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Compliance Specific News & Resources for GoWest Credit Unions
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Compliance Newsletter

COMPLIANCE HEADLINES

National Credit Union Administration (NCUA) 


Share Insurance Fund Report Highlights Asset, Income Growth in Q4 2024 


The NCUA’s Share Insurance Fund report for the quarter ending on Dec. 31, 2024, shows a net income of $78.6 million, $22.3 billion in assets, and $145.9 million in total income for the fourth quarter of 2024. As of the fourth quarter of 2024, the equity ratio was 1.30 percent. 


Additionally, for the fourth quarter of 2024: 


  • The number of composite CAMELS code 3 credit unions decreased from 730 to 715 at the end of the fourth quarter. Assets for these credit unions decreased from the third quarter to $188.8 billion from $189.8 billion. 

  • The number of composite CAMELS codes 4 and 5 credit unions decreased from 138 to 135 at the end of the fourth quarter. Assets for these credit unions decreased from $19.1 billion to $18.5 billion. 


Hauptman Announces Changes to NCUA’s Overdraft/NSF Fee Collection 


The NCUA announced that it will no longer publish overdraft and non-sufficient fee income for individual credit unions. The NCUA will collect data during supervisory examinations. 


Under the previous data collection policy, the NCUA required federally insured credit unions with more than $1 billion in assets to disclose, separately, income from overdraft and non-sufficient funds fees. This data was available to the public on an individual basis and in the aggregate. Under the new policy, which goes into effect with the March 31, 2025, Call Report cycle, the NCUA will collect overdraft and NSF fee data as part of the examination process. The agency will continue to publish overdraft and NSF fee income data in the aggregate once updates to its examination system are complete. 


_________________________________________________________________________ 


Consumer Financial Protection Bureau (CFPB) 


Financial Services Committee Passes Resolution of Disapproval for CFPB Overdraft Rule 

The House Financial Services Committee passed Resolution 59, disapproval of the CFPB’s final overdraft rule. 


404 No More 


The CFPB’s consumerfinance.gov webpage no longer displays the "404 page not found" message. Instead, it redirects to the submit a complaint about a financial service or product page. 


_________________________________________________________________________ 


Financial Crimes Enforcement Network (FinCEN) 


FinCEN Not Issuing Fines or Penalties in Connection with Beneficial Ownership Information Reporting Deadlines 


FinCEN announced that it will not issue any fines or penalties or take any other enforcement actions against any companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines. No fines or penalties will be issued, and no enforcement actions will be taken, until a forthcoming interim final rule becomes effective and the new relevant due dates in the interim final rule have passed. 


No later than March 21, 2025, FinCEN intends to issue an interim final rule that extends BOI reporting deadlines, recognizing the need to provide new guidance and clarity as quickly as possible, while ensuring that BOI that is highly useful to important national security, intelligence, and law enforcement activities is reported. 


FinCEN also intends to solicit public comment on potential revisions to existing BOI reporting requirements. FinCEN will consider those comments as part of a notice of proposed rulemaking anticipated to be issued later this year to minimize burden on small businesses while ensuring that BOI is highly useful to important national security, intelligence, and law enforcement activities, as well as to determine what, if any, modifications to the deadlines referenced here should be considered. 



League InfoSight Highlight


CFPB Effective Dates & Confusion:


With so much uncertainty surrounding the Consumer Financial Protection Bureau (CFPB), where does that leave us with certain rules that have been finalized, but may be either held up in litigation or subject to further legislative action? We’ve tried to summarize some rules that are on the horizon, with planned effective dates for the credit union to implement, as we know it at the time we are writing this article.


