BCG On-Demand Webinars
Each month, Bankers’ Compliance Group® offers BCG Members and Non-members educational Webinars featuring topics of up-to-the minute relevance. These Webinars are generally 1.5 to 2.0 hours in length and have a more narrow focus than our all-day BCG Seminars.
If you have missed a recent Webinar, we invite you to watch the Webinar as an On-Demand Event.
See available BCG Webinar topics listed below.
If your company has previously registered for a BCG Event and has a username and password, select the “Returning Attendee Registration” button below. This link will require your institution's username and password. If you have difficulties with the login process, please email us at info@bankerscompliancegroup.com or call 949-553-0909.
If your company is registering for the first time or does not know its username and password for online registration, please select the “New Attendee Registration” button below.
BCG On-Demand Webinar Topics
Advertising Deposit Accounts
This comprehensive Webinar will cover various forms of deposit promotions, including lottery prohibitions, “free” account marketing campaigns, “refer-a-friend” promotions and other giveaways. Our discussion will include a review of regulatory compliance expectations impacting deposit advertisements, including Regulation DD advertising disclosure requirements and IRS information reporting.
We will also discuss the FDIC’s recent modernization of its official sign requirements, with a focus on the impact to advertisements, websites and false advertising concerns.
This Webinar presentation will include a closer look at relevant regulatory consent orders and the hard “lessons learned” of other institutions.
(Originally presented on March 19, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
ATM/Debit Card and ACH Unauthorized Claims Process
Financial institutions need to ensure that their ATM/Debit Card and ACH unauthorized claims processes are compliant and up to date. This Webinar will address the claims process as it is impacted by Regulation E, Visa and MasterCard rules, the National Automated Clearing House Association (NACHA) Operating Rules, and California law.
As a part of this presentation, we will discuss the influx of “peer-to-peer” payments fraud and the push to require financial institutions to shoulder more exposure. We will also review the NACHA Rule change impacting returns following review of a Written Statement of Unauthorized Debit, effective October 1, 2024.
Some additional questions we will address include: What are the rights of financial institutions when it comes to denying these types of claims and does it make a difference whether a claim comes from a consumer or a commercial customer? How does a customer’s negligence in handling the card and PIN impact the claims process? What are the documents an institution can request, and how long does an institution have to complete its investigation?
(Originally presented on August 22, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
In 2018, California passed one of the most comprehensive data protection laws ever enacted in the United States, “The California Consumer Privacy Act of 2018” (CCPA), set forth in California Civil Code Section 1798.100 et seq. The CCPA is a broad law that requires California businesses to adhere to a number of obligations with respect to the “personal information” of California residents.
Among other things, the CCPA grants California residents the right to request that businesses disclose, delete, and/or correct the personal information businesses collect and maintain about them. These rights are commonly referred to as the “Request to Know” (RTK), “Request to Delete” (RTD), and the “Request to Correct” (RTC) (collectively “CCPA Requests”). The CCPA includes regulations which dictate how businesses must receive and respond to CCPA Requests received. As such, institutions need to ensure their policies and procedures for receiving and responding to CCPA Requests comply with the applicable regulatory requirements.
This one-and-a-half hour Webinar will provide a detailed discussion of the regulatory requirements institutions must comply with when receiving and responding to CCPA Requests, including among others, what information is covered by the CCPA, how to set up and respond to CCPA Requests, and the practical implications of not complying with CCPA Requests. There will be plenty of time for questions and answers.
(Originally presented on November 12, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
California’s Unclaimed Property Law requires financial institutions to follow a two-step reporting process for unclaimed property. The Holder Notice Report is due annually by November 1st and includes a complete listing of a holder’s unclaimed property that is currently reportable. The property will not be remitted until the separate Holder Remit Report is filed the following year in June. We will discuss practice tips and reminders from the California State Controller’s Office to ensure your reports are approved and to avoid future interest assessments. The presentation will also outline the timelines for the escheat of deposit accounts, safe deposit box contents and financial institution-issued instruments. We also will address the legal notices required to be provided to customers at account opening and again Tuesday, January 16, 2024 prior to the reporting process.
(Originally presented on January 16, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
Commercial Real Estate Appraisals: Requirements and Recent Developments
When examining loan files for commercial real estate loans, the regulators often will focus on the appraisal of the collateral in an effort to confirm that the value assigned to the collateral is reliable, as well as to confirm that the lender undertook a proper review of the appraisal (as required under the appraisal guidelines). Often, the examiner’s scrutiny of an appraisal report will be thorough, with the examiner looking for unreasonable assumptions and faulty data used by the appraiser.
