All posts by Daniel Nestel

Update: On June 8, the CFPB announced a sixty day extension of the public comment deadline. Comments are now due by September 12. On May 10, the Consumer Financial Protection Bureau (CFPB) issued a Request for Information (RFI) seeking to learn more about the small business lending market.  If you are scratching your head as to why the CFPB is delving into small business lending, you are not alone. The CFPB was created to regulate those engaged in offering or providing consumer financial products or services.  Yet tucked into the massive Dodd-Frank Act is a small provision, section 1071, which requires the CFPB to issue rules regarding the collection of data to help identify needs and opportunities in the small business lending market and to facilitate enforcement of fair lending laws. For many years, this provision has been a lower priority for the CFPB. However, with the issuance of many... [Read More]

In my 2017 regulatory predictions post last month, I concluded by saying that the new year would be very different for the financial services industry than 2016. This certainly didn’t take long to come to fruition. In the first two weeks of the new administration, President Trump took several steps aimed at slowing down as well as scaling back current and future regulations. Despite these aggressive actions, there remains a number of challenges related to the reach and impact of these directives. Regulatory Reform through Memorandum and Executive Orders Out of the gate, the Trump administration made good on its promise to curtail the pace of federal regulations. Assistant to the President and Chief of Staff Reince Priebus issued a memo on Inauguration Day that, in part, calls for the heads of executive departments and agencies to initiate a regulatory freeze until someone designated by the President has a chance... [Read More]

Last fall, I suspect that most regulatory compliance professionals in the U.S. consumer lending market anticipated 2017 would be more of the same. This meant a continued focus on implementation of recently adopted rules, while bracing for a wave of new regulations from the federal banking agencies. Everything changed on November 8. The unexpected election of Donald Trump resulted, in many cases, in a 180-degree course correction. The Trump administration, bolstered by the reelection of a Republican majority in both houses of Congress, has fostered a new environment that is expected to promote de-regulation. While I won’t ever be mistaken for Nostradamus, amidst this regulatory sea change, I feel (relatively) confident in sharing with you my top regulatory compliance predictions for 2017. A little-known law will have big impact on regulation. Haven’t heard of the Congressional Review Act (CRA)? You are not alone. This obscure statutory provision was adopted in... [Read More]

These days, cybersecurity is a hot-button issue in policy circles. Look no further than the US presidential debates, where our two candidates have highlighted the need to address hackers, security breaches and even foreign nations that may be using sophisticated cyber tactics to influence the outcome of the upcoming November elections. The pressure to get policies and systems in place to confront these threats is real. Some policy leaders, like those in New York, are not deferring to the federal government to take the lead. On September 13, the New York Department of Financial Services (NYDFS) proposed first-of-its-kind cybersecurity rules covering a wide range of banks, insurers and financial services companies under its jurisdiction. The issuance of the proposed regulations follows a series of industry surveys and discussions with its regulated entities over the course of several years that provided insights on their cybersecurity programs, related costs and future plans.... [Read More]

The potential of alternative data in consumer lending decisions continues to be a hot topic in Washington, D.C., with the latest evidence seen in developments related to the Community Reinvestment Act (CRA). When federal banking agencies recently revised their Q&As for CRA compliance, their focus on the use of alternative data caught my eye. This development is welcome news for those here at FICO and for our many existing and prospective customers. Adopted in 1977, the CRA is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. The Act requires federal banking agencies (the OCC, FDIC and Federal Reserve – “Agencies”) to conduct periodic reviews of each depository institution’s efforts in this area. CRA regulations provide various methods of evaluating bank performance, corresponding to differences in institutions’ asset sizes, structures and operations. After a thorough assessment... [Read More]

Recently, congressional staff requested a briefing from FICO on how our analytics are tackling the opioid epidemic – an issue that, despite pervasive gridlock in Congress, has become a priority for both Democrats and Republicans. Our experts welcomed the opportunity to share their experiences. We believe that the increased use of analytics can play a pivotal role in confronting this challenge. Opioids are a class of drugs that include heroin as well as pain medications such as codeine, oxycodone and morphine. In 2014, according to the Centers for Disease Control, more than 28,000 people died from opioids – a number greater than the deaths from traffic accidents that same year. And the opioid problem is getting worse, with increasingly more deaths involving fentanyl and other synthetic opioids. The House and Senate recently approved a bill addressing the opioid crisis by nearly unanimous votes. Though both parties wanted additional provisions, the... [Read More]

Have you got a handle on IFRS 9, CECL and BCBS 239? If not, and it all just sounds like regulatory alphabet soup, it’s time to familiarize yourself with these critical acronyms. All three requirements highlight the need for financial institutions to ensure the quality of their risk data. Aggregation and effective use of this data are becoming key to meeting new compliance challenges, not to mention an opportunity to derive additional business value. So what specifically are all these acronyms? Here’s a quick overview: IFRS 9 – IFRS 9 is a new international accounting standard that was adopted by the International Accounting Standards Board (IASB). In the aftermath of the financial crisis, the IASB believed that the accounting standards in use (specifically IAS 39) failed to highlight the losses that firms would face because they were based on past events. With the adoption of IFRS 9 beginning in 2018,... [Read More]

During this period of Congressional gridlock, much of the activity in Washington DC impacting the financial services industry remains focused on the development and implementation of new regulations. As FICO’s premiere client conference, FICO World 2016, heads to the nation’s capital at the end of next month, it is not surprising that regulatory compliance strategies and solutions will be a hot topic of discussion. This year’s compliance sessions complement an action-packed FICO World, which will showcase 80+ breakout sessions grouped into 12 subject matter tracks. The Regulatory Compliance track will feature an impressive list of industry experts sharing best practices that address a diverse range of high-priority regulatory challenges. Here’s a very brief overview of what we’ll cover: Stress testing is a key area of emphasis for regulators around the globe. A panel of experts will discuss how an institution’s stress testing activities should go beyond just meeting regulatory compliance... [Read More]

While many institutions have invested in financial education, there is an ongoing debate as to whether these efforts are effective. Critics argue that meaningful impacts are only realized when people change their behavior in ways that improve their overall credit health. It is this focus – changing consumer behavior – that was at the center of a recent panel discussion hosted by FICO. Late last month, we brought together a diverse group of stakeholders at the National Press Club in Washington DC to discuss successful efforts in financial education. Josh Sledge of the Center for Financial Services Innovation served as moderator. The panel included two participants in the FICO® Score Open Access program. Paul Wilmore, Managing Director for Consumer Markets at Barclaycard, highlighted the initial results from the program. With the implementation of the free FICO® Score program, Barclaycard witnessed increased engagement and lower account delinquencies for customers who opted... [Read More]