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Deposit Compliance Hot Topics -Overdraft, Representment, UDAAP, Supervision and Enforcement

Deposit Compliance Hot Topics -Overdraft, Representment, UDAAP, Supervision and Enforcement

Presented by: Financial Services Law Firm, Mitchell Sandler LLC. Register now for the full day Seminar 9:00am to 4:00pm. Bank pricing of $200 -first participant and $150 for each additional attendee (Lunch provided)

CPE 8 credit hours

Covered Topics:

Session 1 – 9:00 AM – 12:00 PM, including a 15-minute break

Hot Topics in Supervision & Enforcement

  • Regulatory and enforcement developments on so-called “junk fees”
  • Update on authorize-positive-settle-negative, NSF fees for represented items, dynamic overdraft limits and more
    • Regions consent order
    • FDIC Guidance, CFPB Circular
    • Impact of private litigation on regulatory exams
  • “Junk fees” and the pressure to reduce or eliminate them
  • Differing views and approaches between regulators
  • Electronic Funds Transfer Act and Regulation E issues
    • Incorporation of “unfair discrimination” principles into CFPB UDAAP exam procedures
    • CFPB’s expansion of ECOA-like protections to deposit and payments and to protected classes outside the scope of ECOA

Best Practices for Deposit Agreements & Disclosures

  • When is it time for a top-to-bottom regulatory review?
    • Importance of close collaboration between the business, Compliance and Legal
  • Hot-topic disclosures
  • Overdraft, NSF and transaction posting

Session 2 – 1:00 PM – 4:00 PM, including a 15-minute break

Your CMS & Compliance Risk Management of Deposit Accounts

  • Common gaps in controls, policies and procedures
    • Overdraft programs
    • Regulation E and the different error resolution processes across account types
    • FCRA use of consumer reports and information furnishing
  • Transaction testing and model and process validation
  • Data and preparing for Dodd-Frank Section 1033 rule making
    • Account data and information security

Third-Party Risk Management in the Face of Evolving Technology & Regulatory Expectations

  • Bank Cores
    • Managing your core provider
    • Shopping for new cores

Evolving technology used by vendors is changing how certain commonly outsourced functions should be managed

    • Digital advertising
    • Prepaid card program managers and outsourced
    • ledgers
    • Mobile deposit and online banking
    • Application program interfaces
  • Fintech partnerships

And other related deposit hot topics!

Who Should Attend:

Compliance Officers, Deposit Operations, Legal, Audit, IT, Risk Managers, and any other personnel with Deposit regulatory compliance responsibilities.

CRCM CE Credits:
This seminar has been approved by the ABA Professional Certifications for 6.75 CRCM CE credit hours.  The training will appear as: South Florida Compliance Association I Deposit Compliance Hot Topics -Overdraft, Representment, UDAAP, Supervision and Enforcement.

  • Date: December 13th, 2022
  • Time: 9:00am – 4:00pm.
    8:00 am –  9:00 am Registration
    9:00 am –  4:00 pm Program
    12:00 pm –  1:00 pm Lunch
  • Ticket price: $200 member/non-member – $150 additional member
  • **Please use discount code “COMPLIANCE2022” to receive discount**
  • Location:
    Miami Airport Marriott
    1201 NW LeJeune Road
    Miami, FL 33126
    (305) 649-5000


Andrea Mitchell,

Mitchell Sandler LLC is a women-managed, majority women-owned law firm serving the financial services industries headquartered in Washington DC. Andrea Mitchell is the Managing Partner of Mitchell Sandler LLC, a women-managed, majority women-owned law firm serving the financial services industry. Andrea is a nationally recognized legal and strategic adviser to banks and financial services companies on enforcement, regulatory, and compliance risk management matters. She represents clients on matters involving fair and responsible banking and compliance with consumer protection laws. She devotes her practice to helping banks address legal, compliance and cultural challenges through creative and effective solutions.

Chris Napier

Chris Napier is a Partner at Mitchell Sandler LLC, a women-managed, majority women-owned law firm serving the financial services industry. Chris advises banks, financial technology companies, and financial service companies on a variety of regulatory compliance and enforcement matters, including matters involving fair lending, fair servicing, unfair, deceptive, or abusive acts or practices (UDAAP), Community Reinvestment Act compliance, money transmission and payments, alternative credit, and deposit issues.He frequently represents clients during examinations and investigations by the Department of Justice, the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Reserve Board, and state regulators. Chris also advises a wide variety of financial technology companies on product development, establishing bank and other partnerships, and navigating the complexities of state and federal regulations.