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Banking & Consumer Finance

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Banking & Consumer Finance

STATE BANKING LAWS—New York proposes risk-based overhaul of bank investment filings

October 23, 2026 | By Charles A. Menke, J.D.

Additional investments worth no more than one percent of capital and surplus could avoid both prior approval and after-the-fact notice under specified conditions. The New York Department of Financial Services has proposed repealing and replacing its ...

STATE BANKING LAWS—New York proposes risk-based overhaul of bank investment filings
Organizations Mentioned:American Bankers Association | American Express National Bank | American Fintech Council | Bank of America, National Association | Better Markets | Fifth Third Bank, N.A. | Independent Community Bankers of America | Nxum Group | Strategist Bank | Tether | U.S. Bank National Association
FINANCIAL TECHNOLOGY—ICBA, AFC seek Treasury stablecoin issuer boundaries
October 23, 2026
Lauren Bikoff, MLS

ICBA estimated that a $1.2 trillion no-yield stablecoin market would reduce community bank lending by $141 billion, or 3.5 percent. In separate comment letters, the Independent Community Bankers of America (ICBA) and American Fintech Council (AFC) ur...

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OVERSIGHT AND INVESTIGATION—Blumenthal seeks Tether, Nxum records
October 23, 2026
Charles A. Menke, J.D.

The request is part of an ongoing inquiry by Senate subcommittee minority members “into the illicit use of cryptocurrencies and the Trump Administration’s self-enrichment and self-dealings with cryptocurrency firms.” Senator Richard Blumenthal (D-Con...

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STATE BANKING LAWS—NYDFS proposes e-apostilles for foreign banking documents
October 23, 2026
Lauren Bikoff, MLS

Banking organizations and foreign banking offices could use three optional authorization evidence routes, but they would still need to establish appropriate governing-board approval. The New York State Department of Financial Services (NYDFS) has pro...

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COMMUNITY DEVELOPMENT—Treasury urged to prevent loopholes in ROAD to Housing Act rule
October 23, 2026
Lauren Bikoff, MLS

Treasury proposed its first rule under the 21st Century Road to Housing Act this week. Representative Maxine Waters (D-Calif.), the top Democrat on the House Financial Services Committee, and Sen. Elizabeth Warren (D-Mass.), Ranking Member of the Sen...

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WORTH NOTING—Other regulatory, legislative, litigation, and industry developments
October 23, 2026
WK Editorial Staff

A weekly roundup of other items of interest to the banking and finance law community. DEPOSIT INSURANCE— The Federal Deposit Insurance Corporation conditionally approved deposit insurance for Bedford, New Hampshire-based Strategist Bank, according to...

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Banking & Consumer Finance

COMMUNITY DEVELOPMENT—Treasury proposes single-family home purchase rules for large institutional investors

October 22, 2026 | By Charles A. Menke, J.D.

Beginning Jan. 7, 2027, large institutional investors are generally prohibited from purchasing single-family homes under the ROAD to Housing Act. The Treasury Department has issued a notice of proposed rulemaking (NPR) that would clarify which large ...

COMMUNITY DEVELOPMENT—Treasury proposes single-family home purchase rules for large institutional investors
Law Firms Mentioned:Davis Polk & Wardwell LLP | King & Spalding LLP | Solicitor General, Department of Justice | UK
Organizations Mentioned:Ballard Spahr LLP | Custodia Bank, Inc. | Snap Finance LLC | Snap RTO LLC | Troutman Pepper Locke
EXPERT INSIGHTS—FDIC issues proposal on bank merger transactions, signaling modernized approach to merger review
October 22, 2026
Mark Chorazak & Nate Balk & Melissa Dorow

Executive Summary What's new: On September 17, 2026, the FDIC announced a proposed rule that would reform key facets of the agency's approach to processing and evaluating merger transactions subject to the Bank Merger Act, aiming to improve timelines...

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UNFAIR DECEPTIVE ABUSIVE ACTS OR PRACTICES—New York City bill proposes $2,500 private right of action for unfair business practices
October 22, 2026
Lauren Bikoff, MLS

If enacted, the law would take effect immediately. The New York City Council introduced the People and Organizations Winning Economic Relief (POWER) Act (Int. No. 1105 ) on October 8, at Mayor Zohran Mamdani’s request, proposing to prohibit unfair me...

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BANKING OPERATIONS—Fed, FRBKC ask Supreme Court to deny Custodia master-account review
October 22, 2026
John M. Pachkowski, J.D.

Certiorari should be denied since there is no circuit conflict and a 2026 Second Circuit ruling likewise found discretion over master-account access. The Federal Reserve Board and the Federal Reserve Bank of Kansas City (FRBKC) are asking the U.S. Su...

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ENFORCEMENT ACTIONS—17 state AGs, Snap Finance reach $664 million rental-purchase settlement
October 22, 2026
Colleen M. Svelnis, J.D.

