Regulatory Compliance

Ensuring fair lending practices while leveraging machine learning models is crucial for organizations committed to ethical and compliant operations.

This article was updated on March 7, 2024. Like so many government agencies, the U.S. military is a source of many acronyms. Okay, maybe a few less, but there really is a host of abbreviations and acronyms attached to the military – and in the regulatory and compliance space, that includes SCRA and MLA. So, what is the difference between the two? And what do financial institutions need to know about them? Let’s break it down in this basic Q&A. SCRA and MLA: Who is covered and when are they covered? The Servicemember Civil Relief Act (SCRA) protects service members and their dependents (indirectly) on existing debts when the service member becomes active duty. In contrast, the Military Lending Act (MLA) protects service members, their spouses and/or covered dependents at point of origination if they are on active duty at that time. For example, if a service member opens an account with a financial institution and then becomes active military, SCRA protections will apply. On the other hand, if the service member is of active duty status when the service member or dependent is extended credit, then MLA protections will apply. Both SCRA and MLA protections cease to apply to a credit transaction when the service member ceases to be on active duty status. What is covered? MLA protections apply to all forms of payday loans, vehicle title loans, refund anticipation loans, deposit advance loans, installment loans, unsecured open-end lines of credit, and credit cards. However, MLA protections exclude loans secured by real estate and purchase-money loans, including a loan to finance the purchase of a vehicle. What are the interest rate limitations for SCRA and MLA? The SCRA caps interest rate charges, including late fees and other transaction fees, at 6 percent. The MLA limits interest rates and fees to 36 percent Military Annual Percentage Rate (MAPR). The MAPR is not just the interest rate on the loan, but also includes additional fees and charges including: Credit insurance premiums/fees Debt cancellation contract fees Debt suspension agreement fees and Fees associated with ancillary products. Although closed-end credit MAPR will be a one-time calculation, open-end credit transactions will need to be calculated for each covered billing cycle to affirm lender compliance with interest rate limitations. Are there any lender disclosure requirements? There is only one set of circumstances that triggers SCRA disclosures. The Department of Housing and Urban Development (HUD) requires that SCRA disclosures be provided by mortgage servicers on mortgages at 45 days of delinquency. This disclosure must be provided in written format only. For MLA compliance, financial institutions must provide the following disclosures: MAPR statement Payment obligation descriptions Other applicable Regulation Z disclosures. For MLA, it is also important to note that disclosures are required both orally and in a written format the borrower can keep. How Experian can help Experian's solutions help you comply with the Department of Defense's (DOD's) final amendment rule. We can access the DOD's database on your behalf to identify MLA-covered borrowers and provide a safe harbor for creditors ascertaining whether a consumer is covered by the final rule's protection. Visit us online to learn more about our SCRA and military lending act compliance solutions. Learn more

Dive deeper into model risk management, its importance for organizations, and the key elements of a model risk management framework.

Meeting Know Your Customer (KYC) regulations and staying compliant is paramount to running your business with ensured confidence in who your customers are, the level of risk they pose, and maintained customer trust. What is KYC?KYC is the mandatory process to identify and verify the identity of clients of financial institutions, as required by the Financial Conduct Authority (FCA). KYC services go beyond simply standing up a customer identification program (CIP), though that is a key component. It involves fraud risk assessments in new and existing customer accounts. Financial institutions are required to incorporate risk-based procedures to monitor customer transactions and detect potential financial crimes or fraud risk. KYC policies help determine when suspicious activity reports (SAR) must be filed with the Department of Treasury’s FinCEN organization. According to the Federal Financial Institutions Examinations Council (FFIEC), a comprehensive KYC program should include:• Customer Identification Program (CIP): Identifies processes for verifying identities and establishing a reasonable belief that the identity is valid.• Customer due diligence: Verifying customer identities and assessing the associated risk of doing business.• Enhanced customer due diligence: Significant and comprehensive review of high-risk or high transactions and implementation of a suspicious activity-monitoring system to reduce risk to the institution. The following organizations have KYC oversight: Federal Financial Institutions Examinations Council (FFIEC), Federal Reserve Board, Federal Deposit Insurance Corporation (FDIC), national Credit Union Administration (NCUA), Office of the Comptroller of the Currency (OCC) and the Consumer Financial Protection Bureau (CFPB). How to get started on building your Know Your Customer checklist 1. Define your Customer Identification Program (CIP) The CIP outlines the process for gathering necessary information about your customers. To start building your KYC checklist, you need to define your CIP procedure. This may include the documentation you require from customers, the sources of information you may use for verification and the procedures for customer due diligence. Your CIP procedure should align with your organization’s risk appetite and be comply with regulations such as the Patriot Act or Anti-money laundering laws. 2. Identify the customer's information Identifying the information you need to gather on your customer is key in building an effective KYC checklist. Typically, this can include their first and last name, date of birth, address, phone number, email address, Social Security Number or any government-issued identification number. When gathering sensitive information, ensure that you have privacy and security controls such as encryption, and that customer data is not shared with unauthorized personnel. 3. Determine the verification method There are various methods to verify a customer's identity. Some common identity verification methods include document verification, facial recognition, voice recognition, knowledge-based authentication, biometrics or database checks. When selecting an identity verification method, consider the accuracy, speed, cost and reliability. Choose a provider that is highly secure and offers compliance with current regulations. 4. Review your checklist regularly Your KYC checklist is not a one and done process. Instead, it’s an ongoing process that requires periodic review, updates and testing. You need to periodically review your checklist to ensure your processes are up to date with the latest regulations and your business needs. Reviewing your checklist will help your business to identify gaps or outdated practices in your KYC process. Make changes as needed and keep management informed of any changes. 5. Final stage: quality control As a final step, you should perform a quality control assessment of the processes you’ve incorporated to ensure they’ve been carried out effectively. This includes checking if all necessary customer information has been collected, whether the right identity verification method was implemented, if your checklist matches your CIP and whether the results were recorded correctly. KYC is a vital process for your organization in today's digital age. Building an effective KYC checklist is essential to ensure compliance with regulations and mitigate risk factors associated with fraudulent activities. Building a solid checklist requires a clear understanding of your business needs, a comprehensive definition of your CIP, selection of the right verification method, and periodic reviews to ensure that the process is up to date. Remember, your customers' trust and privacy are at stake, so iensuring that your security processes and your KYC checklist are in place is essential. By following these guidelines, you can create a well-designed KYC checklist that reduces risk and satisfies your regulatory needs. Taking the next step Experian offers identity verification solutions as well as fully integrated, digital identity and fraud platforms. Experian’s CrossCore & Precise ID offering enables financial institutions to connect, access and orchestrate decisions that leverage multiple data sources and services. By combining risk-based authentication, identity proofing and fraud detection into a single, cloud-based platform with flexible orchestration and advanced analytics, Precise ID provides flexibility and solves for some of financial institutions’ biggest business challenges, including identity and fraud as it relates to digital onboarding and account take over; transaction monitoring and KYC/AML compliance and more, without adding undue friction. Learn more *This article includes content created by an AI language model and is intended to provide general information.

