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Compliance Specific News & Resources for GoWest Credit Unions
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Compliance Newsletter

COMPLIANCE HEADLINES


Wyoming Stolen Blank Titles 


According to the Wyoming Department of Transportation, about 500 blank Wyoming titles were stolen from a Wyoming county earlier this year. The blank titles which have control numbers ranging from 8790001 to 8790500, have been used for criminal purposes in Colorado.


The control numbers are located at the lower right side of the title in silver print with a security box around the number. On the lower left side of the title will be marked ‘MV-301 (4/21)’ with a round silver security seal to the right of the text. In addition, the security seal has the letters W.Y. 


If titles with any of these control numbers are found, please contact the Compliance program at 307-777-3840


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National Credit Union Administration (NCUA) 


Lending, Assets, Insured Shares, and Delinquencies Rise in Third Quarter 


The NCUA released the latest financial performance data for third quarter 2023, which shows that for federally insured credit unions total loans outstanding increased $132 billion, or 9.1 percent, over the year ending in the third quarter of 2023, to $1.59 trillion. Total assets rose by $79 billion, or 3.7 percent, to $2.23 trillion during the same period. Insured shares and deposits increased $23 billion, or 1.4 percent, to $1.72 trillion, from one year earlier. Also, for the third quarter of 2023, the delinquency rate was 72 basis points, up 19 basis points from one year earlier. 


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Consumer Financial Protection Bureau (CFPB) 


CFPB Orders Atlantic Union Bank to Pay $6.2 Million for Regulation E Overdraft Requirement Violations 


The CFPB took action against Atlantic Union Bank for violating Reg E overdraft provisions and enrolling thousands of customers in checking account overdraft programs. The CFPB found that Atlantic Union misled consumers who enrolled in this overdraft service by phone and failed to provide proper disclosures. The CFPB is ordering Atlantic Union to refund at least $5 million in illegal overdraft fees and pay a $1.2 million penalty to the CFPB’s victims relief fund. 


The CFPB’s order describes the bank’s regulatory violations and it improperly communicated with and enrolled consumers in its overdraft program. Specifically, the bank violated federal law by: 

  • Charging fees without proper consent: At Atlantic Union Bank branches, employees gave oral descriptions of the bank’s overdraft coverage to new customers who opened checking accounts. Employees sought oral confirmation from customers to enroll in overdraft coverage before providing them with the required written disclosures describing the terms of service. 

  • Misleading customers about the terms and costs of overdraft coverage: For customers who enrolled in overdraft coverage by phone, Atlantic Union Bank employees did not clearly explain which transactions were covered by the service, and made other misleading statements about the terms and conditions of the service. In some calls, bank employees also omitted key information about the cost of the service and the fact that consumers could incur a hefty overdraft fee for each transaction covered by the service. 

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Internal Revenue Service (IRS) 


IRS Expands Work on Aggressive Employee Retention Credit Claims; 20,000 Disallowance letters Being Mailed 


The IRS continues efforts to combat dubious Employee Retention Credit (ERC) claims and is sending an initial round of more than 20,000 letters to taxpayers notifying them of disallowed ERC claims. IRS is disallowing claims to entities that did not exist or did not have paid employees during the period of eligibility to prevent improper ERC payments from being made to ineligible entities. 


The letters are being sent as the IRS continues increased scrutiny of ERC claims in response to misleading marketing campaigns that have targeted small businesses and other organizations. The IRS mailing is the latest in an expanded compliance effort that includes a special withdrawal program for those with pending claims who realize they may have filed an inaccurate tax return. Later this month, a separate voluntary disclosure program will be unveiled allowing those who received questionable payments to come in and avoid future IRS action. 


After an initial review this fall, the IRS determined that a large block of taxpayers did not meet basic criteria for the credit. Starting this week, taxpayers who are ineligible for the credit will begin receiving copies of Letter 105 C, Claim Disallowed. 

This group of letters will cover taxpayers ineligible for the ERC either because their entity did not exist or did not have employees for the time period when the credit was claimed. 


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Financial Crimes Enforcement Network (FinCEN) 


FinCEN to Host Webinar on Beneficial Ownership Information Reporting Requirements 


FinCEN will host a virtual information session on beneficial ownership information reporting requirements on Wednesday, December 13 at 2 p.m. Eastern Time. 

Beginning January 1, 2024, a new law will require many companies doing business in the United States to report information to the U.S. government about who ultimately owns and controls them. This webinar will cover beneficial ownership information reporting requirements and how to comply with the law, followed by a Q&A session. 

After registering, participants will receive a confirmation email containing information about joining the webinar. 


