Alabama Bank News

CAPITOL NOTES: Special Session to Allocate Funding from the American Rescue Plan Act Continues

Breaking, Capitol Notes, Politics, Publications

Gov. Kay Ivey put the 2022 Regular Legislative Session on hold last week by calling a special session to prioritize the allocation of federal COVID relief funds received from the American Rescue Plan Act (“ARPA”). Legislators are working to determine how best to invest ...Read More

Compliance Q&A: Advertising and RESPA Section 8 Considerations

Breaking, Compliance Q&A, Publications

Question: Can you give us some tips drafting an MSA for a joint advertising campaign to avoid a RESPA Section 8 issue? Answer: As I am sure you have found, “marketing services agreements” is definitely a hot topic. It is still unclear to what ...Read More

WASHINGTON UPDATE: Cryptocurrencies: Unlocking Banking’s ‘New Frontier’

Breaking, Publications

By Rob Nichols, American Bankers Association In case you haven’t noticed, cryptocurrencies are an increasingly hot topic of conversation in this country. According to a Pew Research Center survey fielded in November, 86% of Americans said they have heard about cryptocurrencies, and 16% said ...Read More

Compliance Q&A: Bank Travel Club Considerations

Breaking, Compliance Q&A, Publications

Question: We are considering an arrangement with our construction builder customers where they would get a set amount of “credit” (points) for every spec loan closed with us. The points would be eligible to apply discounts associated for an annual trip with the Bank’s ...Read More

CAPITOL NOTES: Legislature Returns to Capital City; Special Session Likely to be Called by Governor

Breaking, Capitol Notes, Publications

The Alabama Legislature convened last Tuesday to start the 2022 Regular Legislative Session. In addition to their usual activities of crafting both the General Fund and Education Trust Fund budgets, lawmakers will also consider a couple of tax-reduction bills introduced by Sen. Arthur Orr ...Read More

Compliance Q&A: Access Device for a HELOC

Breaking, Compliance Q&A

Question: Can a bank provide an access device for a home equity line of credit (HELOC)? Answer: This is permissible, with several risk considerations for the bank. Under Regulation Z, § 1026.2(a)(15)(ii), a debit card that can access a HELOC is a credit card. ...Read More

Compliance Q&A: Open-end Credit Card and Due Date Considerations

Breaking, Compliance Q&A, Publications

Question: For an open-end credit card account, can a due date on the monthly billing statement vary if the usual due date is a Sunday? Example: The due date is usually the 12th of every month. However, 9/12/21, is a Sunday, therefore, the billing ...Read More

Compliance Alliance: FRCA and Risk-based Pricing

Breaking, Compliance Q&A, Publications

QUESTION: The bank currently provides the risk-based pricing notice in accordance with model forms H-3 and H-4, under the FCRA and Regulation V, for loans secured and not secured by residential real estate, respectively. The bank does not employ a credit scoring model or ...Read More

Compliance Q&A: E-Sign Act and Notice to Customer

Breaking, Compliance Q&A, Publications

Question: Must the bank follow the E-Sign Act requirements if providing notice of nonpayment to a customer electronically? Answer: The commentary to § 229.33(h), clarifies that a notice can be provided by email or fax. However, only Regulation CC, Subpart B, requires conforming with ...Read More

Compliance Alliance: Returned Check Notice

Breaking, Compliance Q&A, Publications

Question: Is a bank required to notify customers of a deposited check being returned? Answer: Yes, Regulation CC, § 229.33(h), requires providing notice to a customer of a check being returned by midnight of the banking day following the banking day on which the ...Read More