PLAY PODCASTS
Credit Union Regulatory Guidance Including: NCUA, CFPB, FDIC, OCC, FFIEC

Credit Union Regulatory Guidance Including: NCUA, CFPB, FDIC, OCC, FFIEC

136 episodes — Page 1 of 3

NCUA's Proposed Regulation on Auto Loan Participations

Jun 3, 202614 min

NCUA Proposal on Purchase, Sale, and Pledge of Eligible Obligations.

May 27, 20268 min

NCUA's 2025 Annual Report audio book style

May 20, 202622 min

NCUA's Request for Information Regarding Enhancing and Streamlining Data Collection From Credit Unions.

May 13, 20268 min

NCUA's Annual Performance Plan for Calendar Year 2026.

May 6, 202642 min

NCUA's Five Year Strategic Plan

Apr 29, 202633 min

NCUA's Proposal to Improve Associational Field of Membership

Apr 22, 202621 min

Ep 129NCUA’s 2026 Supervisory Priorities Letter to Credit Unions

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/The NCUA just released its 2026 Supervisory Priorities (Letter 26-CU-01), giving credit unions a heads-up on where examiners will be focusing this year.Here's what you need to know:The NCUA is doubling down on balance sheet management, with particular attention to lending, interest rate risk, liquidity, earnings, and capital adequacy. Loan delinquency and loss rates are at their highest in over a decade, and examiners will be looking closely at underwriting, loss mitigation, ACL reserves, and charge-off practices.Operational risk is a major theme. Payment systems, fraud prevention, and cybersecurity will all get heightened scrutiny as the payments landscape grows more complex and fraud risks continue to rise.BSA/AML compliance remains a priority, with an emphasis on risk-based programs tailored to each credit union's profile. Expect regulatory changes throughout the year as FinCEN and the NCUA continue implementing provisions of the Anti-Money Laundering Act of 2020.The agency is also signaling a shift toward a more efficient and tailored examination program, building on its 2025 efforts to reduce burden for both credit unions and NCUA staff. Defined scope exams will continue for most federal credit unions with $50 million or less in assets.What is NOT changing: The NCUA will continue enforcing all existing laws and regulations, including consumer financial protection and information security requirements. Risk-focused procedures remain the standard for larger credit unions.The 10,000-foot takeaway: Asset quality and earnings pressure are the story of 2026. Credit unions that can demonstrate strong risk management practices across lending, liquidity, and capital planning will be well positioned. Now is the time to review your ACL methodologies, stress testing, contingency funding plans, and BSA programs before examiners come knocking.One more thing worth noting: the NCUA reminds credit unions they may record their final exit meeting or joint conference for documentation and training purposes.If your credit union could use help preparing, visit MarkTreichel.com or reach out to Mark Treichel on LinkedIn. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Feb 15, 202613 min

Ep 117NCUA's Corporate Credit Union Proposed Rule Change

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Changes for Corporate Credit Unions – 12 CFR 704.8 and 704.15NCUA is proposing to amend its regulations for corporate credit unions by removing the requirement that a corporate credit union’s asset and liability management committee (ALCO) must have at least one member who is also a member of the corporate credit union’s board of directors. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jan 28, 20269 min

Ep 125NCUA's Proposed Rule:  Suretyship and Guaranty; Segregated Deposit and Collateral.

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/ the Board, seeks comment on a proposed rule to remove the segregated deposit and collateral requirements when a federally insured credit union, referred to as a F I C U, acts as a surety and guarantor. Removing this regulation will provide F I C U s with greater flexibility to design products that meet member needs. F I C U s would remain subject to the other requirements regarding surety and guaranty agreements. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jan 21, 20260 min

Ep 128NCUA Priority Letter 2026

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/NCUA's 2026 Priority Letter to Credit Unions is out! Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jan 20, 202613 min

Ep 124NCUA's proposal on Accuracy of Advertising and Notice of Insured Status

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/ The NCUA Board, referred to as the Board, is issuing this proposed rule to streamline its regulations governing advertising and the notice of insured status. This proposed rule would eliminate provisions concerning the official advertising statement. This action is undertaken to reduce regulatory complexity, and the intended effect is to reduce the administrative burden and costs for federally insured credit unions, referred to as FICU s, and provide them with greater flexibility in their advertising activities. The proposed rule would not amend requirements related to displaying the official sign. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jan 19, 202615 min

Ep 123NCUA's proposed changes to the Limits on Loans to Other Credit Unions regulation.

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/ The NCUA Board seeks comment on a proposed rule to remove the regulations related to approval and policies on making loans to other credit unions. While this provision would no longer be codified in regulation, Federal Credit Unions would remain subject to statutory requirements related to making loans to credit unions. Federally insured state-chartered credit unions would remain subject to any other applicable NCUA or state law or regulation. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jan 14, 20265 min

Ep 122NCUA's proposed changes to the Catastrophic Act Reporting Regulation.

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/ The N C U A Board is publishing this proposed rule to amend the requirements for federally insured credit unions to report catastrophic acts to the agency. By providing more time for federally insured credit unions to notify the agency of the occurrence of a catastrophic act and by eliminating the specific list of items to be documented, the Board expects the proposed rule to reduce the compliance burden and allow federally insured credit unions to focus their resources on recovery and core functions without compromising safety and soundness. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jan 12, 20266 min

Ep 127Consumer Financial Protection Bureau’s Consumer Credit Card Market Report

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Episode TitleCredit Card Risk, Consumer Stress, and the 18 Percent RealityEpisode DescriptionIn this episode, Samantha Shares reviews key findings from the Consumer Financial Protection Bureau’s latest Consumer Credit Card Market Report and explains what they mean for credit unions.The discussion focuses on how credit card usage has evolved since the pandemic, where growth is occurring, and why consumer stress signals remain elevated even as delinquency rates normalize. Samantha also explains how credit unions manage credit card risk differently from large banks, particularly given the statutory 18 percent loan-rate cap.This episode is designed to provide practical context for credit union leaders, board members, and exam preparation conversations.Key Topics CoveredHow large the credit card market has become and how embedded cards are in daily lifeWhy recent credit card spending growth is concentrated among higher-credit-score borrowersWhat rising balances and minimum-payment behavior signal about consumer stressWhy normalization in delinquency rates does not necessarily mean household finances are healthyHow credit cards are increasingly used for essential expenses rather than discretionary spendingWhy smaller issuers hold a larger share of higher-risk credit card balancesHow credit unions manage credit card risk under the 18 percent loan-rate capThe growing importance of underwriting discipline, credit limits, monitoring, and servicing controlsOperational risk trends, including disputes tied to recurring transactionsHow innovation, artificial intelligence, and alternative payment methods may shape future card usageWhy This Episode MattersCredit unions operate in a high-rate environment with uneven consumer stress while serving a membership base that often includes higher-risk borrowers. Understanding how credit card risk is distributed across the market—and how credit unions manage that risk structurally rather than through pricing—is essential for strategy, governance, and exam readiness.Sponsor MessageThis podcast is sponsored by Credit Union Exam Solutions Incorporated. Their team has over two hundred and forty years of National Credit Union Administration experience and helps credit unions prepare for and navigate NCUA examinations.Learn more at MarkTreichel.com.Related ContentWith Flying Colors podcastCredit Union Regulatory Guidance podcastArticles and resources at MarkTreichel.com Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jan 7, 202610 min

Ep 120NCUA Guidelines for Safeguarding Member Information.

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Changes for Guidelines for Safeguarding Member Information – 12 CFR 748 Appendix ANCUA is proposing to remove Appendix A to part 748, guidelines for safeguarding member information, from the Code of Federal Regulations. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jan 5, 20268 min

Ep 126OCC:  Semiannual Risk Perspective from the National Risk Committee, Fall 2025.

