Legal Briefs

Please help us to help you (Part 2) Oklahoma Mini-TCPA Tit. 47 O.S. § 1110 (Perfection of Security Interest) Tit. 47 O.S. § 427A/§ 1105A (Electronic filing, etc., of Titles) – REVISED Changes in UCCC amounts effective 7/1/22 Please help us to help you (Part 2) by Andy Zavoina Last month, Pauli asked you to include certain information in your …

Please help us help you Lender credits on the TRID closing disclosure MLA and GAP Overdraft fees are not interest Please help us help you By Pauli D. Loeffler You may have missed the notice on the Oklahoma Bankers Association’s webpage regarding issues the OBA Legal and Compliance team is experiencing with emails sent to us. Regardless of the fact …

Nacha warranties and old unauthorized ACH debits P2P complaints Fair banking Nacha warranties and old unauthorized ACH debits By John S. Burnett Your bank just wrapped up its investigation of a consumer’s Regulation E claim involving a series of unauthorized ACH debits made by a gymnasium. Your customer, Sam, got a notice that the gym was being closed “temporarily” on …

The Beneficial Ownership Rule hasn’t gone away UDA(A)P is becoming all the rage! The Beneficial Ownership Rule hasn’t gone away By John S. Burnett The Corporate Transparency Act of 2021 (CTA) was enacted by Congress on January 1, 2021, as Title XIV of the William M. Thornberry National Defense Authorization Act for 2021, Public Law 116-283. It added a new …

Reg E FAQs – Part II Reg E FAQs – Part II By Andy Zavoina Last month I introduced you to the updated Reg E FAQ Guidance issued by the Consumer Financial Protection Bureau (CFPB). The FAQ is a Compliance Aid as defined by the CFPB. It is not a new rule, but guidance on compliance with an existing rule. …

The FDCPA Regulation—Part 2 The CFPB’s Reg E FAQ—Part 1 Don’t Ignore the FDCPA Regulation (Part 2) By John Burnett Part 1 of our update on the CFPB’s Regulation F (12 CFR Part 1006), “Fair Debt Collection Practices Act,” appears in our November 2021 Legal Briefs. False, deceptive, or misleading representations or means To remain compliant with section 1006.18 of …

2022 to-dos today New year, new rule—Computer-security incident notification Foreclosure forbearance reminder [Editor’s note: Due to the timeliness of this months articles, Part 2 of last month’s article on the new Fair Debt Collection Practice Act regulation will appear in our January 2022 Legal Briefs.] _________________________________ 2022 to-dos today By Andy Zavoina It is hard to believe that we are …

Don’t ignore the FDCPA regulation coming November 30 (Part 1) New Stuff on Legal Links Don’t ignore the FDCPA regulations By John S. Burnett The Consumer Financial Protection Bureau’s revisions to Regulation F become effective on November 30, 2021, less than a month from now. While on their face the rules in Reg F will apply to debt collectors who …

Regulatory priorities Consumer complaints 2021 OK legislation—Part III OK Banking Code Judgment liens Motor Vehicles OK Tax Code OK POA Act—Part II Uniform Consumer Credit Code (“U3C”) § 3-508A Uniform Interstate Depositions and Discovery Act of 2021   Regulatory Priorities By Andy Zavoina You spend your days preparing for meetings, going to meetings, auditing your bank for various compliance topics, …

Reg Z’s business day definitions Advance Child Tax Credits and closed accounts 2021 Oklahoma legislation—Part I Reg Z’s business day definitions By John S. Burnett Why Juneteenth caught lenders unprepared Congress clearly doesn’t know (or care?) that two days’ notice isn’t enough to give lenders when they pass legislation creating a new federal legal public holiday. The kerfuffle that erupted …