To avoid surprises during an examination, and in order to comply with the requirements of the appraisal regulations and guidelines, a lender must determine when an appraisal is required, and also thoroughly review the appraisals. Join us for this informative Webinar as we discuss the appraisal requirements as well as many of the issues that a lender should consider when reviewing appraisals. We will also review a sample checklist for appraisal reviews, and discuss recent developments (such as with regard to appraisal bias and discrimination).
(Originally presented on April 30, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
Aldrich & Bonnefin, PLC is pleased to invite you and your operations personnel to attend our Webinar on “Check Fraud: Rights, Responsibilities and Liabilities.” It is no secret that there has been an overwhelming increase in check fraud over the last couple of years and financial institutions are struggling to understand their rights, responsibilities, and ultimately liability.
Despite advances in technology which enable new alternative payment systems, customers are still writing checks but, on the positive side, the check collection laws have finally started to adapt to improve the speed of the electronic check collection process. Of course, this means the responsibility for forged and altered checks has also been evolving to shift responsibility where appropriate.
At this Webinar, we will discuss the application of the UCC’s traditional allocation of liability for forged and altered checks as well as Regulation CC’s updated warranties and indemnities for checks collected electronically. Our discussion will include an analysis of whether the paying bank or the depositary bank is ultimately liable when fraud occurs. Finally, we will examine the common defenses that may be available.
(Originally presented on May 29, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Aldrich & Bonnefin, PLC is pleased to invite you to a Webinar on Home Equity Lines of Credit and the compliance requirements under the Truth in Lending Act and Regulation Z.
As most bankers know, HELOCs are compliance intensive. With special disclosures at the application stage and extra required disclosures in the account agreement, through tough restrictions on freezing or terminating HELOCs or changing any of the terms, offering home equity lines requires a detailed knowledge of the applicable rules. Periodic billing statements are also presenting issues for some lenders. Additionally the regulators’ “end of draw” guidance has created issues.
This Webinar takes a step-by-step approach, beginning with the early application disclosures, then addressing the special equity line disclosures that must be included at account opening, and ending with the restrictions on changing terms and freezing or terminating these credit lines. We will also touch on the right of rescission and periodic statements and finally how to “term out” an equity line. Plenty of examples and time for questions will be by provided.
(Originally presented on October 12, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Compliance Roundup Update for 2024
On December 13, 2023, Aldrich & Bonnefin is presenting a Webinar to highlight the regulatory changes that will have an impact on financial institutions and require action in 2024. This presentation will include a high-level review of developing areas of the financial services industry (including laws, regulations, and products) that are expected to undergo changes next year. These areas include consumer and mortgage lending, banking operations and corporate governance.
(Originally presented on December 13, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Doing Business with Family Trusts
In an attempt to avoid the time, cost and complications associated with going through probate, it is very commonplace today for people to create family trusts and place their assets, including deposit accounts, in the trust. What’s more, the trusts themselves are becoming increasingly more complicated, especially when the death of a trustor triggers a split of the trust into multiple trusts.
As a result, financial institutions face more and more questions on how to deal with trusts and trustees. This in turn requires the institution employees to have a better and more detailed working knowledge of the law and operational requirements applicable to trusts.
Join us for this Webinar as we discuss trusts in great detail and help address the issues associated with providing financial services to trusts in both the deposit operations and lending contexts.
As with all of our Webinars, registrants will be able to download a detailed discussion outline to refer to during the program.
(Originally presented on October 30, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Dealing with Financial Elder Abuse: When, What and How to Report
Instances of elder financial abuse and exploitation continue to be a problem for financial institutions. Fraudsters are constantly changing their tactics and consistently find ways to defraud elder adults. Many believe financial institutions are uniquely positioned to detect this type of fraud and to take appropriate action to prevent the exploitation of elder customers. For instance, California imposes a mandatory legal obligation on financial institutions to report known or suspected instances of elder financial abuse. However, there are certain legal restrictions that limit what financial institutions can do to prevent financial elder abuse.
Thus, it is important for financial institutions to understand what their obligations are when they suspect a customer may be a victim of financial elder abuse or exploitation. During this Webinar, we will examine the obligations imposed on financial institutions to report financial abuse, including compliance with the California Financial Elder Abuse Reporting Act, as well as FinCEN’s advisory highlighting behavioral and financial red flags to aid financial institutions with identifying, preventing, and reporting suspected elder financial exploitation.