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Show Notes In this episode of Samantha Shares, we present an audio version of the Semiannual Risk Perspective from the National Risk Committee, Fall 2025, issued by the Office of the Comptroller of the Currency.This report provides a comprehensive overview of conditions in the federal banking system, including balance sheet strength, capital and liquidity levels, earnings performance, and emerging risks. The document discusses trends in credit quality across major loan categories, underwriting standards, commercial real estate conditions, and market and liquidity risk. It also highlights key operational and compliance considerations, including cybersecurity threats, fraud risk, and the evolving regulatory environment.The report examines the role of financial innovation, including artificial intelligence and payment system developments, and outlines how banks are balancing innovation opportunities with governance and risk management expectations. It concludes with an assessment of the economic environment and bank performance, including interest rate trends, profitability, and resilience under potential stress.This episode is a near-verbatim spoken reading of the source document. It is provided for educational purposes only and is not legal advice.Sponsor This episode is sponsored by Credit Union Exam Solutions Incorporated. Our team has over two hundred and forty years of National Credit Union Administration experience and assists credit unions with NCUA examinations so they can save time and money. Learn more at Mark Treichel dot com.Related Podcast Be sure to also check out our companion podcast, With Flying Colors, where we share practical insights and strategies to help credit unions achieve success with NCUA. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Dec 29, 20256 min

Ep 119NCUA: Guidance on Response Programs for Unauthorized Access to Member Information and Member Notice

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Changes for Guidance on Response Programs for Unauthorized Access to Member Information and Member Notice – 12 CFR 748 Appendix BNCUA is proposing to remove Appendix B to part 748, guidance on response programs for unauthorized access to member information and member notice, from the Code of Federal Regulations. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Dec 24, 20257 min

Ep 121GAO: FEDERAL HOME LOAN BANKS Role During Financial Stress and Members' Borrowing Trends and Outcomes

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/"Most banks maintained relatively consistent reliance on Federal Home Loan Bank advances — including during periods of financial stress."— Government Accountability OfficeThe GAO just dropped a detailed report examining the Federal Home Loan Bank system during COVID-19 and the March 2023 banking stress.Here's what they actually found (without the noise):What the data shows:• FHLBank advances functioned as a stabilizing liquidity tool — not a risk amplifier• Especially true for institutions under $10 billion in assets• Consistent usage patterns even during stress periods• No evidence of panic borrowing or destabilizing effectsWhy it matters: While everyone was wringing their hands about liquidity risk, most community institutions used FHLBanks exactly as designed — as a reliable backstop when deposits got shaky.The real takeaway: For smaller institutions, FHLBank membership provided stability when they needed it most. Not a crutch. Not a risk factor. Just a tool that worked.I've posted a ~9-minute audio summary walking through what the GAO actually found.🎧 Listen at MarkTreichel.com or on your favorite podcast app (Samantha Shares).Translation: FHLBanks did their job. The system worked as intended. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Dec 22, 20259 min

Ep 118NCUA Supervisory Committee Audit and Verfication Proposed Regulation

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Changes for Supervisory Committee Audits and Verifications – 12 CFR 715NCUA is proposing to amend its regulations governing supervisory committee audits to eliminate unnecessary, redundant, and overly prescriptive provisions. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Dec 15, 202511 min

Ep 116NCUA Announces Deregulation Project Consistent with Trump Presidential Order

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/NCUA Announces Deregulation Project and First Round of Proposed Regulatory ChangesStakeholders Are Encouraged to Review Notice of Proposed Rulemaking and Submit CommentsALEXANDRIA, VA (December 10, 2025) – The National Credit Union Administration today announced the first round of proposed regulatory changes associated with a new initiative to review and potentially revise the agency’s regulations. This initiative, NCUA’s Deregulation Project, follows This is an external link to a website belonging to another federal agency, private organization, or commercial entity.Executive Order 14192, Unleashing Prosperity Through Deregulation(Opens new window).NCUA’s Deregulation Project will involve a comprehensive review of regulations documented in Title 12, Chapter VII of the Code of Federal Regulations. This review will ensure the regulations are focused on the safety, soundness, or resilience of credit unions. Further, NCUA will propose changing or removing regulations that are:Obsolete;Duplicative of statutory requirements;Intended to serve as guidance, not requirements; orOverly burdensome.In addition to announcing the project, NCUA is requesting comments on four proposals that would clarify agency guidance or eliminate unduly burdensome or obsolete requirements in This is an external link to a website belonging to another federal agency, private organization, or commercial entity.the Federal Register(Opens new window).The four proposals include:Changes for Corporate Credit Unions – 12 CFR 704.8 and 704.15NCUA is proposing to amend its regulations for corporate credit unions by removing the requirement that a corporate credit union’s asset and liability management committee (ALCO) must have at least one member who is also a member of the corporate credit union’s board of directors.For more information on this proposal, please see: This is an external link to a website belonging to another federal agency, private organization, or commercial entity.https://www.federalregister.gov/public-inspection/2025-22487/corporate-credit-unions(Opens new window)Changes for Supervisory Committee Audits and Verifications – 12 CFR 715NCUA is proposing to amend its regulations governing supervisory committee audits to eliminate unnecessary, redundant, and overly prescriptive provisions.For more information on this proposal, please see: This is an external link to a website belonging to another federal agency, private organization, or commercial entity.https://www.federalregister.gov/public-inspection/2025-22488/supervisory-committee-audits-and-verifications(Opens new window)Changes for Guidelines for Safeguarding Member Information – 12 CFR 748 Appendix ANCUA is proposing to remove Appendix A to part 748, guidelines for safeguarding member information, from the Code of Federal Regulations.For more information on this proposal, please see: This is an external link to a website belonging to another federal agency, private organization, or commercial entity.https://www.federalregister.gov/public-inspection/2025-22489/guidelines-for-safeguarding-member-information(Opens new window)Changes for Guidance on Response Programs for Unauthorized Access to Member Information and Member Notice – 12 CFR 748 Appendix BNCUA is proposing to remove Appendix B to part 748, guidance on response programs for unauthorized access to member information and member notice, from the Code of Federal Regulations.For more information on this proposal, please see: This is an external link to a website belonging to another federal agency, private organization, or commercial entity.https://www.federalregister.gov/public-inspection/2025-22490/guidance-response-programs-for-unauthorized-access-to-member-information-and-member-notice(Opens new window) Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Dec 11, 20254 min

Ep 114NCUA's Proposed Rule to Eliminate Reputation Risk

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/n this episode of Samantha Shares, we present the verbatim text of the N C U A’s proposed rule on Elimination of Reputation Risk.The document covers:A Summary of the proposed rule to eliminate reputation risk from N C U A’s supervisory framework.Background and Policy Objectives — why reputation risk is subjective, inconsistent, and prone to examiner bias.Legal Authority — the Federal Credit Union Act provisions that give N C U A power to regulate.Description of the Proposed Rule and Changes — prohibiting examiners from citing, criticizing, or taking action against credit unions for reputation risk, including political, cultural, or religious reasons.Expected Effects — how this will affect all 4,370 federally insured credit unions, their members, and business partners.Regulatory Procedures — transparency, cost analysis, and references to Executive Orders and statutory requirements.The proposal directly addresses concerns that reputation risk was being misused in examinations, particularly around politically sensitive or lawful but disfavored activities.This audiobook-style episode presents the full Federal Register text as released, unedited and verbatim, for educational purposes. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Nov 5, 202522 min

