ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

ABA Regulatory Compliance Inbox: What is the requirement to provide credit score exception notices?

And: Questions on real-time payments and investigating multiple disputed debit card transactions.

June 18, 2024
Reading Time: 4 mins read
ABA Regulatory Policy and Compliance Inbox: Must banks disclose all co-branding relationships?

By Leslie Callaway, CRCM, CAFP, and Rhonda Castaneda, CRCM

Q/ My bank has an employee loan program for real estate secured loans. Although the bank uses risk-based pricing for real-estate secured loans offered to its non-employee customers, because employees get a special rate as an employee benefit, the bank does not utilize risk-based pricing. Is the bank required to provide the credit score exception notice since it does not use risk-based pricing for its employee loans?

A/ No. Under §1022.70(a)(ii) of Regulation V (which implements relevant section of FCRA, §640) a risk-based pricing notice or credit score exception notice is required only if the creditor uses a credit report (or credit score) to determine a material term, i.e., the APR, in most cases. Of course, for mortgage loans, a separate provision requires that mortgage applicants receive a credit score. (Answer provided November 2023.)

Q/ I have two questions regarding real time payments. First, for the sending bank, do the ACH payment rules apply? Second, are RTPs subject to OFAC screening?

A/ To answer the first question, no. The RTP network offered by the Clearing House is subject to its own RTP rules. The Federal Reserve’s FedNow Service will have its own rules. NACHA rules governing ACH payments do not apply to either.

To answer the second question: OFAC applies to all financial transactions conducted by the bank. The relevant OFAC excerpt from the rules is: “A participant must have a written OFAC compliance program reasonably designed to promote and monitor compliance with OFAC sanctions programs and regulations.”

Chances are good that banks have interdiction software that scrubs the bank’s customer database for “hits” on its own customers, but banks must still screen the recipients. (Answer provided November 2023.)

Q/ When investigating multiple disputed debit card transactions contained in a single dispute notice, the bank can sometimes conclude that some transactions are reimbursable (or not) while others in the notice are still under investigation. Does the requirement under §1005.11(c)(2)(iv) of Regulation E (Electronic Fund Transfer Act) that the bank report the results of its investigation within three business days after completing its investigation apply to each individual transaction, or may the bank wait until it completes its investigation of all of the items identified in the notice before reporting the results to the consumer?

A/ This is not clearly addressed in the regulation, but §1005.11 and its commentary, including the section regarding the requirement to report the results of an investigation, consistently refer to error in the singular — that is, “an error.” Accordingly, the prudent course of action is probably to notify the consumer as the bank makes its determination about each transaction, even if all claims have not yet been decided. (Answer provided November 2023.)

Q/ Federal Reserve Regulation O (12 CFR §215) requires that a majority of the board of directors approve loans to principal shareholders, directors and executive officers for loan amounts over a certain loan amount threshold. (§215.4(b)). This can delay the process when, for example, a director wishes to obtain a loan to purchase a new car and has to wait for the next board meeting. May a bank’s board of directors preapprove loans to covered persons up to a specified dollar amount?

A/ Yes. See the Federal Reserve Board’s Federal Reserve Regulatory Service Board Rulings and Staff Opinions Interpreting Regulation O, specifically section 3-1091: PRIOR APPROVAL-Blanket Resolution for Approving Loans. It states a blanket resolution passed by the board of directors approving loans satisfies the prior approval requirement “if the Board makes a good faith assessment of the creditworthiness of each person covered by the resolution and the credit limits are no greater than the person’s credit would warrant.” Therefore, if the board evaluates the creditworthiness of each person and the loan otherwise complies with applicable provisions such as lending limit, the board may “preapprove” such loans. (Answer provided August 2023.)

Q/ Flood regulations (12 CFR §§22, 208.25 and 339) require adequate flood insurance coverage when a bank makes a loan secured by a building or buildings located in a special flood hazard area (SFHA). The Interagency Questions and Answers Regarding Flood Insurance clarifies in Q&A Amount 6 that when more than one building securing a loan is located in a SFHA, then the amount of flood insurance required is to be allocated among the buildings “so long as each is covered in accordance with the statutory requirement.”

