Legislative & Regulatory Update

​DakCU supports ND Senate Caucus Golf Event; cruising for meaningful advocacy on the Mighty Missouri; and proposed rules to be aware of. 

DakCU's Memorable Day at the Senate Caucus Golf Event
Yesterday, DakCU staff stepped onto the Bismarck greens for the annual North Dakota Senate Caucus Golf Event, ready for a day of camaraderie and competition. Jeff and his son, Jake, teamed up with Chad Bartosh from Railway Credit Union and Senator Conley to represent our organization. While victory eluded us, the experience and fellowship shared beneath the expansive Dakota sky made it a day to remember.

As the golf event wrapped up, the evening promised a different kind of magic. Colleen and I embarked on the Lewis & Clark Riverboat for a serene cruise down the Missouri River. The boat's gentle sway, the setting sun's golden hues, and the cool breeze created an unforgettable atmosphere.

Onboard, we connected with nearly all the event's attendees, each conversation more engaging than the last. Senator Jerry Klein of District 14 stood out, a key player on the Senate IBL Committee and instrumental in pushing SB 2266 out of committee in 2023. His confidence and leadership were palpable.

We also spoke with Senator Robert Erbele, a co-sponsor with a compelling credit union story and a strong advocate for our cause. His genuine interest and powerful support left a lasting impact.

Senator Diane Larson of District 30, renowned for her legislative experience and principled voting, also graced us with her presence. Her support in the last session and her reputation for integrity were evident in every word she shared.

The evening flowed seamlessly, each conversation a testament to the strong relationships and mutual respect we have built. From laughter on the greens to heartfelt discussions on the Missouri River, the day's events highlighted the spirit of community and collaboration that defines DakCU.

As we disembarked, the glow of the evening lingered, a reminder of the power of coming together, sharing stories, and working towards common goals. It was a day where competition gave way to camaraderie, and the bonds forged on the fairway and the river will undoubtedly strengthen our collective efforts in the future.

CFPB Proposes New Rules to Support Borrowers and Prevent Foreclosures
The CFPB has proposed new rules to help borrowers avoid foreclosure by making it easier for mortgage servicers to offer assistance. The proposed changes aim to reduce paperwork, improve communication, and ensure that critical information is available in multiple languages.

Credit unions, despite their commitment to supporting members with smaller balance loans, have faced significant challenges. In response to a 2022 CFPB request for information, America’s Credit Unions highlighted these issues, which have influenced the new proposals.

Key measures in the proposed rules include:

• Pre-Foreclosure Assistance: Servicers must prioritize helping borrowers before initiating foreclosure.
• Flexible Review Process: More flexibility for servicers to review each borrower’s options individually.
• Customized Notices: Borrowers will receive personalized notices to better understand their options.
• Bilingual Communication: Notices will be available in both English and Spanish, with oral interpretation services provided during calls.

Small servicers, managing 5,000 or fewer mortgages, will be exempt from these requirements.

Federal Regulators Announce Spring 2024 Unified Agenda
Federal regulators, including the NCUA and CFPB, have released their Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions. This agenda outlines potential timelines for upcoming agency actions, providing a glimpse into future regulatory changes without setting definitive schedules.

Federal Reserve: The Federal Reserve plans "further action" on its debit interchange proposal in January 2025. This controversial proposal seeks to adjust all three components of Regulation II's interchange fee cap.

NCUA:

• Digital Assets and Related Technologies: In January 2025, following a 2021 request for information on decentralized finance, digital assets, and distributed ledger technology.
• Executive Compensation Transparency: By October 2024, a rule requiring federal credit unions to disclose executive compensation to members.
• Appeals Procedures: In September 2024, rules to clarify the process for appealing material supervisory determinations.
• Investment and Deposit Activities: Also in September 2024, modernizing the investment rule to enhance clarity and opportunities for credit unions.

CFPB:

• Financial Data Transparency Act: By July 2024, a rule to establish unified data standards for financial reporting, in collaboration with other regulators.
• Fair Credit Reporting Act Rulemaking: Also in July 2024, new regulations for consumer credit reporting agencies, including reevaluating the inclusion of medical debts in credit reports.
• Overdraft Lending: Finalizing by January 2025, rules affecting overdraft services at institutions with over $10 billion in assets.
• Personal Financial Data Rights: By October 2024, finalizing standards for consumer financial data portability, requiring institutions to develop APIs for third-party access to member information.

Financial Crimes Enforcement Network:

• Customer Due Diligence Requirements: Revising by October 2024 to account for changes in beneficial ownership information reporting, as per the Corporate Transparency Act.

Cybersecurity and Infrastructure Security Agency:

• Cyber Incident Reporting for Critical Infrastructure Act: By October 2025, implementing cyber incident reporting requirements for critical infrastructure operators, including federally insured credit unions.

As Always, feel free to contact me with any advocacy or regulatory questions.