Ep 115CFPB Fair Credit Reporting Act; Preemption of State Laws

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Hello, this is Samantha Shares. This episode covers the Fair Credit Reporting Act; Preemption of State Laws. The following is an audio version of that document. This podcast is educational and is not legal advice. We are sponsored by Credit Union Exam Solutions Incorporated, whose team has over two hundred and forty years of National Credit Union Administration experience. We assist our clients with N C U A so they save time and money. If you are worried about a recent, upcoming, or in-process N C U A examination, reach out to learn how they can assist at Mark Treichel DOT COM. Also check out our other podcast called With Flying Colors, where we provide tips on how to achieve success with N C U A. And now, the Fair Credit Reporting Act; Preemption of State Laws.The Consumer Financial Protection Bureau is issuing this interpretive rule to clarify that the Fair Credit Reporting Act broadly preempts state laws that attempt to regulate credit reporting. This action reflects Congress’s original intent to create national standards for the credit reporting system. This interpretive rule replaces an earlier Bureau rule from July twenty twenty-two, which had taken a narrower view of preemption. That rule was withdrawn in May twenty twenty-five.The Fair Credit Reporting Act, or F C R A, was enacted in nineteen seventy and has been amended several times since. It established a national system for credit reporting and set rules for consumer reports and the use of consumer information. From the beginning, the law preempted state laws that were inconsistent with its provisions. In nineteen ninety-six, Congress strengthened this preemption by adding a new clause that barred states from regulating in certain specifically identified areas. This was meant to avoid a patchwork of conflicting rules. Originally, this stronger preemption was set to expire in two thousand four, but in two thousand three, Congress made it permanent. The intent was clear: to preserve uniform national standards and support the growth of the national credit reporting system.In July twenty twenty-two, the Bureau published an interpretive rule suggesting that section sixteen eighty-one tee, subsection b, paragraph one, had only a narrow sweep. It concluded that many state laws affecting consumer reports could stand alongside federal law. For example, it suggested that state laws regulating medical debt, rental history, or arrest records could coexist with the F C R A. That interpretation was controversial. In May twenty twenty-five, the Bureau withdrew that interpretive rule, stating that it was unnecessary and that agencies lack special authority to interpret preemption unless Congress specifically delegates it. The Bureau also found that the twenty twenty-two rule created confusion and risked imposing higher compliance burdens. The Bureau now clarifies that the prior interpretation was flawed. The F C R A’s preemption clause was written in broad terms and must be applied broadly.The text of section sixteen eighty-one tee, subsection b, paragraph one, uses sweeping language: “No requirement or prohibition may be imposed under the laws of any State with respect to any subject matter regulated under” certain provisions of the Act. Congress deliberately used expansive phrases like “no requirement or prohibition,” “with respect to,” and “relating to.” Read together, these show that Congress meant to occupy the field of consumer reporting.The legislative history supports this interpretation. In the nineteen ninety-six amendments, lawmakers stressed the need for a uniform national credit system. In two thousand three, Congress decided to make preemption permanent, concluding that the national credit reporting system had expanded access to credit, lowered costs, and accelerated decisions. Allowing states to impose their own requirements would fracture the system, increase compliance costs, and undermine the usefulness of credit reports. Consumers would no longer be able to take their credit history with them as they moved, and lenders would struggle to compare creditworthiness across state lines.The Bureau emphasizes that state laws attempting to regulate core areas of credit reporting—such as prescreening, dispute procedures, adverse action notices, or the content of consumer reports—are preempted. State efforts to ban certain categories of information, such as medical debt or rental arrears, are also preempted. The Bureau explains that rules about how long information may remain on a report and whether it may appear in the first place are points on the same continuum. Allowing states to prohibit categories outright would contradict Congress’s intent.For the financial services industry, the rule restores clarity. Credit bureaus, lenders, and providers of consumer information can look to federal law as the governing standard without having to reconcile fifty different state regimes. For consumers,

Oct 29, 20255 min

Ep 113NCUA's Frequently Asked Questions Regarding Suspicious Activity Reporting Requirements

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Hello, this is Samantha Shares. This episode covers Frequently Asked Questions. The following is an audio version of that document. This podcast is educational and is not legal advice. We are sponsored by Credit Union Exam Solutions Incorporated, whose team has over two hundred and forty years of National Credit Union Administration experience. We assist our clients with N C U A so they save time and money. If you are worried about a recent, upcoming or in process N C U A examination, reach out to learn how they can assist at Mark Treichel dot com. Also check out our other podcast called With Flying Colors where we provide tips on how to achieve success with N C U A. And now the Frequently Asked Questions Regarding Suspicious Activity Reporting Requirements. October 3, 2005. The Financial Crimes Enforcement Network, jointly with the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision, is issuing interpretive guidance in response to questions received regarding the filing of Suspicious Activity Reports. The purpose of this guidance is to clarify the regulatory expectations and requirements for financial institutions with respect to the reporting of suspicious activity. Financial institutions are reminded that Suspicious Activity Reports are one of the most important sources of information available to law enforcement and regulatory agencies for detecting financial crime, and are used in a wide range of investigations and enforcement actions. Below are answers to frequently asked questions regarding suspicious activity reporting requirements. Question 1: S A R Filings for Potential Structuring related Activity. Is a financial institution required to file a S A R for transactions or a series of transactions in which a person or persons are structuring transactions to avoid the C T R threshold, even though the total amount of currency involved does not exceed ten thousand dollars? Yes. The mere purpose of structuring is evidence of suspicious activity regardless of the amount. If one person or two or more persons act together to break up currency transactions to avoid the ten thousand dollar C T R threshold, then information sufficient to identify the activity should be reported on a S A R. For example, if an individual conducts multiple cash deposits of nine thousand five hundred dollars or less into different accounts to evade a C T R, the financial institution is required to file a S A R. A financial institution is required to file a S A R for a transaction conducted or attempted by, at, or through the institution if it involves or aggregates at least five thousand dollars in funds or other assets, and the institution knows, suspects, or has reason to suspect that the transaction: One, involves funds derived from illegal activities or is intended to hide or disguise funds from illegal activities. Two, is designed to evade Bank Secrecy Act requirements, such as structuring to avoid a C T R. Three, has no business or apparent lawful purpose. FinCEN has consistently advised that financial institutions must file S A R s for structuring even when the total amount of currency is less than ten thousand dollars. Under FinCEN guidance, structuring transactions to evade reporting requirements is suspicious in and of itself and must be reported. Financial institutions should not ignore structuring simply because the total amount falls below the C T R threshold. The fact that the amount is below ten thousand dollars does not eliminate the obligation to file a S A R. Question 2: Continuing Activity Reviews. Is a financial institution required to conduct a review of a customer or account following the filing of a S A R to determine whether suspicious activity has continued? Yes. Recognizing that suspicious conduct does not end once an initial S A R is filed, FinCEN guidance issued in October two thousand advised that institutions must review their S A R filings to determine whether additional S A R s should be filed. The continuing review should determine whether suspicious activity has persisted and whether further S A R s are warranted. Institutions are required to file continuing activity S A R s no later than ninety days after the date of the previously related S A R filing, if suspicious activity continues. Financial institutions must establish policies and procedures to identify and report ongoing suspicious activity. Institutions are expected to document reviews conducted and provide the rationale for whether a subsequent S A R is necessary. Question 3: Continuing Activity Reviews – Timeline. What is the timeline for a financial institution that elects to file S A R s in accordance with FinCEN’s continuing suspicious activity guidance? As noted in prior F A Qs, FinCEN previously recommended