Is there a minimum amount of flood insurance required on a building? For example, if my bank makes a loan secured by two buildings located in a SFHA, may the borrower obtain as little as $1,000 in coverage on the second building?

A/ It depends. While the regulation and related guidance do not explicitly specify a minimum amount for a flood insurance policy, there may be other provisions that effectively create such a requirement. For example, the National Flood Insurance Program may have a minimum amount required to obtain a policy and typically offers policies with deductibles ranging from $1,000 to $50,000. However, Q&A Amount 9 indicates that borrowers may not use a deductible amount equal to the insurable value of the building to avoid the mandatory purchase requirement. Combined, this may mean that the flood policy be more than $1,000 on the second building to meet the regulatory requirements. (Answer provided August 2023.)

Answers are provided by ABA Regulatory Policy and Compliance team members Leslie T. Callaway, CRCM, CAFP, senior director, compliance outreach and development; and Rhonda Castaneda, CRCM, senior compliance analyst. Answers do not provide, nor are they substitutes for, professional legal advice.

Tags: Credit cardsFlood insurancePaymentsReal estate lending
ShareTweetPin

Related Posts

FinCEN, banking agencies release FAQs on digital credentials, customer ID

FinCEN, banking agencies release FAQs on digital credentials, customer ID

Compliance and Risk
September 8, 2026

Financial institutions may use a mobile driver’s license or other government-issued virtual ID as a form of documentary verification for purposes of customer identification program compliance, so long as they maintain the appropriate technology or systems to extract...

FinCEN issues alert on Iran, commercial aviation parts procurement

FinCEN issues alert on Iran, commercial aviation parts procurement

Compliance and Risk
September 8, 2026

FinCEN issued an alert for financial institutions on identifying and reporting procurement networks supporting Iran’s aviation industry. The alert was issued in conjunction with the announcement that the Treasury Department was imposing sanctions on 36 entities tied to...

FCC proposes ‘robocall scorecard’ to rate voice service providers

FCC proposes ‘robocall scorecard’ to rate voice service providers

Compliance and Risk
September 5, 2026

The FCC is seeking public comment on creating a “robocall scorecard” to measure how voice service providers are protecting consumers from illegal calls. In related news, the commission booted 14 providers from the U.S. telecommunications network.

ABA highlights banker comments seeking stronger ‘know your customer’ rules for originating providers

Consumers share experiences with AI-enabled scams

Compliance and Risk
September 4, 2026

More than two in five U.S. consumers said they have encountered a scam powered by artificial intelligence, either personally or through someone they know, according to a recent survey by Credit One Bank.

FinCEN identifies nearly $13B in suspected crypto investment scams

FinCEN identifies nearly $13B in suspected crypto investment scams

Compliance and Risk
September 3, 2026

Bank Secrecy Act reports flagged approximately $12.7 billion in suspected digital asset investment scam activity during a roughly two-year period beginning in 2023, showcasing the extent of the problem, according to a FinCEN analysis. The agency also published...

FCC grants ABA-requested extension of ‘revoke all’ rule’s effective date

State bankers associations support stronger FCC rules to combat illegal calls

Compliance and Risk
September 3, 2026

Fifty-two state bankers associations expressed strong support for the Federal Communications Commission’s proposals to ensure that all voice service providers in the path of a call take meaningful responsibility for keeping illegal calls off the U.S. calling network.

NEWSBYTES

FinCEN, banking agencies release FAQs on digital credentials, customer ID

September 8, 2026

New York Fed: Inflation expectations ticked down in August

September 8, 2026

ABA, associations urge FHA to provide clear language about eligibility for VA loan terms

September 8, 2026

SPONSORED CONTENT

Taming AI Agent Sprawl: A Playbook for Consumer Lending

Taming AI Agent Sprawl: A Playbook for Consumer Lending

September 1, 2026
Grow Public Deposits Without the Operational Burden End Fragment

Grow Public Deposits Without the Operational Burden End Fragment

September 1, 2026
Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

The exam question a backup can’t answer

August 18, 2026

PODCASTS

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 2026

Podcast: Why it might be time to revisit a key FDIC ratio

July 23, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.