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The Federal Deposit Insurance Corporation (“FDIC”) filed an amicus brief supporting the motion for a preliminary injunction filed by the National Association of Industrial Bankers (“NAIB”), the Online Lenders Alliance (“OLA”), and the American Financial Services Association (“AFSA”) in their challenge to Oregon’s recently enacted opt-out law. The FDIC explains that it has a substantial institutional interest in the case because it administers and enforces the Federal Deposit Insurance Act, including Sections 521 and 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”), the statutory provisions at the center of the litigation.… Continue Reading

On July 15, 2026, former Federal Deposit Insurance Corporation (FDIC) Chairman Martin J. Gruenberg and former Consumer Financial Protection Bureau Director and FDIC Board Member Richard Cordray filed an amicus brief supporting Colorado in the en banc proceedings before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v.… Continue Reading

On July 13, 2026, the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), and National Credit Union Administration (NCUA) issued interagency guidance reminding the financial institutions they supervise of their existing safety and soundness obligations when extending credit to individuals who are not legally authorized to work in the United States.… Continue Reading

On June 4, 2026, the Federal Deposit Insurance Corporation (FDIC) filed an amicus brief in the en banc proceedings pending before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v. Weiser, strongly supporting the plaintiffs-appellees’ challenge to Colorado’s attempt to apply its usury laws to loans made by out-of-state, state-chartered banks.… Continue Reading

The Federal Reserve Board, FDIC and OCC have jointly updated interagency documents to delete references to reputational risk.

The agencies took this action to complement their earlier actions to end the use of reputational risk in supervision.

“As the agencies have previously noted, reputation risk can be misused by supervisors as a basis to encourage or pressure a bank to restrict individuals’ and legal businesses’ access to financial services due to their constitutionally protected political or religious beliefs, speech, or conduct or lawful business activities,” the agencies said, in a joint statement.… Continue Reading

On April 23, 2026, the Office of the Comptroller of the Currency (OCC), Federal Reserve Board, and Federal Deposit Insurance Corporation (FDIC) jointly issued a final rule revising the Community Bank Leverage Ratio (CBLR) framework. The rule, titled “Regulatory Capital Rule: Revisions to the Community Bank Leverage Ratio Framework,” will take effect on July 1, 2026.It… Continue Reading

The FDIC has issued FIL-14-2026 rescinding its guidance governing the re-presentment of the same transaction after raising questions about the Biden Administration’s prior guidance.

“Based on a review and assessment of the guidance in FIL-32-2023, the FDIC concludes that the guidance is overly broad in scope and has raised uncertainty regarding when, for instance, disclosures regarding re-presentments may result in ‘unfairness’ concerns under Section 5 of the Federal Trade Commission Act,” the FDIC said in announcing the rescission.… Continue Reading

The FDIC and the OCC have adopted a joint final rule that will prohibit the agencies from criticizing or taking adverse action against a financial institution based on reputation risk.  The rule is effective June 6.

The rule will also prohibit the agencies from “requiring, instructing, or encouraging an institution to close customer accounts or take other actions on the basis of a person or entity’s political, social, cultural, or religious views or beliefs, constitutionally protected speech, or solely on the basis of politically disfavored but lawful business activities perceived to present reputation risk,” according to a statement from the agencies.… Continue Reading

A bipartisan group of senators, led by Senate Banking, Housing and Urban Affairs ranking Democrat Sen. Elizabeth Warren of Massachusetts, has introduced legislation that would require the FDIC to claw back compensation from failed banks with assets of $10 billion or more.

“The bill would require the Federal Deposit Insurance Corporation (FDIC) to hold executives of large failed banks — like Silicon Valley Bank, which failed three years ago…— financially responsible for some of the costs those failures impose on the rest of the banking system and the economy,” Warren’s office said, in outlining the bill, S.… Continue Reading

The Federal Reserve is requesting comments on a proposal to remove reputation risk from the supervision of banks it oversees. Comments on the Fed proposal are due April 27, 2026.

“We have heard troubling cases of debanking—where supervisors use concerns about reputation risk to pressure financial institutions to debank customers because of their political views, religious beliefs, or involvement in disfavored but lawful businesses,” Vice Chair for Supervision Michelle W.… Continue Reading