Oct 22, 20256 min

Ep 111NCUA Chairman Hauptman On Regulation by Enforcement

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Hello, this is Samantha Shares. This episode covers Chairman Hauptman on Regulation by Enforcement. The following is an audio version of that document. This podcast is educational and is not legal advice. We are sponsored by Credit Union Exam Solutions Incorporated, whose team has over two hundred and forty years of National Credit Union Administration experience. We assist our clients with N C U A so they save time and money. If you are worried about a recent, upcoming or in process N C U A examination, reach out to learn how they can assist at Mark Treichel dot com. Also check out our other podcast called With Flying Colors where we provide tips on how to achieve success with N C U A. And now the document. Chairman Hauptman On Regulation by Enforcement ALEXANDRIA, VA, October 1, 2025 – The National Credit Union Administration Chairman Kyle S. Hauptman issued the following statement about N C U A’s No Regulation-by-Enforcement Policy: Today’s policy statement fulfills a goal listed back in January upon being designated as Chairman: “Codifying our procedures to protect Americans from regulation-by-enforcement. For example, no enforcement action should ever set―or even clarify― policy. In America and other free societies, the sequence is: set speed limits, then give speeding tickets (no one has any obligation to be aware of someone else’s ticket).” To be clear, this agency has a good track record regarding regulation-by-enforcement, so this statement shouldn’t be viewed as being the result of any recent N C U A actions. After all, it’s counterproductive for a deposit insurer to engage in regulation-by-enforcement against the same institutions we insure. That said, it’s important to put in writing a policy of fairness, whereby government employees give regulated credit unions the same due-process that they, under civil servant protections, rightly expect in their own careers. Today’s statement is born partly of my frustrating interactions with regulators, both in my time on Capitol Hill and in the private sector. I know that millions of others share the frustration of being told ‘if you want to figure out the rules, look at our prior settlements.’ Americans expect better from their government, including financial regulators. No Regulation-by-Enforcement Policy Statement Regulation-by-enforcement is unethical and not permitted at N C U A. Enforcement actions shall only occur in the case of clear and significant violations of law or regulation. Therefore, no person or entity regulated by N C U A has any obligation to be aware of any prior N C U A enforcement actions because no new policy is ever set via an enforcement action. No enforcement action, nor the timing of enforcement actions, shall be motivated by trying to boost the agency’s enforcement totals or get the enforcement done in a certain fiscal or calendar year. Enforcement is a necessary tool, but is not, by itself, an accomplishment or a metric of success. Our goal is for credit unions to operate safely and soundly and in compliance with applicable laws and regulations. We will seek to remedy any such problems whenever we can without needing to use enforcement action. The goal is to resolve any problems, not to issue press releases, rack up enforcement numbers or improve the post-N C U A career options of agency staff. We don’t set “speed traps” to increase enforcement totals. A guiding principle here is avoiding double-standards. In their own careers, civil servants are protected against arbitrarily poor performance reviews, allegations of misconduct, wrongful termination and other things that could harm their career path. In turn, government employees must extend the same due process protections to those they regulate. If N C U A finds a harmful practice that threatens our mission or is otherwise injurious or abusive, and it is not currently addressed by law or regulation, then our next step is to consider rulemaking or other remedy. As is the norm in America, the sequence of events at N C U A is: one, publish rules, two, then and only then, enforce them. This concludes the document. If your credit union could use assistance with your exam, reach out to Mark Treichel on LinkedIn, or at Mark Treichel dot com. This is Samantha Shares and we thank you for listening. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors

Oct 15, 20254 min

Ep 112Catch a Cruise With Flying Colors and CUES?

Take a Cruise with CUES and With Flying Colors!https://www.cues.org/professional-development-and-events/cues-florida-council-spring-2026-cruise

Oct 11, 20251 min

Ep 110NCUA Discontinues Risk Ratings Eliminates Reputation Risk Under Executive Order Guaranteeing Fair Banking for All Americans

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/ N C U A Discontinues Risk Ratings and Reputational RiskShow Notes In this episode, Samantha Shares provides an audio version of the recent N C U A communications announcing the discontinuation of risk ratings and the elimination of reputational risk in credit union examinations.In early September, N C U A emailed CEOs and Board Chairs that it would stop using individual risk ratings for categories like Credit, Liquidity, and Strategic risk. Later that month, the agency issued a press release confirming it would no longer use reputational risk or equivalent concepts, in line with White House Executive Order Fourteen Three Three One.Listeners will hear the original text of these letters and announcements, voiced audiobook-style, without added commentary. This principle-based guidance is designed to streamline examinations, reduce duplicative scoring, and focus examiner attention on material issues reflected in CAMELS ratings.Key points covered in the episode include:The removal of duplicative risk ratings for the seven traditional risk categories.Confirmation that N C U A examiners will still assess risk, but only in the context of CAMELS ratings.The elimination of reputational risk as a supervisory concept.Clarification that issues such as litigation exposure or insider abuse will still be reviewed under material financial impact.An emphasis on more streamlined examination reports and communications with credit unions.This audiobook-style presentation is intended as an educational resource for credit union leaders and boards.Disclaimer This podcast is educational and is not legal advice.Sponsor Message Credit Union Exam Solutions Incorporated provides consulting support from a team with more than two hundred and forty years of N C U A experience. If your credit union is preparing for or undergoing an N C U A exam, visit MarkTreichel.com to learn more. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Oct 8, 20255 min

Ep 109Tips on Starting an NCUA Exam Efficiently

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Tips on Starting an Exam Efficiently Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Aug 20, 20255 min

Ep 108Office of the Comptroller of the Currency's Semiannual Risk Perspective Spring 2025.

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Show Notes: OCC Semiannual Risk Perspective Spring 2025Episode OverviewThis episode covers the Office of the Comptroller of the Currency's Semiannual Risk Perspective for Spring 2025, providing valuable insights for credit unions on key banking risks and industry trends.Key Topics CoveredFederal Banking System Key ThemesOverall system strength remains sound despite economic uncertaintyCommercial credit risk increasing due to geopolitical risks and sustained higher interest ratesRetail credit risk stable but consumer sentiment decliningMarket and liquidity risk stable with improved net interest marginsOperational risk elevated due to cyber threats and digitalization challengesCompliance risk remains elevatedEconomic Operating EnvironmentGlobal: Slow growth forecast for 2025, trade policy uncertainty, geopolitical tensionsDomestic: GDP 12% above pre-pandemic peak, unemployment at 4.2%, but economic uncertainty growingProjections: 1.2% growth in 2025, 1.3% in 2026; PCE inflation expected to reach 3.6% by Q3 2025Credit Risk InsightsCommercial CreditCRE market conditions vary by property typeOffice vacancies projected to continue rising into 2026Multifamily market expected to stabilize later in 2025Refinance risk high for loans underwritten during low-rate periodsTrade disruptions may compress industry marginsRetail CreditDelinquency rates manageable but trending upwardConsumer payment prioritization favoring low-rate mortgagesTighter lending standards across consumer categoriesNatural disaster impacts on insurance and collateral administrationMarket RiskNet interest margins improved in second half of 2024Unrealized investment losses remain a concern10-year Treasury yield volatility affecting portfolio valuesInterest rate risk scenario testing critical given uncertaintyOperational RiskCybersecurityContinued targeting by threat actors with ransomwareIncrease in "double extortion" attacksATM jackpotting attempts risingThird-party dependencies creating single points of failureInnovation & TechnologyCautious AI adoption with focus on fraud detection and credit underwritingLegacy system challenges amid digitalization demandsNew OCC guidance on crypto-asset activities (IL 1183 and IL 1184)Board oversight responsibilities for new technologiesFraud Risk ManagementTraditional payment methods still targetedSocial engineering and phishing schemes prevalentFirst-party fraud and insider abuse concernsImportance of customer education and staff trainingCompliance RiskBSA/AML and OFACElevated fraud levels increasing SAR filing obligationsFintech partnerships may lack adequate compliance resourcesCorporate Transparency Act requirements removed for US companiesNeed for continued CDD rule complianceConsumer ComplianceInvestigation and resolution timeframes criticalNew deposit products requiring clear communicationsRising insurance premiums affecting flood insurance complianceBank PerformanceReturn on equity stable at 11.7% for federal banking systemNet interest income growth slowed due to funding costsLoan growth weak at 1.6%, driven by C&I loan declinesBalance sheet positioning may benefit from future rate cutsNet charge-off rates historically strong despite slight increasesKey StatisticsFederal banking system liquid assets: 31% of total assets (vs. 16% in 2008)Employment: 5.5 million above pre-pandemic peakUnemployment rate: 4.2%Q1 2025 job creation: 177,000Federal banking system loan growth: 1.6%Deposit growth: 1.6%Important Dates & Regulatory UpdatesMarch 7, 2025: OCC issued IL 1183 on crypto-asset activitiesMay 7, 2025: OCC issued IL 1184 on crypto-asset custody servicesMarch 2025: Treasury removed beneficial ownership reporting requirementsSeptember 2024: Federal Reserve began rate cuts (100 basis points total)Credit Union ApplicationsWhile this report focuses on OCC-supervised institutions, the principle-based guidance provides excellent insights for credit unions to:Assess similar risk exposuresBenchmark risk management practicesPrepare for evolving regulatory expectationsUnderstand industry-wide trends affecting the financial sectorSponsor InformationCredit Union Exam Solutions LLCOver 240 years of combined NCUA experienceAssists credit unions with NCUA examinationsContact: Mark Treichel at MarkTreichel.comLinkedIn: Mark TreichelRelated ResourcesOCC Bulletin 2017-43: "New, Modified, or Expanded Bank Products and Services"OCC Bulletin 2023-17: "Third-Party Relationships: Interagency Guidance"OCC Bulletin 2019-37: "Operational Risk: Fraud Risk Management Principles"With Flying Colors Podcast: NCUA examination tips and strategiesThis podcast is educational and is not legal advice. Content reflects conditions as of December 31, 2024, unless otherwise noted. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the