Join us for this Webinar as we consider these topics as well as other common questions regarding financial elder abuse.
(Originally presented on August 16, 2023)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
Dealing with Powers of Attorney
There are a number of laws governing powers of attorney which can make determining whether to accept any given power of attorney difficult. One of the main concerns is the extent of the rights of financial institutions when it comes to relying on a power of attorney. Further complicating matters, a lack of clarity in the specific terms of a power of attorney can raise concerns over whether an attorney-in-fact is authorized to access the principal’s financial accounts.
During this Webinar we will examine the protections afforded a financial institution when accepting a power of attorney that is covered by the California Power of Attorney Law. We will even address whether an institution can accept a copy of a power of attorney if the original is not available. Also, what if there are concerns over whether the principal is incapacitated, yet the power of attorney is not durable? How is the principal’s incapacitation even determined?
Join us at this Webinar as we consider these topics as well as other common questions, all in an attempt to help financial institutions make informed business decisions when presented with powers of attorney.
(Originally presented on July 25, 2023)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
With advancements in technology and increasing customer demand, it is becoming more common for financial institutions to offer their financial products and services through electronic means that allow customers to avoid visiting branches in person. The emergence of e-signatures and digital signatures has made the prospect of using electronic banking services (such as remotely applying for a loan) a more attractive prospect. Additionally, switching to an electronic storage system for business records has the benefit of cutting down the high costs typically associated with warehousing large volumes of physical records.
Financial institutions considering transitioning to an electronic banking environment need to understand the unique compliance requirements imposed by federal and state law. The federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”) and the California Uniform Electronic Transactions Act (“Cal ETA”) together address the legality of electronic contracts, records and signatures. Another risk in relying on electronic signatures and records is being able to prove up the authenticity of the document.
This Webinar will cover the E-SIGN Act and Cal ETA as well as other important issues institutions should consider when relying on electronic signatures and documents in the banking environment.
(Originally presented on June 27, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
Fair Appraisals: Compliance Considerations and Recent Developments
Recently, a number of new laws, rules and guidance have been issued that are intended to address unfair bias in the real estate appraisal process.
• On July 18, 2024, the CFPB, OCC, FRB, FDIC and NCUA jointly issued final guidance addressing reconsiderations of value (ROVs) for residential real estate transactions. The guidance advises on policies and procedures that financial institutions may implement to help identify, address, and mitigate the risk of discrimination impacting residential real estate appraisals. The agencies’ ROV guidance follows May 2024 ROV guidance issued by HUD and the FHFA.
• On July 17, 2024, the CFPB, OCC, FRB, FDIC, NCUA, and FHFA jointly issued a final rule implementing quality control standards for the use of automated valuation models (AVMs) by mortgage originators and secondary market issuers in determining the collateral worth of a mortgage secured by a consumer’s principal dwelling.
• In recent years, the U.S. Department of Justice (DOJ) has brought a number of actions alleging discrimination in the appraisal process. As part of these actions, the DOJ and CFPB have jointly declared that mortgage lenders can be liable under the Fair Housing Act and ECOA for relying on discriminatory appraisals.
• In recent years, California has enacted a number of laws that apply heightened anti-discrimination measures to the appraisal process, some of which apply directly to depository institutions.
Given the number of recent fair appraisal developments, institutions are encouraged to reevaluate their own appraisal and fair lending practices to ensure consistency with current regulatory expectations. This Webinar will highlight those current expectations as set forth in recent guidance, laws and regulations. The Webinar materials will also feature new sample ROV template forms developed by Aldrich & Bonnefin, PLC.
(Originally presented on August 29, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
The Fair Credit Reporting Act principally regulates consumer reports (often called “credit reports”) and consumer reporting agencies (credit bureaus) but also regulates financial institutions that use credit reports and furnish information to credit bureaus. The main question financial institutions used to have about FCRA was “when can we pull somebody’s credit report”? While still relevant, this question has recently been surpassed by concerns about the accuracy of information institutions furnish (report) to credit bureaus. State and federal laws require that the information be “accurate” but what does that mean? (Yes, there’s a regulation on point.) A related question is how to respond to a consumer’s dispute of information your institution reported. Can you just delete it and forget about it, or must you try to correct it? We will discuss this in our June 2024 webinar. There will be plenty of hypotheticals to illustrate the rules and time for questions and answers.
