Share

Compliance Specific News & Resources for GoWest Credit Unions
 ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌
Compliance Newsletter

COMPLIANCE HEADLINES

Consumer Financial Protection Bureau (CFPB) 



CFPB to distribute over $191 million to consumers harmed by Tempoe 


The CFPB ordered Tempoe to pay more than $191 million in refunds back to 250,000 consumers harmed by the leasing company. This decision came on the heels of Tempoe, LLC tricking customers into expensive leasing agreements by hiding contract terms and costs. Tempoe generated over $192 million in revenue from this unlawful practice. The CFPB ordered these funds to be returned back to customers as well as permanently banning Tempoe from offering consumer leases.  


Tempoe, LLC, was a nonbank consumer finance company that offered lease agreements nationwide. The company purchased personal property and services from retailers and then leased them to consumers. The CFPB found that Tempoe did the following: 

  • Concealed the terms of its lease agreements 

  • Trapped consumers with unreasonable return practices 

  • Failed to provide legally required disclosures 


Funds from this judgement have begun to be mailed out.  



CFPB Takes Action to Curb Unchecked Worker Surveillance 


The CFPB has issued guidance to protect workers from unchecked digital tracking and opaque decision-making systems.  Companies using third-party consumer reports including background dossiers and surveillance-based, “black box” AI or algorithmic scores about their workers, must follow Fair Credit Reporting Act (FCRA) rules.  


This means employers must obtain consent, provide transparency about data used in adverse decisions, and allow employees to dispute inaccurate information.  


CFPB Director Rohit Chopra stated, “Workers shouldn’t be subject to unchecked surveillance or have their careers determined by opaque third-party reports without basic protections.”  


The CFPB addresses the use of third-party consumer reports by employers to make employment decisions about their workers. The reports are currently used to: 

  • Predict worker behavior 

  • Reassigning workers 

  • Issue warnings or other disciplinary actions 

  • Evaluate social media activity  


The FCRA protections are essential in an era where worker data is increasingly commodified and used to make critical employment decisions. By enforcing these rights, the CFPB aims to ensure workers are protected from abuse and have control over their personal data. To ensure responsible use of worker data, the CFPB plans to work with other federal agencies and state regulators on the matter. 



CFPB Orders VyStar Credit Union to Pay $1.5 Million for Illegally Stranding Consumers from Accessing Their Money and Accounts 


The CFPB took action against VyStar Credit Union for harming consumers through a botched online banking system rollout. In May 2022, Vystar introduced a new but dysfunctional online banking platform that made it difficult for credit union members to perform basic banking functions for weeks. Due to this inconvenience, members incurred fees and costs associated. The CFPB is now ordering Vystar to pay $1.5 million in civil penalties to the CFPB’s victims relief fund.  


VyStar, a Florida-based state-chartered credit union, anticipated banking services being inaccessible for a few days; however, upon launch, the system crashed immediately. VyStar is being accused of launching the system prematurely and failing to establish or follow critical processes to ensure its success.  


Per CFPB Director Chopra, “VyStar’s careless errors inflicted financial harm on their members.” NCUA Chairman Todd Harper said, “Credit Unions must prioritize their members, yet VyStar’s due diligence fell far short of what was required for completing a successful conversion of the credit union’s mobile and online banking platforms”.  


The CFPB found that VyStar violated the Consumer Financial Protection Act by: 

  • Depriving consumers access to money and accounts 

  • Rushing a new platform online without appropriate testing.  


As a result, the CFPB is requiring VyStar to: 

  • Refund fees to affected consumers 

  • Clean up its broken process for updating its system 

  • Pay the $1.5 million fine 



CFPB and CMS Take Action to Stop Improper Billing of Lowest-Income Medicare Recipients 


The CFPB and Centers for Medicare and Medicaid Services (CMS) issued a joint statement to protect people on Medicare living at or below the poverty line from improper medical bills. These people in the Qualified Medicare Beneficiary group represent about one in eight Medicare recipients nationwide. Federal law generally prohibits healthcare providers who accept Medicare from billing these people  referred to as “QMBs”  for cost-sharing, such as co-pays or deductibles. 


The agencies' joint statement emphasizes that Traditional Medicare providers and suppliers, Medicare Advantage providers and suppliers, and debt collectors can be sanctioned by CMS or be liable under federal law for improperly billing these recipients. CMS is also releasing new resources clarifying that healthcare providers must refund any improper charges, regardless of whether they received incorrect information about a recipient's QMB status from Medicare Advantage plans. 