Jul 23, 202534 min

Ep 107FDIC's Consumer Compliance Supervisory Highlights for July 2025

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Show Notes: FDIC Consumer Compliance Supervisory Highlights - July 2025Episode SummaryIn this episode, we break down the FDIC's latest Consumer Compliance Supervisory Highlights report, covering 2024 examination results and compliance trends. While focused on FDIC-supervised institutions, this principle-based guidance serves as an excellent roadmap for credit unions and all financial institutions.Key TakeawaysOverall Performance97% of FDIC-supervised institutions rated satisfactory or better for consumer compliance800 consumer compliance examinations conducted in 2024Risk-focused examination approach targets areas with greatest potential for consumer harmTop 5 Most Cited Violations (73% of all violations)Truth in Lending Act (TILA) - 470 violations (37%)Periodic statement disclosure failuresGood faith estimate timing issuesLoan cost breakdown requirementsFlood Disaster Protection Act (FDPA) - 143 violations (11%)Failure to provide required flood insurance45% of FDPA violations related to this single issueTruth in Savings Act (TISA) - 129 violations (10%)Inadequate deposit account disclosuresPre-opening disclosure failuresElectronic Fund Transfer Act (EFTA) - 122 violations (10%)Error investigation procedure failuresTiming and reporting requirement violationsHome Mortgage Disclosure Act (HMDA) - 65 violations (5%)Incomplete data collection and reportingMissing required borrower and loan informationEnforcement Actions & Restitution31 formal and 23 informal enforcement actions$5.6 million in civil money penalties$33.3 million in voluntary restitution to ~400,000 consumers3 referrals to Department of Justice for discrimination violationsConsumer Complaint Trends26,451 complaints closed (14% increase from 2023)100% acknowledgment within 14 days98.6% response rate within performance goalsTop Complaint Categories:Credit cards: 4,733 complaints (29%)Checking accounts: 3,152 complaints (19%)Installment loans/CLOC: 2,708 complaints (12%)Residential real estate: 844 complaints (5%)Most Common Issues:Credit reporting disputes (18%)Transaction errors (9%)Accounts opened without knowledge (6%)Disclosure problems (6%)Service availability issues (5%)Emerging Trends13% increase in third-party provider-related complaints (4,282 cases)Growing vendor oversight challengesPersistent credit reporting and account opening issuesFair lending complaints decreased 9% (68 to 62 cases)Key Compliance Areas for FocusHigh-Risk AreasDisclosure Management: TILA, TISA, and HMDA reporting accuracyOperational Procedures: Flood insurance, error resolution processesVendor Oversight: Third-party provider compliance monitoringData Collection: HMDA and other regulatory reporting requirementsProactive StrategiesImplement robust disclosure review processesEnhance staff training on operational complianceStrengthen vendor management programsMonitor complaint trends as early warning indicatorsWhy This Matters for Credit UnionsWhile this report focuses on FDIC-supervised banks, the consumer protection laws and compliance principles apply broadly across financial services. Credit unions can use these insights to:Benchmark their compliance performanceIdentify potential risk areas before they become problemsEnhance training and procedures in high-violation areasImprove vendor management practicesResources MentionedFDIC Consumer Compliance Examination ManualFederal Financial Institutions Examination Council (FFIEC) Rating SystemFDIC National Center for Consumer and Depositor AssistanceHost NotesThis episode provides actionable insights for compliance professionals, with extensive use of direct quotes from the FDIC report to ensure accuracy. The data shows that while most institutions are performing well, concentrated issues in specific areas offer clear opportunities for improvement across the industry. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jul 16, 202518 min

Ep 105NCUA Exam Alert: Risk Management Framework Essentials That Pass Exams

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Hello, this is Samantha Shares. This podcast is educational and is not legal advice.Banking agencies have curtailed issuance of new guidance and regulations under the current administration. As a result, and to continue providing our listeners with valuable new episodes, we're excited to share our new initiative and cohost. We'll be providing AI-powered summaries of evergreen episodes from our sister podcast With Flying Colors. These episodes will highlight the key points in an easy-to-digest eight to twelve minute format.We continue to embrace Artificial Intelligence, and like my voice, these new episodes will be introduced by me and then narrated by our guest AI voice. Today, Daniel will discuss 'NCUA Exam Alert: Risk Management Framework Essentials That Pass Exams.' This episode is also available on YouTube in AI video format, so be sure to check that out as well!Now, here's Daniel with your summary. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jul 9, 20259 min

Ep 104Insider Dealing and Conflicts of Interest: NCUA's Letter to Credit Unions from 1986

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/https://www.linkedin.com/in/mark-treichel/ Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jul 2, 20256 min

Ep 106Fighting Payments Fraud: A Deep Look into Federal Banking Agencies' New Initiative

