administration (SBA) published a notice of proposed rulemaking to amend various regulations governing SBA's 7(a) Loan Program and 504 Loan Program, including use of proceeds for partial changes of ownership, lending criteria, loan conditions, reconsiderations, and affiliation standards, to expand access to capital for small businesses and drive economic recovery.

On October 5, 2022, the National Credit Union Administration (NCUA) published a proposal to amend its rules governing subordinated debt and grandfathered secondary capital (GSC) to accommodate a longer maximum maturity.

On September 22, 2022, the National Credit Union Administration (NCUA) issued a notice of proposed rulemaking to develop a policy by which a federal credit union (FCU) member may be expelled for cause by a two-thirds vote of a quorum of the FCU’s board of directors.

On August 22, 2022, the Federal Trade Commission (FTC) published an advance notice of proposed rulemaking (ANPR) to seek comment on the prevalence of commercial surveillance and data security acts and practices that harm consumers.

On August 2, 2022, the National Credit Union Administration (NCUA), along with the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC), proposed and requested comment on a joint agency Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts (the proposed policy statement).