League InfoSight Highlight


League InfoSight Highlight: Now Available: 2024 3rd Quarter Compliance Update Video


As regulations evolve and industry standards shift, it is critical for credit unions to stay informed to ensure compliance throughout the organization. InfoSight has recently released the 2024 3rd Quarter Compliance Update Video, presented by Michael Christians, Regulatory Compliance Counsel at Michael Christians Consulting, LLC.


Whether you're directly involved in compliance efforts or simply want to stay informed, the quarterly update videos are designed to equip you with the knowledge you need. The videos provide an excellent resource for your board of directors and staff, offering a comprehensive overview of the current and upcoming regulatory landscape.


In the video, Michael provides details on the following topics:

  • Deposit Accounts
    • CFPB’s circular on Regulation E overdraft opt-in practices
    • NCUA’s final rule that simplifies share insurance coverage for Trust accounts, which becomes effective December 1, 2026
  • Lending
    • Interagency final guidance on Reconsideration of Value that became effective July 26, 2024
      • Note: CU PolicyPro has a procedure related to Reconsideration of Value – Model 7302.10
    • GSE/Secondary Market Requirements for ROVs
  • Credit Union Operations
    • NCUA re-proposes Rules on Succession Planning requirements
    • FinCEN issues proposed AML/CFT Rule

The Quarterly update videos can be found on InfoSight in the Compliance Videos area.


Mary Ann Koelzer

Senior Technology Products Manager, League InfoSight




ARTICLES OF INTEREST



IRS – National Cybersecurity Awareness Month Reminder 


Periodic Statement Requirements (Part 2): Open-End and Closed-End Credit 


Agencies Issue Annual Reg Z & Reg M Dollar Threshold Adjustments for 2025 

SCAM UPDATES


Three ways scammers try to steal your money 


Email or Social Media Hacked? Here’s What to do 



COMPLIANCE CALENDAR

Nov. 6, 2024: Unpacking the Final Ruling Webinar- 1033 is Here 


Nov. 7, 2024: Office of Foreign Assets Control (OFAC) – Reporting, Procedures and Penalties Regulations 


Nov. 7, 2024: NCUA Webinar – Small and MDI Credit Union Support 


Nov. 7, 2024: NCUA Webinar – FFIEC IT Handbook 


Nov. 15, 2024: NCUA Comments Due Changes to Call Reports


Nov. 28, 2024: Thanksgiving Day – Federal Holiday 


Dec. 25, 2024: Christmas Day – Federal Holiday 


Jan. 1, 2025: Department of Labor (DOL) - Fair Labor Standards Act Amendment 


Jan. 27, 2025: FCC – Targeting and Eliminating Unlawful; Text Messages 


July 1, 2025: CFPB and FRB – Reg CC Threshold Adjustments 


July 18, 2025: CFPB – Small Business Lending Data – ECOA 


Oct. 1, 2025: Quality Control Standards AVMs 


June 19, 2026:<> NACHA – Fraud Return Reason Code


TOOLS & RESOURCES

Effective Dates
Bulletins & Alerts
Webinar Calendar
AffirmX and GoWest Partnership

Q&A OF THE WEEK

What type of documentation does the credit union need to get when opening a club account or an account for a nonprofit or charity? 


The NCUA examiner's guide specifies the following for business CIP purposes: 

  • Obtaining, examining, verifying, and recording evidence of the legal status: 

    • Incorporation documents 

    • Partnership agreements 

    • Association documents 

    • Business licenses 

    • Corporate resolutions 

    • 501(c) charitable organization documentation 

  • Obtaining and verifying information about the business 

    • Financial statements of the business 

    • A description of the business 

    • A description of the trade area 

In addition, for a nonprofit corporation, the beneficial ownership rule requires that the credit union obtain information on someone with significant control over the entity. For example, this would include the executive director, CEO, CFO or other senior official. 

For your individualized login, select your state below. 

Arizona
Colorado
Idaho
Oregon
Washington
Wyoming

If you have questions about this communication, contact us at 800.546.4465 or via our shared email inbox at compliance@gowest.org.

Have a great weekend!

Your GoWest Compliance Team, 

David Curtis

CUCE

Director, Compliance Services
P: 206.340.4785

Tiarra Sanders-Hausa

NCCO

Manager, Compliance Services

P: 206.618.9302

Copyright © 2023 GoWest Credit Union Association. All Rights Reserved.

Mailing Address:
GoWest Credit Union Association, 18000 International Blvd Ste. 1102, SeaTac, WA 98188, United States
1.800.995.9064

View in Browser | Manage Your Preferences | Unsubscribe

Email Marketing by ActiveCampaign