Wednesday, December 11, 2024

Pauli Loeffler

November 2024 OBA Legal Briefs

Vulnerable Adult Abuse, Neglect and Exploitation Report Perfection of security interest Questions from our members Reconsideration of Value Q&As By Pauli Loeffler Vulnerable Adult Abuse, Neglect and Exploitation Report In the September 2023 OBA Legal Briefs, I noted that Tit. 43A O.S. § 10-111.1 was added to the Oklahoma statutes in 2018 and amended Effective January 1, 2024 requiring the …

Read More »

October 2024 OBA Legal Briefs

2024 Oklahoma Legislation – Part III (UCC) FAQs regarding account documentation 2024 Oklahoma Legislation – Part III Uniform Commercial Code Amendments By Pauli Loeffler Last legislative session saw the enactment of four Uniform Acts promulgated by the Uniform Law Commission (“ULC”), also known as the National Conference of Commissioners on Uniform State Laws. In the August OBA Legal briefs, I …

Read More »

September 2024 OBA Legal Briefs

2024 Oklahoma Legislation – Part II More Deceased Customer Q&As 2024 Oklahoma Legislation – Part II Oklahoma Uniform Directed Trust Act of 2024 Oklahoma Trust Act (Amended) – Title 60 O.S. §§ 175.01 – 175.57 (Effective 11/1/2024) Registration and Pre-Registration – Transfer of License Plates – Contracts and Agreements for Electronic System – Title 47 O.S. § 1111.2 (Effective 9/1/2024) …

Read More »

August 2024 OBA Legal Briefs

In this issue: 2024 Oklahoma Legislation – Part I A potpourri of deceased customer Q&As Still more on the FDIC’s revisions to part 328 2024 Oklahoma Legislation – Part I By Pauli D. Loeffler Uniform Special Deposits Act – Tit. 6 O.S. § 910 et seq. This is an entirely new Act that has only been adopted in the states …

Read More »

July 2024 OBA Legal Briefs

More on the FDIC’s Revisions to Part 328 By John S. Burnett In last month’s Legal Update, I offered an analysis of the changes the FDIC has made to the rules applicable to deposit-accepting ATMs (and similar equipment) in its regulations at 12 CFR Part 328 on Advertisement of Membership, False Advertising, Misrepresentation of Insured Status, and Misuse of the …

Read More »

June 2024 OBA Legal Briefs

Bankers’ FAQs Changes in UCCC amounts effective 7/1/24 ATMs and the FDIC’s new Advertisement of Membership Rule Bankers’ FAQs By Pauli Loeffler Some of the questions submitted to the OBA’s Compliance team are asked with some frequency by our members. We’ve gathered some of these questions and responses to assist you when similar situations present themselves. Altered check, indorsement claim …

Read More »

May 2024 OBA Legal Briefs

Military Customers – A Protected Class? By Andy Zavoina For starters, service members are not a protected class under Reg B or ECOA, but note I added a question mark in the title of this article. The question is, do you want to treat them as a protected class? In my opinion, a bank often mitigates risks most effectively by …

Read More »

April 2024 OBA Legal Briefs

Update on the new CRA regulations FDIC rule affects ATMs, websites, apps and more Personal liability Update on the new CRA regulations By John S. Burnett You know that the Federal Reserve Board, Office of the Comptroller of the Currency, and Federal Deposit Insurance Corporation announced final revisions to their Community Reinvestment Act regulations in October 2023, and those rules …

Read More »

March 2024 OBA Legal Briefs

OBA Feedback FCRA and HR Employees, Social Media, and Ownership Federal Preemption in Question OBA Feedback By Andy Zavoina The OBA has had numerous requests about what can be done when a credit report is accessed on a consumer and that consumer becomes inundated with calls from other lenders competing for the loan or to offer ancillary services. The consumers …

Read More »

February 2024 OBA Legal Briefs

CFPB Proposes New NSF Fee Rule Overdrafts — Comments Requested Editor’s Note: We do not usually write about proposed rules in Legal Briefs because so much can change between publication of a proposal and issuance of a final rule. However, we believe that Oklahoma’s bankers need to know about both of the recent CFPB proposals discussed in this edition. CFPB …

Read More »