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Episode: Fighting Payments Fraud - Federal Banking Agencies Launch Major InitiativeEpisode SummaryThree major federal banking agencies have joined forces to combat the explosive growth in payments fraud across America. In this episode, we break down the comprehensive Request for Information issued by the OCC, Federal Reserve, and FDIC on June 20, 2025, seeking public input on how to better protect consumers, businesses, and financial institutions from fraud schemes.Key Takeaways🚨 Alarming Statistics:Non-card payments fraud losses increased 271% between 2020-2024Suspicious Activity Reports for check, ACH, and wire fraud up 489% since 2014Check fraud alone has risen 385% since COVID-19Check fraud accounts for 30% of all fraud-related SARs filed in 2023💰 Financial Impact:Fraud reports for payments apps, bank transfers, wire transfers, and checks resulted in $2.99 billion in losses in 2024, up from $806 million in 2020Five Key Areas Federal Agencies Are TargetingExternal Collaboration - How can stakeholders work together more effectively?Education - Better fraud prevention education for consumers, businesses, and industryRegulation & Supervision - Potential regulatory changes and clearer guidanceData Collection - Standardizing and centralizing fraud data sharingReserve Bank Tools - Enhanced fraud detection and prevention servicesNotable Quotes"Payments fraud has the potential to erode public trust in—and undermine the safety, accessibility, and efficiency of—the nation's payments system, upon which the U.S. financial system depends.""No agency or private-sector entity can address payments fraud on its own."Payments fraud data is currently "collected in an incomplete, non-standardized, ad hoc, and fragmented way."What's at StakeCheck Vulnerability: Paper checks contain sensitive information including account numbers, routing numbers, addresses, and signatures that criminals can exploitMulti-Institution Schemes: Fraud often involves multiple banks and payment methods across different regulatory jurisdictionsTrust in the System: Continued fraud growth threatens confidence in the entire U.S. payments infrastructureRegulatory Focus AreasRegulation CC ChangesThe Federal Reserve is considering amendments to funds availability rules, asking whether:Technological advances allow for shorter hold periodsCurrent fraud detection capabilities justify faster fund accessBetter dispute resolution mechanisms are neededIndustry Pain PointsBanks struggle with interbank disputes over fraudulent check liabilitySmall community banks need additional fraud prevention resourcesCurrent data sharing restrictions limit collaborative fraud fightingWhat Happens NextComment Deadline: September 18, 2025Who Can Participate:Banks and credit unionsFintech companiesConsumer advocacy groupsTechnology providersPayment processorsAnyone affected by payments fraudQuestions Agencies Want AnsweredWhat technological solutions work best for fraud prevention?How can fraud education be more effective?Should Reserve Banks require fraud reporting across all payment rails?What barriers prevent better data sharing between institutions?How can confirmation of payee services reduce fraud?Why This Matters to YouWhether you're a banking professional, fintech entrepreneur, or consumer who's experienced fraud, this initiative could reshape how America fights payments fraud. The agencies are serious about getting input from all stakeholders to build a more secure payments ecosystem.ResourcesFederal Register Document: Vol. 90, No. 117, June 20, 2025, pages 26293-26298Comment Submission: Multiple agencies accept comments through regulations.gov and agency websitesAgency Contacts: Specialized fraud and payments policy teams at OCC, Federal Reserve, and FDICEpisode LengthApproximately 10 minutesTags#PaymentsFraud #BankingRegulation #FederalReserve #OCC #FDIC #CheckFraud #Fintech #PaymentSecurity #RegulatoryPolicy #FinancialCrimesThis episode is based on official federal regulatory documents. For the most current information, consult the Federal Register and agency websites. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jun 25, 20258 min

Ep 103NCUA's Civil Money Penalty Authorities and What You Need to Know

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/https://www.linkedin.com/in/mark-treichel/ Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jun 18, 20254 min

Ep 102Letters of Understanding and Agreement (LUAs)

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/https://www.linkedin.com/in/mark-treichel/www.marktreichel.com Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jun 11, 20256 min

Ep 101Preliminary Warning Letters: Per NCUA's National Supervision Policy Manual (NSPM)

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/ Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Jun 4, 20258 min

Ep 100What Are NCUA's Enforcement Options and Philosophy?

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Enforcement actions range from formal to informal, and minor to drastic. Today we discuss what NCUA's philosophy is in this regard. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

May 28, 20256 min

Ep 99What is NCUA's Authority to Remove Officials?

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/The Federal Credit Union Act allows NCUA to remove officials. We explain how. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

May 21, 20254 min

Ep 98NCUA's Supervisory Letter on Enterprise Risk Management

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/https://ncua.gov/regulation-supervision/letters-credit-unions-other-guidance/enterprise-risk-management-erm Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

May 14, 202514 min

Ep 97Involuntary Liquidations: Why and How Does NCUA Do Them?

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/The National Credit Union Administration (NCUA) today liquidated Unilever Federal Credit Union of Englewood Cliffs, New Jersey. The NCUA made the decision to liquidate Unilever Federal Credit Union and discontinue operations after determining the credit union was insolvent and had no prospect for restoring viable operations.Member deposits are federally insured by the National Credit Union Share Insurance Fund to at least $250,000. NCUA’s Asset Management and Assistance Center will issue correspondence to individuals holding verified share accounts in the credit union within one week. Members may direct questions and other inquiries concerning their accounts to NCUA’s Asset Management and Assistance Center:Unilever Federal Credit Unionc/o National Credit Union Administration10910 Domain Dr., Suite 200Austin, Texas 787581.877.715.0777 or [email protected] with additional questions about their insurance coverage may contact NCUA’s Consumer Assistance Center toll free at 800.755.1030. The Center answers calls Monday–Friday between 8 a.m. and 5 p.m. Eastern. Individuals may also visit the MyCreditUnion.gov(Opens new window) website at any time for more information about their insurance coverage.Unilever Federal Credit Union served 1,448 members and had assets of $46,669,599, according to the credit union’s most recent Call Report. Chartered in 1948, Unilever Federal Credit Union primarily served employees of UNUS, Unilever United States, Inc, and its directly or indirectly wholly owned subsidiaries who work in or are paid from Englewood Cliffs, New Jersey. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

May 7, 20259 min

Ep 96NCUA Reopens Public Comment on Succession Planning

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Hello, this is Samantha Shares. This episode covers NCUA’s reopening the public comment period on two recently finalized rules that haven’t fully taken effect yet. This podcast is educational and is not legal advice. We are sponsored by Credit Union Exam Solutions Incorporated, whose team has over two hundred and Forty years of National Credit Union Administration experience. We assist our clients with N C U A so they save time and money. If you are worried about a recent, upcoming or in process N C U A examination, reach out to learn how they can assist at Mark Treichel DOT COM. Also check out our other podcast called With Flying Colors where we provide tips on how to achieve success with N C U A.Today, we’re diving into an important update from the National Credit Union Administration. This update comes straight from the April twenty-third Federal Register. If you’re a board member, executive, or compliance officer, you’ll want to pay close attention.On April twenty-third, the NCUA announced something a little unusual—they are reopening the public comment period on two recently finalized rules that haven’t fully taken effect yet. Here’s why this matters.Earlier this year, the White House issued what’s called a “Regulatory Freeze Pending Review.” In plain English, that means federal agencies were asked to hit pause and review any major new rules that hadn’t already kicked in. NCUA, just like other agencies, is now inviting the public—yes, that means you—to weigh in again on two big rules.The first is called Simplification of Share Insurance. This rule was finalized back in September twenty twenty-four and is scheduled to fully take effect December first, twenty twenty-six. The goal is to make NCUA’s share insurance rules simpler and clearer for both credit unions and your members. With this new comment window, you have another chance to raise questions, flag concerns, or support the parts of the rule you think are working.The second rule is about Succession Planning. This one was finalized in December twenty twenty-four and is set to take effect January first, twenty twenty-six. It’s designed to make sure credit unions have solid plans in place for leadership succession—a big deal, especially for smaller credit unions and those with retiring executives. This new comment period is your opportunity to share whether you think the rule strikes the right balance, or if it creates any challenges for your operations.So how can you submit your comments? You have until June twenty-third, twenty twenty-five. You can go online to regulations dot gov and look up the docket numbers for each rule, or send your comments to the NCUA Secretary in Alexandria, Virginia. If you’re old school, you can even hand deliver them.You might be thinking, didn’t we already comment on these rules? Yes, many did—but this is a second bite at the apple, thanks to the new administration’s regulatory review. If your credit union has operational concerns, needs more clarity, or has suggestions for how the rules are implemented, now is your chance to be heard.Here are your quick takeaways. NCUA is actively seeking comments on the share insurance simplification and succession planning rules, both of which are set to take effect in twenty twenty-six. The deadline for comments is June twenty-third, twenty twenty-five. Your feedback could help shape how these rules roll out, or even whether they proceed as planned.That’s it for today’s update. We’ll keep you posted on any new developments and what they mean for your credit union. If you have questions or want to share how your credit union is preparing for these changes, send us a note—we might feature your insights in a future episode.Thanks for tuning in Stay informed, stay compliant, and stay ahead.If your Credit union could use assistance with your exam, reach out to Mark Treichel on LinkedIn, or at mark Treichel dot com. This is Samantha Shares and we Thank you for listening. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Apr 23, 20253 min