(Originally presented on June 26, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Aldrich & Bonnefin, PLC is pleased to invite you to a Webinar that will provide an overview of recent “junk fee” regulatory activities, and practice tips to avoid related UDAP/UDAAP pitfalls. According to a recent White House circular, “junk fees” are “unnecessary, unavoidable, or surprise charges that inflate prices while adding little to no value.” Over the past year, the CFPB and other regulators have used their UDAP/UDAAP authority to cite institutions for charging alleged “junk fees”. The CFPB has cited several examples of what it might consider “junk fees,” including fees for “late penalties, overdrafts, returns, using an out-of-network ATM, money transfers, inactivity, and more.”
Given UDAP/UDAAP’s inherent subjectivity, and the uncertainty surrounding the exact definition of a “junk fee,” the new world of “junk fee” regulation is ambiguous and concerning. During this Webinar, we will discuss how regulators are defining “junk fees” through enforcement actions and provide an overview
of UDAP/UDAAP-related considerations in an effort to aid institutions in identifying potential “junk fee” red flags.
(Originally presented on October 24, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
This Webinar will provide a comprehensive discussion of the rules regarding conflicts of interest, insider transactions and other laws governing transactions with affiliates, executive officers, directors, and principal shareholders of financial institutions and their related interests. The program will cover the following topics:
• Conflicts of interest and codes of conduct
• Regulation O and loans to insiders
• Regulation W and transactions with affiliates
• California state laws regarding insider transactions
• Loans to credit union officials
• Bank Bribery Act and related laws
• Foreign Corrupt Practices Act
We will begin with an overview of fiduciary duties and transactions that could pose a conflict of interest, which should be addressed in your institution’s Code of Conduct.
We will also discuss related issues regarding the indebtedness of executive officers and directors of related companies, such as bank holding companies and correspondent banks. Additionally, we will address transactions that are prohibited under the Bank Bribery Act and the Foreign Corrupt Practices Act. Don’t miss these hot examination topics!
(Originally presented on January 30, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Information Security: Incident Response and Breach Notification
Since the enactment of the Gramm-Leach-Bliley Act in 1999 (GLBA), information security issues have been a high priority for financial institutions and their regulators. With the rise of cybersecurity threats, security breaches have unfortunately become increasingly common and alarming as banks have shifted towards a more digital banking environment. The question is no longer “if” your institution will suffer a breach but “when.”
Breaches of data systems can be extremely costly and expose a financial institution to regulatory criticism, civil liability, and reputational risk. Bank regulators have long understood the inevitability of security breaches. While preventive efforts remain crucial, the real focus of examiners seems to be on the response. However, when a breach does occur, financial institutions must navigate a maze of federal and state breach notification laws to determine their response obligations.
For this reason, this Webinar will delve into the laws and regulations concerning information security breaches, including the specific requirements for financial institutions in responding to a breach. Please join us for an in-depth discussion of cybersecurity incident and response obligations for financial institutions.
(Originally presented on April 25, 2024.)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
As borrowers have increasingly complex business structures and relationships with related parties, it is a good time to review the laws and regulations relating to legal lending limits. This is the regulators’ way of discouraging concentrations of loans that have interrelated risks. In this program, we will review the lending limit rules that apply to California state-chartered banks, national banks, credit unions, and savings associations. Certain loans between related parties must be combined and aggregated for lending limit purposes!
The concept of limiting the aggregate amount a regulated depository institution may lend to one borrower or a group of borrowers has been embraced by lawmakers and regulators as a means of managing an institution’s loan concentrations of risk to one borrower or a group of related borrowers. As a general matter, regulators aggressively enforce the lending limit rules. Violations of these rules can subject a regulated institution, as well as its directors and senior officers, to severe penalties and other sanctions.
(1.5 hours) BCG Members/$295 BCG Non-members/$395
The recent disruption in international commerce and increased trade disputes have resulted in an increase in the need for standby and commercial letters of credit. The supply chain issues and other recent world events have increased the likelihood that demands on letters of credit will be made, which in turn will put renewed focus on issues related to issuing and negotiating letters of credit, including the examination of documents.
Aldrich & Bonnefin, PLC is pleased to invite you to attend our Letters of Credit Revisited Webinar. During this Webinar, we will start with a discussion of regulatory issues impacting letters of credit, including legal lending limits, letters of credit involving affiliates, and BSA and OFAC due diligence requirements. We’ll then cover the basics of letters of credit and the rules that govern letters of credit, followed by more focused discussion of selected documentation examination issues.
