Publications Archive

Question: I noticed that a lot of banks no longer hand out the substitute check consumer awareness disclosure. Was the requirement to disclose this information revised as part of the regulation CC amendments? Answer: The likely reason that you are seeing fewer of these ...Read More

Question: This is regarding the recent threshold changes to Regulation CC. Since we have same-day availability and the amounts are actually in the customers’ favor, do we have to do a change notice to reflect the new funds availability thresholds? Answer: Yes, it would ...Read More

by Charles W. Prueter, Waller The new Term kicks off at One First Street in Washington, D.C., next Monday morning. Last month, the Update previewed several of the cases on the Supreme Court’s docket, including a collection of three cases presenting the question of ...Read More

Question: I’m being told we can opt people in for overdraft protection. Is that true?   Answer: Reg. E sets out the requirements for providing customers with overdraft services for paying an ATM or a one-time debit card transaction. Under the Reg. E requirements, ...Read More

by R. Aaron Chastain and Christopher K. Friedman In 2014, the Nevada Supreme Court sent shockwaves through the mortgage lending industry when it held that a portion of a homeowners’ association (“HOA”) or condominium owners association’s (“COA”) statutory assessment lien had priority over a ...Read More

by Chris Bottcher Alabama’s banking market remains dynamic and fluid. Competition for top talent is fierce, and proven performers are bombarded with attractive offers from competitors. Any bank that has developed a team of lenders that consistently generates new and recurring revenue knows how ...Read More

by Brian Malcom, Waller Unfortunately, big data breaches are not new. So there is the temptation to shrug one’s shoulders and think, “It’s just another day in modern life.” A data breach at a financial institution, however, demands our attention. In March 2019, Capital ...Read More