Ep 95NCUA Releases Staff Message on the Current NCUA Board

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/ NCUA Releases Staff Message on the Current NCUA Board Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Apr 19, 20252 min

Ep 94Understanding Conflicts of Interest in Asset Management (OCC)

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Understanding Conflicts of Interest in Asset Management: Show NotesIn this episode, Samantha Shares explores the critical topic of conflicts of interest in asset management based on the OCC Comptroller's Handbook. While originally created for banks, these principle-based guidelines provide an excellent framework for credit unions managing conflicts in their asset management activities. The episode covers what constitutes a conflict of interest, common scenarios where conflicts arise, the four main risk categories (compliance, operational, reputation, and strategic), and key components of effective risk management. Samantha details specific conflict situations including self-deposits, proprietary investment products, brokerage allocation, and soft dollar arrangements, while outlining four essential principles for handling conflicts: proper authorization, full disclosure, fairness and reasonableness, and maintaining the client's best interest. The episode emphasizes that managing conflicts effectively isn't just about regulatory compliance—it's fundamental to maintaining client trust and protecting your institution's reputation. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Apr 16, 202513 min

Ep 93OCC's Comptroller's Handbook booklet "Model Risk Management"

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/ Show Notes: Model Risk Management (OCC Comptroller's Handbook) In this episode, Samantha Shares discusses the OCC's "Model Risk Management" handbook (Version 1.0, August 2021). This comprehensive handbook provides guidance on how financial institutions should manage risks associated with their use of models. Key topics covered: Definition of models and model riskTypes of risk associated with model useGovernance framework requirementsThree lines of defense in model risk managementModel development, testing and implementationValidation process and requirementsThird-party model risk managementDocumentation and inventory requirementsThis handbook is essential knowledge for anyone dealing with model risk management in financial institutions, particularly those subject to OCC supervision. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Apr 9, 202534 min

Ep 82Understanding the Capitalization of Unpaid Interest Into the Loan Balance

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Reach out to learn how we assist our clients. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Apr 2, 202515 min

Ep 81Building Resilience: Contingency Funding Plans for Credit Unions

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/NCUA wants you to build a good contingency funding plan. We discuss their guidance on this important topic. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Mar 26, 20258 min

Ep 92NCUA Board Member Tanya Otsuka Statement on the Decision to Remove Total Overdraft and Non-sufficient Fund Fee Data

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Hello, this is Samantha Shares. This episode covers NCUA Board Member Tanya Otsuka Statement on the Decision to Remove Total Overdraft and Non-sufficient Fund Fee Data The following is an audio version of that STATEMENT. This podcast is educational and is not legal advice. We are sponsored by Credit Union Exam Solutions Incorporated, whose team has over two hundred and Forty years of National Credit Union Administration experience. We assist our clients with N C U A so they save time and money. If you are worried about a recent, upcoming or in process N C U A examination, reach out to learn how they can assist at Mark Treichel DOT COM. Also check out our other podcast called With Flying Colors where we provide tips on how to achieve success with N C U A. And now the STATEMENT N C U A Board Member Tanya Otsuka Statement on the Decision to Remove Total Overdraft and Non-sufficient Fund Fee Data N C U A Board Member Tanya F. Otsuka issued the following statement about the agency’s decision to remove total overdraft and non-sufficient fund (NSF) fee data for federally insured credit unions with more than $1 billion in assets from Call Reports beginning with the first quarter of 2025.Member empowerment is a cornerstone of the cooperative credit movement. For credit unions, which are built on the philosophy of “people helping people,” increasing transparency is a simple way to demonstrate the credit union difference, enable consumers to make informed financial decisions, and help maintain trust and confidence in our cooperative system of credit. In that spirit, the N C U A began collecting and publishing quarterly Call Report data on revenues credit unions with over $1 billion in assets made from overdraft and non-sufficient funds (NSF) fees last year.Unfortunately, the fourth quarter 2024 data published today will be the last to include information on overdraft and NSF fee income. On March 3, 2025, Chairman Hauptman unilaterally announced changes to the way the N C U A collects overdraft and NSF fee information.1 Specifically, starting on March 31, 2025, the agency would “no longer publish overdraft and non-sufficient fund fee income for individual credit unions” and this information would ostensibly be collected during supervisory examinations.This is a step in the wrong direction. There is no data to suggest credit unions limited the services they provide low-income or underserved consumers last year simply to avoid having to report fee income on the N C U A’s Call Reports. Credit unions with higher overdraft and NSF fees also do not appear to offer lower fees to members for other services, nor better interest rates.2 Overdraft and NSF fees put a strain on members who are likely already struggling and may further trap them in a cycle of financial hardship that can be difficult to escape. That is why providing the public information about fees through the N C U A’s Call Reports enabled consumers across the country to more readily compare between credit unions and choose the institution that best fit their needs.3Credit unions are already required to disclose to their members the fees that they charge. Instead of providing overdraft and fee income in a transparent, consistent, and standardized way, collecting overdraft and NSF fee data through the exam process will erode the quality of the data and hamstring our ability to monitor trends. The decision to collect this data through the supervisory process rather than through the quarterly Call Report must not be used as an excuse to withhold it from credit union members or the broader public.Transparency is vital for promoting fair competition within the financial system. Limiting access to individual credit union data does not help consumers, encourage the chartering of de novo institutions, or reduce regulatory burden on small cooperatives, which were exempt from the requirement to report these data. It just enables larger institutions that rely heavily on fee income to operate in the shadows, resulting in less competition and less choice for consumers, and places institutions that stay true to the principles of the credit union movement at a disadvantage.At the end of the day, members, as owners of their credit union, have a right to know how their institution operates, just like any investor would if they purchased stock in a publicly traded company. We shouldn’t keep credit union members in the dark.I urge the N C U A Chair to prioritize transparency and to continue the practice of quarterly reporting and public disclosure of overdraft and NSF fee income for individual credit unions. I look forward to continuing to work with the entire N C U A Board to protect consumers and the credit union system.This concludes the STATEMENT If your Credit union could use assistance with your exam, reach out to Mark Treichel on LinkedIn, or at mark Treichel dot com. This is Samantha Shares and we Thank you for lis

Mar 19, 20255 min

Ep 91NCUA Board Member Todd Harper Statement on the Decision to Curtail the Collection of Overdraft and Non-sufficient Fund Fees