  • Effective March 30, 2025CFPB Payday Lending Rule – Credit unions that originate less than 2,500 covered loans in a calendar year are exempt from this rule. In addition, alternative loans that generally conform to the NCUA’s requirements for the Payday Alternative Loan (PAL) program (701.21) are not considered covered loans under this rule. This original rule’s effective date was in 2019 but has gone through several rounds of litigation resulting in numerous stays.
  • Effective June 15, 2025CFPB Prohibition on Creditors and CRAs Concerning Medical Information – Originally scheduled to be effective on March 17, 2025, the CFPB amended Regulation V which implements the Fair Credit Reporting Act prohibiting creditors from considering medical information in credit eligibility determinations. The effective date is currently stayed until June 15 pending further litigation.
  • Effective July 18, 2025CFPB Small Business Lending – When the original injunction was lifted, the CFPB set new mandatory compliance dates as identified in the table below. However, the rule is now being challenged at the 5th Circuit Court of Appeals. As of February 7, 2025, the plaintiffs and intervenors in the case (e.g., members of America’s Credit Unions) are protected under another injunction. That injunction will be lifted once the 5th Circuit decides on the merits of the case.

 



  • Effective October 1, 2025 - CFPB Overdraft Lending: Very Large Financial Institutions - Lawsuit filed in federal district court challenging the rule. No updates from the court as of yet, and no injunction in place. The current effective date is October 1, 2025, although the CFPB filed a motion to delay the rule’s effective date until December 30, 2025. In addition, the rule is subject to be overturned by Congress using the Congressional Review Act, and resolutions have already been introduced in both houses of Congress to do so.
  • Effective March 6, 2026 - CFPB Residential Property Assessed Clean Energy (PACE) Financing – Although not currently available in all states, many states have active legislation to establish residential PACE financing programs. This rule prescribes ability-to-repay requirements and disclosure rules for PACE financing, which is financing to cover the cost of home improvements that result in a tax assessment on the real property of the consumer.
  • Effective May 1, 2026 - Personal Financial Data Rights - Rule is currently stayed for 30 days to give the CFPB time to determine its path forward with the rule. First compliance dates begin May 1, 2026, for the largest financial institutions ($250 billion or more in assets). This rule is also subject to be overturned by Congress using the Congressional Review Act.

Keep in mind, InfoSight has a Compliance Calendar that we try to keep up to date with all of these active changes. Any questions, please don’t hesitate to reach out to us at info@leagueinfosight.com.


Glory LeDu

CEO, League InfoSight & CU Risk Intelligence


Michael Christians

Regulatory Compliance Counsel at Michael Christians Consulting, LLC



ARTICLES OF INTEREST



Winter 2025 Division of Consumer Services Newsletter 


Checks and Balances in Action 


Hauptman Announces Changes to NCUA’s Overdraft/NSF Fee Collection


OFAC's 10 Year Record Retention Requirement Begins on March 12th



SCAM UPDATES


How to Avoid ‘Wrong Number’ Text Scams 


Five of the Biggest Scams to Watch for in 2025 



COMPLIANCE CALENDAR

March 12, 2025: OFAC Blocked Property Record Retention    


March 17, 2025: CFPB – Prohibition on Creditors and CRAs Concerning Medical Information (Regulation V)


March 31, 2025: Changes to NCUA collection of overdraft and NSF fee data 


June 15, 2025: CFPB – Prohibition on Creditors and CRAs Concerning Medical Information (Regulation V) 


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 


Oct. 1, 2025: CFPB: Overdraft Lending: Very Large Financial Institutions (Over $10 billion) 


Dec. 30, 2025: CFPB: Overdraft Lending: Very Large Financial Institutions (Over $10 billion)


Jan. 1, 2026: NCUA – Succession Planning Effective Date


March 1, 2026: CFPB: Residential Property Assessed Clean Energy Financing (Reg Z) 


April 1, 2026: Compliance Date – CFPB Personal Financial Data Rights for Credit Union’s over $10 billion in assets 


June 19, 2026: NACHA – Fraud Return Reason Code


Dec. 12, 2026: NCUA Simplification of Share Insurance Effective Date 


TOOLS & RESOURCES

Effective Dates
Bulletins & Alerts
Webinar Calendar
AffirmX and GoWest Partnership

Q&A OF THE WEEK

Can a fee applied to a savings account overdraw the savings, and if so, can the account be closed if the member does not pay? 


Yes, a fee applied to a savings account can overdraw the account.  This is presuming that the fee has been properly disclosed. 


In regard to closing the account, this action would essentially expel your member. Therefore, you would need to follow your credit union policy on member expulsion.  As an alternative to closing the account, you could also consider following your members service denial policy if your credit union has one in place. 


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

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

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