In an important September 22 decision, the U.S. District Court for the Northern District of Illinois expanded its prior rulings concerning the Illinois Interchange Fee Prohibition Act (“IFPA”) to federal credit unions. The court granted the Illinois Bankers Association’s motion for partial reconsideration and held that the IFPA’s limitation on interchange fees (Interchange Fee Limitation) charged on the tax and gratuities portions of payment card transactions is preempted under the Federal Credit Union Act (FCUA) as applied to federal credit unions.… Continue Reading
Banking Agencies Propose More Prescriptive Third-Party Risk Management Framework
By Alan S. Kaplinsky & Ronald K. Vaske on
Proposed guidance would require specific elements in bank policies and programs and could give added significance to FDIC’s proposed industry standard-setting organization
Executive Summary
The federal banking agencies have proposed new third-party risk management guidance that is more prescriptive than its emphasis on a “risk-based” approach might suggest. In addition to calling for risk-based oversight, the proposal identifies specific elements that banks should address in board-approved policies and throughout the life cycle of third-party relationships, including due diligence, contracting, ongoing monitoring, documentation, remediation, and termination.… Continue Reading
FinCEN Clarifies That Banks May Discuss Fraud and Account Closures Without Disclosing SARs
FinCEN and the federal banking agencies have clarified that Suspicious Activity Report (SAR) confidentiality does not prevent banks from communicating with customers about the underlying transactions or conduct that prompted concern, including explaining certain fraud-related restrictions or account closures.
The September 2 joint statement from FinCEN, the Federal Reserve, FDIC, NCUA and OCC does not change the Bank Secrecy Act or impose new supervisory requirements.… Continue Reading
Crews sworn in as member of NCUA board; designated Chairman
Posted in NCUA, Trump Administration
John Crews has been sworn in as a member of the NCUA board and has been designated by President Trump as its Chairman.
Crews, who has worked for Trump and Republicans on Capitol Hill, currently is the sole member of the three-member NCUA board. Crews replaces Kyle Hauptman
“I appreciate the trust and support that the President has placed in me, and the U.S.… Continue Reading
Crews confirmed as member of NCUA board
By Ballard CFS Group on
Posted in NCUA, Trump Administration
The Senate has confirmed John Crews to serve on the NCUA board. Crews will replace Kyle Hauptman as the sole board member of the agency and is expected to become chairman.
Hauptman’s term expired in August 2025, but he stayed on the board as permitted by section 102(c) of the Federal Credit Union Act, which allows any board member to continue to serve after the expiration of their term until a successor has qualified.… Continue Reading
Federal Banking Agencies Issue Joint Guidance on Lending to Individuals Not Legally Authorized to Work in the United States
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
NCUA Issues Interim Final Rule Clarifying Federal Credit Union Authority to Charge Non-Interest Fees and Preempt State Regulation
By Alan S. Kaplinsky & Kaley Schafer on
Posted in NCUA, State Regulation
On June 8, 2026, the National Credit Union Administration (NCUA) announced the adoption of an Interim Final Rule clarifying the authority of federal credit unions (FCUs) to impose non-interest charges and fees, including interchange fees associated with payment card transactions. The rule, which becomes effective on June 30, 2026, reinforces NCUA’s position that federal law exclusively governs FCUs’ authority to assess such fees and that state laws purporting to regulate those fees are preempted.… Continue Reading
Banking agencies update interagency documents to remove reputational risk references
By Ballard CFS Group on
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
Trump nominates John Crews to serve on NCUA board
Posted in NCUA, Trump Administration
President Donald Trump has nominated John Crews to serve on the NCUA board. If confirmed, Crews would replace Kyle Hauptman as the sole board member of the agency.
Hauptman’s term expired in August 2025, but he has stayed on the board as permitted by section 102(c) of the Federal Credit Union Act, which allows any board member to continue to serve after the expiration of their term until a successor has qualified.… Continue Reading
Fed requests comment on plan to remove reputation risk from supervision of banks
By Ballard CFS Group on
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