The relief covers over 300,000 consumers whose charged-off accounts remained under Snap’s control in November 2025, and eligible recipients will receive ownership of the leased property. Seventeen state attorneys general and Snap RTO LLC and Snap Fin...

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PREEMPTION—D. Or.: States oppose dismissal, transfer in OCC escrow preemption suit
October 22, 2026
Charles A. Menke, J.D.

The effective rules create a ripe sovereign injury by purporting to nullify state interest-on-escrow laws for nationally chartered banks, the 10 jurisdictions argue. Ten state jurisdictions have asked the U.S. District Court for the District of Orego...

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Banking & Consumer Finance

FINANCIAL TECHNOLOGY—OCC finalizes GENIUS Act payment stablecoin rule for 2027

October 21, 2026 | By Kathleen Bianco, J.D.

Application intake remains contingent on Office of Management and Budget approval, while the final rule and the GENIUS Act take effect January 18, 2027. The Office of the Comptroller of the Currency (OCC) finalized regulations implementing the Guidin...

FINANCIAL TECHNOLOGY—OCC finalizes GENIUS Act payment stablecoin rule for 2027
Law Firms Mentioned:Labaton Keller Sucharow LLP
Organizations Mentioned:American Bankers Association [#1, #2] | Avant Bank, N.A. | Avant, LLC | Bank of America Corp. | Better Markets, Inc. | Center for Responsible Lending | National Consumer Law Center
BANKING OPERATIONS—Consumer groups urge OCC, FDIC to deny Avant bank charter
October 21, 2026
Colleen M. Svelnis, J.D.

The organizations alternatively requested a public hearing, asserting the application lacks essential data on refinancing rates, default rates, and underwriting processes. In a joint comment letter , the Center for Responsible Lending and National Co...

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FINANCIAL TECHNOLOGY—ABA, Better Markets respond to proposed GENIUS Act stablecoin rule
October 21, 2026
Colleen M. Svelnis, J.D.

Both the ABA and Better Markets requested revision of Treasury's proposed rules under Section 3 of the GENIUS Act, but they differed over reasonable belief protections and liability standards for digital asset service providers. In separate comment l...

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LOANS—ABA presses CFPB for small business lending rule implementation guidance
October 21, 2026
Colleen M. Svelnis, J.D.

The ABA asked whether institutions below the 1,000-loan threshold in 2025 and 2026 need not begin collecting data until after January 1, 2028. The American Bankers Association (ABA) has submitted nine questions asking the Consumer Financial Protectio...

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CAPITAL AND BASEL ACCORDS—Study links Basel III, stress tests to construction lending decline
October 21, 2026
Kathleen Bianco, J.D.

Builders previously financed by stress-tested banks saw borrowing fall 31.5 percent and new-home sales decline 11.0 percent relative to a comparison group after 2013. A research brief authored by Sheridan Titman, Deheng Xu, and Yiyuan Zhang and publi...

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WORTH NOTING—Other regulatory, legislative, litigation, and industry developments
October 21, 2026
WK Editorial Staff

A weekly roundup of other items of interest to the banking and finance law community. BANK SECRECY ACT— On October 16, the New England Teamsters Pension Fund filed suit against Bank of America Corporation and certain executives, alleging misrepresent...

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Banking & Consumer Finance

CRIMES AND OFFENSES—FinCEN identifies $270 million in potential student aid fraud

October 20, 2026 | By Nora Macaluso

A July alert urging banks to watch for fraud linked to student aid has been followed by the filing of nearly 100 suspicious activity reports, the Treasury said. The Treasury Department said its Financial Crimes Enforcement Network (FinCEN) has identi...

CRIMES AND OFFENSES—FinCEN identifies $270 million in potential student aid fraud
Organizations Mentioned:AFL-CIO | AMD | Alphabet | Amazon | Americans for Financial Reform Education Fund | Broadcom | Conference of State Bank Supervisors | Independent Community Bankers of America | Meta | Microsoft | Money Transmitter Regulators Association | National Association of Affordable Housing Lenders | National Association of State Credit Union Supervisors | National Conference of State Legislatures | Nvidia | Open Markets Institute | Oracle | SpaceX | The Century Foundation | Vanderbilt Policy Accelerator
VITAL BRIEFING—U.S. trade court certifies tariff refund class
October 20, 2026
Brad Rosen, J.D.

The certified class consists of all importers of record who paid duties imposed by challenged tariff orders between February 1, 2025, and February 19, 2026, except for those entities that have filed separate recovery actions under IEEPA. In this edit...

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COMMUNITY DEVELOPMENT—ICBA, NAAHL urge OCC-FDIC CRA alignment, split on thresholds
October 20, 2026
Lauren Bikoff, MLS

NAAHL estimated the proposed thresholds would leave more than 8.4 million additional people with thin community development-exam coverage and nearly 549,000 with none. In separate comment letters, the Independent Community Bankers of America (ICBA) a...

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FINANCIAL TECHNOLOGY—State regulatory organizations seek Treasury stablecoin safe harbors under GENIUS Act
October 20, 2026
John M. Pachkowski, J.D.

