On November 4, the Office of the Comptroller of the Currency (“OCC”) released its “Credit Card Lending” booklet of the Comptroller’s Handbook, replacing the outdated booklet issued in October 1996.  A copy can be found here.

The Comptroller’s Handbook is intended as a summary restatement of existing laws, regulations, and policies.  The “Credit Card Lending” booklet applies to examinations of all national banks and federal savings associations (“FSAs”).  Examiners and members of the public are advised to use the booklet as a reference for obtaining an overview on credit card lending.

Highlights of the revised booklet include:

  • Providing updated guidance to examiners on assessing the quantity of risk associated with credit card lending and the quality of credit card lending risk management;
  • Rescinding the following advisory letters, which were largely superseded by the 2009 Credit Card Accountability Responsibility and Disclosure Act (“CARD Act”) and its implementing regulations in Regulation Z:
    • Advisory Letter 2004-4, “Secured Credit Cards” (April 28, 2004)
    • Advisory Letter 2004-10, “Credit Card Practices” (September 14, 2004);
  • Making the following applicable to FSAs:
    • OCC Bulletin 1997-24, “Credit Scoring Models: Examination Guidance” (May 20, 1997); and
  • Addressing the CARD Act, which further amended the Truth in Lending Act.
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Photo of H. Scott Kelly H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

Photo of Michael E. Lacy Michael E. Lacy

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO,

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO, and state UDAP laws. He has significant experience litigating and trying corporate governance disputes, including shareholder derivative claims, corporate dissolution cases, and corporate divorce matters. Michael also represents public utility companies in litigation and regulatory matters, including condemnation and land use cases.