Proposed Regulation

NAFCU Regulatory Alerts are member-only resources containing important highlights and summaries for proposed rulemakings that affect credit unions. Each alert PDF also provides a link to send NAFCU comments that we will include in our letter to the agency or agencies that issued the proposed rule.

23-EA-11: NACHA - RFI on ACH Risk Management

On May 2, 2023, the National Automated Clearinghouse Association (NACHA) published a request for information (RFI) seeking information and perspectives on automated clearinghouse (ACH) risk management topics and the NACHA operating rules. These include ACH Network Credit Return Threshold, “Third-Party Receivers,” Risk-based approach to early funds availability, and Notification of Change (NOC) for SEC Code/Account Type mismatch.

23-EA-10: FHFA - Fannie Mae and Freddie Mac Single-Family Mortgage Pricing Framework

On May 15, 2023, the Federal Housing Finance Agency (FHFA) published a request for input (RFI) on Fannie Mae’s and Freddie Mac’s (collectively, the government-sponsored enterprises or GSEs) Single-Family Mortgage Pricing Framework.

23-EA-09: CFPB - Residential Property Assessed Clean Energy Financing (Regulation Z)

On May 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a notice of proposed rulemaking (NPRM) seeking to prescribe ability-to-repay rules for Property Assessed Clean Energy (PACE) financing and to apply the civil liability provisions of the Truth in Lending Act (TILA) for violations. Specifically, the Bureau proposes to implement Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) section 307 and to amend Regulation Z to address how TILA applies to PACE transactions to account for the unique nature of PACE.

23-EA-08: NCUA - Request for Information Regarding Climate-Related Financial Risk

On April 25, 2023, the National Credit Union Administration (NCUA) published a request for information (RFI) seeking public input on current and future climate and natural disaster risks to federally insured credit unions (FICUs), related entities, their members, and the National Credit Union Share Insurance Fund (SIF). The NCUA also seeks input of any interested parties on the development of potential future guidance, regulation, reporting requirements, and/or supervisory approaches for FICUs’ management of climate-related financial risks.

23-EA-07: CFPB - Regulation Z’s Mortgage Loan Originator Rules Review Pursuant to the Regulatory Flexibility Act

On March 16, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a request for information (RFI) soliciting public feedback on the economic impact of Regulation Z’s Mortgage Loan Originator Rules (Loan Originator Rules).

23-EA-06: CFPB - Data Brokers and Other Business Practices Involving the Collection and Sale of Consumer Information

On March 21, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a request for information (RFI) soliciting public feedback on the business practices of data brokers and other entities collecting and selling consumer information.

23-EA-05: NCUA - Chartering and Field of Membership

On February 16, 2023, the National Credit Union Administration (NCUA) released a proposed rule seeking comment on proposed amendments to the NCUA’s chartering and field of membership (FOM) regulations.

23-EA-04: CFPB - Credit Card Penalty Fees

On February 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a notice of proposed rulemaking to amend Regulation Z to ensure fees charged on credit card accounts are “reasonable and proportional” to the late payment as required under the Truth in Lending Act (TILA).

23-EA-03: CFPB - Registry of Supervised Nonbanks That Use Form Contracts

On February 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposal to require supervised nonbanks to register each year in a system established by the CFPB information about their use of certain terms and conditions in form contracts for consumer financial products and services that pose risks to consumers.

23-EA-02: CFPB - Request for Information Regarding Consumer Credit Card Market

On January 27, 2023, the Consumer Financial Protection Bureau (CFPB) published a request for information (RFI) to solicit information from the public about a number of aspects of the consumer credit card market in accordance with Section 502(a) of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).