Multiagency focus on fairness principles, including access, treatment, and product risks鈥斺€渟ay what you do, do what you say.鈥�
Banking, capital markets, and insurance regulators will continue to assess the fairness of听 financial market products and services over the 鈥渃ustomer journey,鈥� including development,听 marketing, sales, servicing, and complaints/claims management. Consumer and investor听 protections will look to 鈥渦nfairness鈥� and marketing claims to fulfillment, under both new and听 existing regulations. Supervisory intensity will be applied to increases in model usage (including听 data permissibility) and bias outcomes.
Fairness and potential breaches to customer trust will be driven through:
Supervision and Enforcement: Fairness will continue to be examined throughout the听 customer journey and across products and services (e.g., auto loans, servicing, payments,听 deposits, advertising, sales, and data and privacy practices), as well as underlying decision-听 making processes, including the use of 鈥渁utomated systems鈥� (e.g., models, algorithms,听 programs, AI/ML) and related marketing/advertising. Fairness should also be factored into听 a firm鈥檚 operations through dynamic and ongoing risk assessment processes, monitoring,听 testing and data analyses.
Regulatory Expansion: Despite potential court challenges on regulatory authority, regulators听 will continue to apply an expanded lens of fairness to existing regulations (e.g., UDAAP/听 UDAP). Expect revisions to existing regulations and guidance (e.g., CRA, merger and antitrust听 reviews, and conflicts of interest) and new regulations to include fairness considerations.
And while legal challenges could potentially extend implementation timelines for certain new听 rules and proposals (e.g., CFPB鈥檚 1071 small business lending rule), regulators will expect the听 industry to continue preparedness and implementation planning.
Through rulemakings, regulators will look to improve transparency, access, and treatment听 for consumers and investors. Example areas of regulatory focus will include:
Regulators are expanding oversight from product risk to include execution risk, reinforcing听 the expectation that firms will be held to the standard of 鈥渟ay what you do, do what you say.鈥澨� Regulators will assess whether products and services are fulfilled fairly, consistently with the听 terms and statements provided customers, and that representations are not misleading to a听 鈥渞easonable鈥� consumer. These efforts will be seen in 2024 around:
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