It would be consistent with the purposes of the GENIUS Act for Treasury to establish safe harbors for issuers that wish to operate under a state regime during the period following the GENIUS Act effective date. Four state organizations have urged the...

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FINANCIAL STABILITY—AI debt report urges bank stress tests for financial stability
October 20, 2026
John M. Pachkowski, J.D.

The ingredients for a serious crisis are in place and inaction regarding the growing risks would be a dangerous mistake. The Open Markets Institute and Americans for Financial Reform Education Fund have released a report, entitled “Brace for Impact: ...

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FINANCIAL TECHNOLOGY—BIS paper links higher deposit rates to slower stablecoin growth
October 20, 2026
John M. Pachkowski, J.D.

Research paper shows higher deposit rates predicted slower stablecoin growth when banks reprice faster above 3 percent policy rates and DeFi yields didn’t shield stablecoins. An October 2026 BIS working paper , authored by Rashad Ahmed and Iñaki Alda...

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Banking & Consumer Finance

BANKING OPERATIONS—S.D.N.Y.: JPMorgan seeks dismissal of Trump suit over alleged blacklist

October 19, 2026 | By Suzanne Cosgrove

The bank says the corporate plaintiffs sued almost three years after their contractual deadlines expired. JPMorgan Chase Bank, N.A. and James Dimon asked the U.S. District Court for the Southern District of New York to dismiss with prejudice Presiden...

BANKING OPERATIONS—S.D.N.Y.: JPMorgan seeks dismissal of Trump suit over alleged blacklist
Law Firms Mentioned:Brito, PLLC | Leon Cosgrove, LLC
Organizations Mentioned:Alabama Bankers Association | Alaska Bankers Association | American Bankers Association [#1, #2] | Arizona Bankers Association | Arkansas Bankers Association | Bank Policy Institute | California Bankers Association | Colorado Bankers Association | Consumer Bankers Association | DC Bankers Association | Florida Bankers Association | Georgia Bankers Association | Hawaii Bankers Association | Idaho Bankers Association | Illinois Bankers Association | Independent Community Bankers of America | Indiana Bankers Association | Iowa Bankers Association | JPMorgan Chase & Co. | Kansas Bankers Association | Kentucky Bankers Association | Louisiana Bankers Association | Maryland Bankers Association | Michigan Bankers Association | Minnesota Bankers Association | Mississippi Bankers Association | Missouri Bankers Association | Montana Bankers Association | National Community Reinvestment Coalition | Nebraska Bankers Association | Nevada Bankers Association | New Jersey Bankers Association | New Mexico Bankers Association | North Carolina Bankers Association | North Dakota Bankers Association | Ohio Bankers League | Oklahoma Bankers Association | Oregon Bankers Association | Pennsylvania Bankers Association | Puerto Rico Bankers Association | Rhode Island Bankers Association | South Carolina Bankers Association | South Dakota Bankers Association | Tennessee Bankers Association | Texas Bankers Association | Utah Bankers Association | Virginia Bankers Association | Washington Bankers Association | West Virginia Bankers Association | Wisconsin Bankers Association | Wyoming Bankers Association
COMMUNITY DEVELOPMENT—ABA backs agencies extended exam-cycle rule
October 19, 2026
Colleen M. Svelnis, J.D.

The banking association wants clarity for de novo banks and guidance on rapid asset growth that may justify more frequent examinations. In an October 14, 2026, letter sent to the Office of the Comptroller of the Currency (OCC), Federal Reserve Board,...

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COMMUNITY DEVELOPMENT—Banking trades, consumer groups at odds on Trump administration’s CRA proposal
October 19, 2026
Nora Macaluso

Banking groups urged government agencies to adopt proposed revisions to the CRA, while consumer and community groups argued that it would bring harm. The American Bankers Association and state banking groups urged the Trump administration to proceed ...

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FINANCIAL TECHNOLOGY—Banking groups seek 60-day comment extension for Fed GENIUS Act proposal
October 19, 2026
Colleen M. Svelnis, J.D.

Four banking industry associations say commenters could have only days to compare the Fed proposals with an OCC final rule reportedly planned by November. The American Bankers Association, Bank Policy Institute, Consumer Bankers Association and Indep...

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REGULATION TRACKER—Upcoming comment deadlines and effective dates
October 19, 2026
WK Editorial Staff

Comment deadlines and effective dates for regulatory activity issued by the federal financial institution agencies. The Banking and Finance Law Daily Regulation Tracker includes a Proposed Rules Comment Calendar and a table of Final Rule Effective Da...

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FINANCIAL TECHNOLOGY—CSBS warns of AI’s emerging risks and threats to financial institutions
October 19, 2026
Suzanne Cosgrove

Faster patching will not be sufficient against AI-enabled vulnerability discovery, blog post says, urging stronger controls. The power and capabilities of artificial Intelligence that could benefit the financial sector also can introduce significant ...

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