(Originally presented on August 8, 2023.)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
State and federal laws require financial institutions to apply automatic exemptions when served with a levy or garnishment against a depositor. This imposes an obligation on the institution to leave a certain amount on deposit in accounts of a depositor without requiring the depositor to take any action.
Historically, these automatic exemptions were limited to situations where a depositor’s account received direct (electronic) deposits of certain state and federal benefit payments. The available automatic exemptions have expanded over the years to include other exemptions for set amounts, such as a child support order with a $3,500 exemption and California’s recent SB 616 exemption, which is applicable to all natural persons who maintain an account with a financial institution.
This is a very confusing and complicated area of law, especially since some automatic exempt amounts are required to be “stacked” with other exemptions while others require institutions to only apply the exemption that is for the higher amount.
This program will help guide financial institutions in applying the different exemptions, whether served with a government or private party levy or other type of garnishment.
(Originally presented on March 28, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
Loan Guaranties - Nothing is Guaranteed
Lenders frequently structure commercial loans to include guaranties by third parties with a personal or financial interest in the borrower. Yet, lenders are often unaware of the emerging complexity of the law concerning guaranties and third-party pledges. Since the financial crisis of 2008, lenders have encountered strong opposition to their efforts to collect on guaranties. Guarantors have challenged the enforceability of guaranties under a number of theories, the most popular being the sham guaranty argument. To minimize the effect of these challenges, it is important that lenders have a clear and comprehensive understanding of the functions and elements of a guaranty, as well as the potential defenses to enforcement of a guaranty, all of which are essential to the proper negotiation of guaranty obligations.
Join us for this informative Webinar as we discuss the use of guaranties in the lending world. This Webinar will include a discussion on the various types and uses of a guaranty and the elements of a guaranty, with a focus on the importance of guarantor waivers and ways of avoiding sham guaranty challenges.
(Originally presented on May 22, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
When things go awry and defaults occur with respect to loans secured by personal property, lenders will naturally look to their collateral to minimize losses. The attachment and perfection of a security interest in personal property collateral is essential to the enforcement of a security interest against the party pledging the collateral, as well as third parties with competing claims to the same collateral. The requirements and procedures for attachment and perfection of a security interest in personal property are set out in Division 9 of the California Uniform Commercial Code (CUCC).
Additionally, Senate Bill (SB) 95 became effective on January 1, 2024, which made various and significant changes to the CUCC with regard to security interests, including adding new types of personal property, changing the rules for perfecting security interests in certain types of property, and revising the definition of some key terms.
This Webinar will explain the necessary steps lenders must take to ensure they have an enforceable security interest under the CUCC, and will also discuss the new changes made by SB 95 that impact security interests in personal property.
(Originally presented on February 28, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Aldrich & Bonnefin, PLC is pleased to invite you to a Webinar that will provide an overview of recent “junk fee” regulatory activities, and practice tips to avoid related UDAP/UDAAP pitfalls. According to a 2023 White House circular, junk fees are “unnecessary, unavoidable, or surprise charges that inflate prices while adding little to no value.” Over the past year, the CFPB and other regulators have used their UDAP/UDAAP authority to cite institutions for charging alleged junk fees. The CFPB has cited several examples of what it might consider junk fees, including fees for “late penalties, overdrafts, returns, using an out-of-network ATM, money transfers, inactivity, and more.”
Given UDAP/UDAAP’s inherent subjectivity, and the uncertainty surrounding the exact definition of a “junk fee,” the new world of junk fee regulation is ambiguous and concerning. During this Webinar, we will discuss how regulators are defining junk fees through enforcement actions and provide an overview of UDAP/ UDAAP-related considerations in an effort to aid institutions in identifying potential junk fee red flags.
(Originally presented on October 25, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Under rules that became effective in 2014, all “loan originators” of consumer-purpose, dwelling-secured closed-end loans must receive training on state and federal laws applicable to their job duties. This requirement appears as part of the loan originator qualification requirements in Regulation Z Section 1026.36(f). It applies to all residential mortgage loan originators, both employees and third-party mortgage brokers. The training requirements apply to a loan originator regardless of whether he or she meets the definition of a “mortgage loan originator” under the SAFE Act. Under Regulation Z, the term “loan originator” is defined broadly and includes any employee who takes an application for a residential mortgage or offers, arranges or assists a consumer in obtaining or applying for a dwelling-secured, closed-end loan. The rule is limited to closed end mortgages; home equity lines of credit are not covered.