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/Hello, this is Samantha Shares. This episode covers NCUA Board Member Todd Harper Statement on the Decision to Curtail the Collection of Overdraft and Non-sufficient Fund Fees The following is an audio version of that Statement This podcast is educational and is not legal advice. We are sponsored by Credit Union Exam Solutions Incorporated, whose team has over two hundred and Forty years of National Credit Union Administration experience. We assist our clients with N C U A so they save time and money. If you are worried about a recent, upcoming or in process N C U A examination, reach out to learn how they can assist at Mark Treichel DOT COM. Also check out our other podcast called With Flying Colors where we provide tips on how to achieve success with N C U A. And now the Statement. NCUA Board Member Todd Harper issued the following statement about the agency’s decision to curtail the collection of total overdraft and non-sufficient fund (NSF) fees for federally insured credit unions with more than $1 billion in assets beginning with Call Reports for the first quarter of 2025.For markets to work efficiently, transparency is needed. That’s a bedrock principle of economics. And, it’s one of the many reasons why credit union member-owners and the public should have clear visibility into the income a credit union generates from overdraft and NSF fees charged to its member-owners.To advance credit union efforts to benchmark fees against other financial institutions, improve marketplace competition, and increase consumer understanding of the fees they’re charged within the credit union system, the NCUA required federally insured credit unions with more than $1 billion in assets to disclose, separately, income from overdraft and NSF fees beginning with the 2024 first quarter Call Report. With today’s release of the 2024 fourth quarter Call Report results, however, that desirable transparency experiment will regrettably end.During the last year, we’ve found that reporting institutions have collected $3.8 billion in such fees. Some charged no fees at all. For most reporting credit unions, overdraft and NSF fees accounted for between 2 and 5 percent of revenue. Some outliers charged fees amounting to as much as 18 percent of income. For those billion-dollar-plus credit unions with higher overdraft and NSF fees, we also found that they did not use those fees to subsidize better interest rates or lower other fees.Federally insured banks with more than $1 billion in assets began reporting these numbers in 2015. Since then, consumers have benefitted as banks have lowered their reliance on such fees. In fact, the Consumer Financial Protection Bureau found that roughly two out of three banks with $10 billion or more in assets have eliminated NSF fees, saving consumers $2 billion annually. Yet, among credit unions with greater than $10 billion in assets, four out of five continue to charge NSF fees. That overreliance on such fees is one of the many reasons why the NCUA began collecting and publicly reporting this data on Call Reports.But, by unilateral action by the Chairman, credit union member-owners and the public will now no longer have access to this important information. If credit unions are to live up to their statutory purpose of supporting the financial needs of ‘people of modest means and the credit union movement’s oft-touted ‘people-helping-people’ philosophy, then credit union member-owners should have access to this basic market information, so they can make better decisions about how and where to deposit and access their hard-earned money.While the NCUA will no longer publish overdraft and NSF fee income for individual credit unions on a real-time quarterly basis, the agency will instead collect the data during supervisory examinations. This approach, however, will likely shield credit union members from accessing the information through the Freedom of Information Act. Ultimately, this non-disclosure will result in financial exclusion, especially when one considers that NSF is a fee for not paying for an item.In my view, the NCUA should restore fee transparency for overdraft and NSF fees on Call Reports. If the Chairman is unwilling to reverse course, then the overdraft and NSF fee data collected in the exam process at individual credit unions shouldn’t be shielded from public release through the Freedom of Information Act. If such data was once already public information, why now sweep it under the rug?The Chairman also noted that the appropriateness of overdrafts and NSF fees charged is a matter between a credit union and its member-owners. If those member-owners ultimately determine how their credit union is run, then credit union management should make their overdraft and NSF income upon member-owner request.As a steward of the credit union system and someone whose father and grandfather started credit unions, I strongly believe in the concep

Mar 15, 20256 min

Ep 90NCUA Board Member Tanya Otsuka Remarks at the 2025 Governmental Affairs Conference

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/NCUA Board Member Tanya F. Otsuka Remarks at the 2025 Governmental Affairs ConferenceAs Prepared for Delivery on March 4, 2025Thank you to Jim, Carrie, and everyone at America’s Credit Unions for the invitation. Special thanks to the convention center staff and everyone behind the scenes who helped put this event together and are making sure it runs smoothly. And of course, thank you all in the audience for being here.It is an honor to serve on the Board of the NCUA and to see the great work credit unions are doing for their members every day. The NCUA’s mission of protecting the cooperative credit system is imperative for the millions of families that rely on credit unions for a checking account, buy a car or a home, or save for retirement.Congress has entrusted the NCUA with the responsibility to protect credit union members and the credit union system, and our ability to do so depends on a strong, independent agency, with dedicated staff who understand the unique role that credit unions play in our economy.Our independence is critical to maintaining confidence and stability in the credit union system. If you put your money in a credit union with the words “insured by the NCUA” emblazoned on the door, you can trust that you won’t lose your life savings if that credit union fails. Share insurance creates confidence in the credit union system, which not only protects Americans’ hard-earned money, but also helps credit unions attract new members and continue to grow."Congress has entrusted the NCUA with the responsibility to protect credit union members and the credit union system, and our ability to do so depends on a strong, independent agency, with dedicated staff who understand the unique role that credit unions play in our economy. Our independence is critical to maintaining confidence and stability in the credit union system."As the primary federal regulator of credit unions, the NCUA understands the unique characteristics of credit unions and their members. Our independence from politics and distinction from other financial regulators allows us to focus on what matters to the credit union system. It also allows us to maintain long-term stability, mitigate risks and act quickly during a crisis, and prudently manage the share insurance fund.We must not lose sight of why these guardrails are in place. The NCUA, as we know it today, is the product of one too many dark periods in our nation’s history. During the Great Depression, the stock market crashed, our economy collapsed, and thousands of banks failed, wiping out many Americans’ entire life savings. In response, Congress created independent financial agencies and consumer protections – like deposit insurance – to promote stability and provide a safety net for American families. Congress also encouraged the creation of federal credit unions under the Federal Credit Union Act of 1934, allowing more people of modest means to access affordable credit, secure their savings, and ultimately begin to recover from financial hardship. The credit union movement continued to grow, and in 1970, Congress established the NCUA as an independent agency to charter and supervise federal credit unions and manage the Share Insurance Fund, which extended the deposit insurance safety net to credit union members.Fast-forward to the 2008 Financial Crisis, when years of deregulation and lax oversight paved the way for risky and unethical financial practices on Wall Street to wreak havoc on our economy. As financial institutions failed, markets crashed, and businesses shuttered, everyday Americans were left holding the bag. Millions of families lost their homes. While credit unions fared better than banks overall, credit unions were not spared. Between 2008 and 2012, the NCUA oversaw over 130 involuntary liquidations and mergers. To create a more resilient financial system, Congress passed the Dodd-Frank Act, which put in place higher standards for the largest banks and financial companies, established stronger consumer protections, and increased the maximum share insurance for credit union members."That is why credit unions must continue to show the American people what the credit union difference means and live up to the mantra of 'people helping people.' . . . Too much is at stake to be seen as no different than a bank or a tech company or any other financial institution. The credit union difference is the ultimate competitive advantage."It is no coincidence that credit unions were not the catalyst for our past financial crises. That is a reflection of the credit union ethos. From its inception, the credit union movement has sought to advance access for all and prioritize the economic interests of its members. Credit unions are an integral part of our financial system, serving over 142 million consumers across the United States. Credit unions are often a lifeline for the communities they support. And for many Ame

Mar 12, 20257 min

Ep 79NCUA's Concentration Risk Expectations for Credit Unions

www.marktreichel.comhttps://www.linkedin.com/in/mark-treichel/This episode covers NCUA's Guidance to Credit Unions on Concentration Risk. Are you worried about an NCUA exam in process or looming on the horizon? Don't face it alone!We're ex-NCUA insiders with decades of experience, ready to guide you to success. Our team understands the intricacies of NCUA examinations from the inside out.Hire us and gain:• Peace of mind during your exam process• Insider knowledge of NCUA procedures and expectations• Strategies to address potential issues before they become problems• Continuous access to our extensive subject matter expertiseWith our access retainer, you'll have on-demand support from former NCUA experts. We're here to ensure your credit union achieves flying colors in its next examination.Contact Credit Union Exam Solutions today to learn more about our services and how we can help your credit union succeed.

Mar 5, 202526 min