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OCC and FDIC Issue Guidance Regarding Deposit Advance Products




by:
Robert E. Bostrom
Greenberg Traurig, LLP - New York Office

Peter L. Cockrell
Greenberg Traurig, LLP - McLean Office

Brett M. Kitt
Greenberg Traurig, LLP - Washington Office

Gil Rudolph
Greenberg Traurig, LLP - McLean Office

J. Scott Sheehan
Greenberg Traurig, LLP - Houston Office

 
November 29, 2013

Previously published on November 27, 2013

On November 21st, the Office of the Comptroller of Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) separately issued guidance on deposit advance loans.4 The guidance establishes numerous expectations for institutions that offer such products. It covers matters such as consumer eligibility, capital adequacy, fees, compliance, management oversight, and third-party relationships. Under the guidance, the OCC and FDIC expect regulated institutions to only offer the products to customer who (i) have at least a six month relationship with the bank; (ii) do not have any delinquent or adversely classified credits; and (iii) meet specific ability-to-repay standards. Among other restrictions, the guidance also provides that each loan should be repaid in full before the extension of a subsequent loan. It also provides for a “cooling-off period” before advancing another loan.

The OCC and FDIC’s final guidance is substantially the same as the proposed guidance issued by the agencies in April. One clarification is that the eligibility and underwriting expectations do not require the use of credit reports. The Federal Reserve Board did not issue guidance, but instead made a policy statement.

Despite these restrictions, the FDIC still encouraged institutions to continue to offer the “properly structured products,” acknowledging that demand for these types of products exists.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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Author
 
Robert E. Bostrom
Peter L. Cockrell
Brett M. Kitt
Gil Rudolph
J. Scott Sheehan
Practice Area
 
Banking Law
Insurance
 
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