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U.S. Department of Treasury Community Development Financial Institutions Fund (CDFI Fund) 

CDFI Fund Releases Final Revised CDFI Certification Application 


The U.S. Department of the Treasury’s Community Development Financial Institutions Fund (CDFI Fund) released a revised Community Development Financial Institution (CDFI) Certification Application. This CDFI Certification Application, as well as the Annual Certification and Data Collection Report (ACR) and Transaction Level Report (TLR), were approved by the Office of Management and Budget (OMB) and encompass modifications made in response to public comments received last year.

   


League InfoSight Highlight

League InfoSight Highlight: The CU PolicyPro/RecoveryPro Combined Site Launches Next Week! 


For the past several weeks, we have been sharing updates on the progress of combining CU PolicyPro and RecoveryPro into a single, integrated system. The combined product is set to launch on Monday, December 11, 2023. In preparation for this transition, please be advised that CU PolicyPro and RecoveryPro will be unavailable on December 9-10. In our recent communications, we have highlighted the significant value and benefits of integrating both systems. However, we also recognize the unique value of each standalone option.  

  

The integration on a single platform will not compromise the individual features and functionalities of either product. Instead, the new system will utilize the strengths of both, offering you a more enhanced and robust suite of tools.  

  

Whether you currently use CU PolicyPro or RecoveryPro, or both, our goal is to provide you with tools that enhance your capabilities and simplify your operations. Regardless of your current product subscriptions, you can look forward to some additional benefits:  

  

  • Immediate availability of newly released products, such as the upcoming integration of InfoSight.  

  • Improved collaboration capabilities, increased data integration, and a more intuitive interface.  

  • Technology enhancements that can be implemented faster, ensuring you always have access to the latest innovations.   

  •  Enhanced security protocols, including a new multi-factor authentication option.  

Our team is dedicated to ensuring a smooth transition by providing comprehensive support resources, including user guides, video tutorials, and live webinars to help you navigate the updated platform.  

  

Questions about the combined site? Contact our support team at policysupport@cusolutionsgroup.com or the Site Combination FAQs on our website for more information! 

  

Mary Ann Koelzer,
Senior Technology Products Manager, League InfoSight 



ARTICLES OF INTEREST



FHFA Announces Conforming Loan Limit Values for 2024 


FSB Publishes Toolkit for Enhancing Third-Party Risk Management and Oversight 


Recovery Financially After a Natural Disaster 


FinCEN Holds Annual Ceremony to Recognize Law Enforcement Cases Supported by BSA Data 


IRS: 2024 Flexible Spending Arrangement Contribution Limit Rises by $150 



SCAM UPDATES


Spot Holiday Job Scams 


Scammers Hide Harmful Links in QR Codes to Steal Your Information 



COMPLIANCE CALENDAR

Dec. 13, 2023: FinCEN Webinar on Beneficial Ownership Information Reporting Requirements 


Dec. 14, 2023: 2023 Fair Lending Interagency Webinar 


Dec. 25, 2023: Christmas Day- Federal Holiday 


Dec. 26, 2024: Comments Due NCUA Proposed Rule on Simplification of Share Insurance Rules 


Dec 29, 2023 – Comments Due CFPB Proposed Rule on Personal Financial Data Rights 


Jan. 8, 2024: Comments Due NCUA Proposed Rule on Fair Hiring in Banking  


Jan 22, 2024:<> Comments Due FinCEN Proposed Rule on CVC Mixer Reporting 


Feb. 12, 2024: Comments Due FRB Interchange Proposal 


TOOLS & RESOURCES

Effective Dates
Bulletins & Alerts
Webinar Calendar
AffirmX and GoWest Partnership

Q&A OF THE WEEK

Can the credit union require a borrower, who has a less than stellar credit history, to triple the amount of money that goes into the escrow account? 


Section 17 of RESPA sets limits on the amounts that a lender may require a borrower to put into an escrow account for purposes of paying taxes, hazard insurance and other charges related to the property. 


During the course of the loan, RESPA prohibits a lender from charging excessive amounts for the escrow account. Each month the lender may require a borrower to pay into the escrow account no more than 1/12 of the total of all disbursements payable during the year, plus an amount necessary to pay for any shortage in the account. In addition, the lender may require a cushion, not to exceed an amount equal to 1/6 of the total disbursements for the year. 


The lender must perform an escrow account analysis once during the year and notify borrowers of any shortage. Any excess of $50 or more must be returned to the borrower. 


12 CFR 1024.17 


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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 week!

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

Copyright © 2023 GoWest Credit Union Association. All Rights Reserved.

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

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