This two-hour Webinar will provide training that is relevant to all loan originators and will help fulfill their training requirements under Regulation Z. Under Regulation Z, training must cover both federal and state law that apply to the LO’s job responsibilities and, as such, this Webinar will cover both federal and state law.
(Originally presented on November 29, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Servicemember Protections Refresher
Servicemembers who wish to borrow money are protected by two very different bodies of federal law: the Servicemembers Civil Relief Act (SCRA) and the Military Lending Act (MLA). Together, SCRA and MLA provide a complex array of protections to servicemembers. The consequences of noncompliance can include fines, lawsuits, and reputational damage. In this Webinar, we will walk through the coverage, exemptions, required disclosures and substantive requirements of SCRA and MLA, as well as the various California law protections. This Webinar will also discuss recent California legal developments which impact the provision of financial services to servicemembers.
(Originally presented on February 20, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
Financial institutions are increasingly turning to social media for marketing and information distribution purposes. Although social media is an influential tool in generating new business and interacting with customers, the use of social media may impact a financial institution’s risk profile. We will cover the FFIEC Social Media: Consumer Compliance Risk Management Guidance, as well as discuss helpful tips and compliance reminders applicable to social media activities.
Endorsements are another tool often used by financial institutions, whether as part of their social media footprint, or even in other means of advertising. We will look at the legal risks associated with these tools and discuss recommended practices for their successful use.
Native advertisements are often indistinguishable from news, feature articles, or product reviews. As a result, the effect of these ads may mask the signals consumers customarily have relied upon to recognize an advertisement or promotional message. We will look carefully at the prior federal regulatory guidance and discuss the pros and cons associated with this medium of advertising.
(Originally presented on July 30, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
TILA and Regulation Z – Reviewing Some Basics
Aldrich & Bonnefin, PLC is pleased to invite you to a Webinar on the Truth in Lending Act (TILA) and Regulation Z to review some basics.
Each year we see from the banking agencies’ examination reports a variety of TILA and Regulation Z violations. In fact, the most troublesome areas of Regulation Z often come from rules that have not changed in decades. Those rules include Regulation Z’s coverage and exemptions, and the rules concerning finance charges, and a consumer’s right of rescission.
This Webinar takes a step-by-step approach, detailing Regulation Z’s coverage, along with exempt transactions, then addressing what is considered a finance charge, and ending with a discussion on the right of rescission, covering the who, when, and how of rescission.
We’ll include lots of examples of how these rules play out in the real world!
(Originally presented on September 7, 2023)
(2 hours) BCG Members/$335 BCG Non-members/$435 each Webinar
Two-Part Webinar: CFPB’s Section 1071 Rule is Back – What You Need to Know Now
In May 2024, the U.S. Supreme Court upheld the CFPB’s funding structure and the CFPB then extended the compliance dates for the CFPB’s Section 1071 rule addressing small business lending data collection requirements. This puts the Section 1071 rule back in the spotlight, and institutions subject to the rule will need to work towards complying with the rule. In our two-part Webinar, we will discuss which institutions are subject to the Section 1071 rule, the new extended compliance dates (and new alternative periods to use to determine the initial compliance dates), the data points that will need to be collected, and various other requirements (such as firewall obligations and recordkeeping and reporting requirements). We will also discuss potential pitfalls and concerns for lenders, such as fair lending and reputational concerns, and we’ll discuss several examples and case studies throughout the Webinars.
(Originally presented on September 18, 25, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395 each Webinar
Wire Transfers: Rights and Responsibilities
Financial institutions face significant risk exposure from unauthorized or defective wire transfers and that risk can be mitigated by understanding the rights and responsibilities of the institution. As part of this mitigation,
we will discuss potential defenses to unauthorized wire transfer claims and the need for using security procedures that are commercially reasonable for any given customer.
Of equal importance is understanding the circumstances under which a wire transfer can be cancelled or amended. Institutions need to understand there is an inherent risk as an originator’s bank to act on a customer’s request to cancel or amend a recently sent wire transfer. In fact, not only does requesting cancellation to assist a customer result in the institution indemnifying the beneficiary’s bank, but it may also be a violation of federal regulations.
These and other issues will be explored in detail in this Webinar in order to help financial institutions implement appropriate policies and procedures for dealing with both outgoing and incoming wire transfers.
(Originally presented on November 19, 2023)
(2 hours) BCG Members/$335 BCG Non-members/$435 each Webinar
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