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Policy Predictions 2024: Navigating Regulatory Uncertainty in Banking

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Public coverage predictions are by no means simple to make, however an election yr provides a further degree of uncertainty.  With this in thoughts, I hope you can be beneficiant in reducing me some slack ought to a few of my predictions under take a 180-degree flip primarily based on the ends in November.

Daniel Nestel on US policy

1. AI Regulation Will Be Pushed by the States

Regardless of important federal coverage developments on AI in 2023, just like the NIST AI Danger Administration Framework and President Biden’s AI Govt Order, the adoption of federal laws to manipulate AI nonetheless seems to be off on the horizon. In the meantime, 2023 noticed a wave of AI-related state laws. Practically 200 payments had been launched in 31 states.

Europe’s impending formal adoption of the primary main complete AI regulation will undoubtably gas elevated curiosity in AI governance within the U.S. With little anticipated legislative exercise in Congress throughout an election yr, states will little doubt take the lead in 2024. Search for at the least one state to enact complete AI laws, impacting how monetary establishments use AI-powered instruments and handle risk-based compliance.

For extra AI predictions, I encourage you to take a look at FICO Chief Analytics Officer Dr. Scott Zoldi’s weblog publish.

2. Count on a Lot of Exercise within the New Yr — However No Last FCRA Rules

There was no scarcity of consideration when the Shopper Monetary Safety Bureau (CFPB) launched its SBREFA define detailing proposals being thought of as a part of a Honest Credit score Reporting Act (FCRA) rulemaking effort. The define contains provisions addressing information brokers, credit score header info, a prohibition on using medical assortment info and clarification on permissible functions for shopper reviews, amongst different matters.

A proposed rule is anticipated someday in 2024 however given the potential impacts on a broad scope of companies, the proposal is anticipated to generate a big quantity of public feedback and its share of congressional scrutiny. The November presidential election might decide whether or not the CFPB points a last rule on this space in 2025, doubtlessly influencing compliance necessities for a variety of companies within the monetary providers market.

3. On-line Lead Era Will Expertise Important Modifications as Shoppers Acquire Extra Management over Their Cell Telephone

The Federal Communications Fee’s (FCC) current rule adjustments embrace a requirement for comparability buying web sites (e.g., on-line mortgage comparability companies) to acquire separate shopper consent for calls or texts to a cell phone for every lender/vendor at a time. This replaces the frequent observe of comparability websites acquiring a single upfront consent masking a number of entrepreneurs. The implementation of this rule will necessitate important adjustments in how monetary providers lead mills and digital entrepreneurs function, together with an overhauling consent administration processes to make sure adherence to the brand new federal rules.

4. Last Rules Will Be Adopted Accelerating Open Banking and Innovation

In 2023 the CFPB launched a proposed rule that grants banking customers the suitable to entry and port their monetary info between banks and different monetary entities. Open banking relies on the idea of allowing the networking of accounts and information throughout establishments to be used by customers, monetary establishments, and third-party service suppliers. Dozens of nations have open banking regulatory regimes in place, and this has led to new improvements within the monetary providers sector.

FICO has acknowledged the advantages of open banking with its introduction of a consumer-permissioned different information rating, UltraFICO Rating, leveraging a shopper’s checking, financial savings or cash market account info along with conventional credit score bureau information. Earlier this yr, FICO launched its Inclusion Accelerator Program and Monetary Inclusion Lab to advance lender adoption of different information options, just like the UltraFICO Rating, which give credit score assessments not solely reliant on conventional credit score historical past.

Whereas advanced, the CFPB open banking rule is anticipated to be finalized later in 2024. This might topic the ultimate rule to being overturned utilizing the Congressional Evaluation Act’s disapproval process by a brand new Congress relying on the outcomes of the 2024 elections, however my prediction is that the CFPB rule sticks and helps additional the open banking revolution within the U.S.

Whereas my crystal ball is cloudy with regards to any political panorama shifts ensuing from the upcoming November elections, one factor is obvious: 2024 guarantees to be an impactful yr for each federal and state degree coverage developments within the monetary providers house, notably relating to regulatory developments, danger and compliance administration, and new applied sciences like AI and open banking. I will be again subsequent yr to see what number of of my predictions got here to fruition.

How FICO Can Assist You Navigate Banking Rules and AI

Whether or not deciphering the intricacies of the NIST AI Danger Administration Framework or aligning with impending FCRA rule changes, FICO may help you navigate regulatory adjustments.

Dive deeper into the main points with these weblog posts:

Extra Predictions from FICO

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