With great risk comes great reward, as the saying goes. But when it comes to business, there's huge value in reducing and managing that risk as much as possible to maximize benefits — and profits. In today's high-tech strategic landscape, financial institutions and other organizations are increasingly using risk modeling to map out potential scenarios and gain a clearer understanding of where various paths may lead. But what are risk models really, and how can you ensure you're creating and using them correctly in a way that actually helps you optimize decision-making? Here, we explore the details. What is a risk model? A risk model is a representation of a particular situation that's created specifically for the purpose of assessing risk. That risk model is then used to evaluate the potential impacts of different decisions, paths and events. From assigning interest rates and amortization terms to deciding whether to begin operating in a new market, risk models are a safe way to analyze data, test assumptions and visualize potential scenarios. Risk models are particularly valuable in the credit industry. Credit risk models and credit risk analytics allow lenders to evaluate the pluses and minuses of lending to clients in specific ways. They are able to consider the larger economic environment, as well as relevant factors on a micro level. By integrating risk models into their decision-making process, lenders can refine credit offerings to fit the assessed risk of a particular situation. It goes like this: a team of risk management experts builds a model that brings together comprehensive datasets and risk modeling tools that incorporate mathematics, statistics and machine learning. This predictive modeling tool uses advanced algorithmic techniques to analyze data, identify patterns and make forecasts about future outcomes. Think of it as a crystal ball — but with science behind it. Your team can then use this risk model for a wide range of applications: refining marketing targets, reworking product offerings or reshaping business strategies. How can risk models be implemented? Risk models consolidate and utilize a wide variety of data sets, historical benchmarks and qualitative inputs to model risk and allow business leaders to test assumptions and visualize the potential results of various decisions and events. Implementing risk modeling means creating models of systems that allow you to adjust variables to imitate real-world situations and see what the results might be. A mortgage lender, for example, needs to be able to predict the effects of external and internal policies and decisions. By creating a risk model, they can test how scenarios such as falling interest rates, rising unemployment or a shift in loan acceptance rates might affect their business — and make moves to adjust their strategies accordingly. One aspect of risk modeling that can't be underestimated is the importance of good data, both quantitative and qualitative. Efforts to implement or expand risk modeling should begin with refining your data governance strategy. Maximizing the full potential of your data also requires integrating data quality solutions into your operations in order to ensure that the building blocks of your risk model are as accurate and thorough as possible. It's also important to ensure your organization has sufficient model risk governance in place. No model is perfect, and each comes with its own risks. But these risks can be mitigated with the right set of policies and procedures, some of which are part of regulatory compliance. With a comprehensive model risk management strategy, including processes like back testing, benchmarking, sensitivity analysis and stress testing, you can ensure your risk models are working for your organization — not opening you up to more risk. How can risk modeling be used in the credit industry? Risk modeling isn't just for making credit decisions. For instance, you might model the risk of opening or expanding operations in an underserved country or the costs and benefits of existing one that is underperforming. In information technology, a critical branch of virtually every modern organization, risk modeling helps security teams evaluate the risk of malicious attacks. Banking and financial services is one industry for which understanding and planning for risk is key — not only for business reasons but to align with relevant regulations. The mortgage lender mentioned above, for example, might use credit risk models to better predict risk, enhance the customer journey and ensure transparency and compliance. It's important to highlight that risk modeling is a guide, not a prophecy. Datasets can contain flaws or gaps, and human error can happen at any stage.. It's also possible to rely too heavily on historical information — and while they do say that history repeats itself, they don't mean it repeats itself exactly. That's especially true in the presence of novel challenges, like the rise of artificial intelligence. Making the best use of risk modeling tools involves not just optimizing software and data but using expert insight to interpret predictions and recommendations so that decision-making comes from a place of breadth and depth. Why are risk models important for banks and financial institutions? In the world of credit, optimizing risk assessment has clear ramifications when meeting overall business objectives. By using risk modeling to better understand your current and potential clients, you are positioned to offer the right credit products to the right audience and take action to mitigate risk. When it comes to portfolio risk management, having adequate risk models in place is paramount to meet targets. And not only does implementing quality portfolio risk analytics help maximize sales opportunities, but it can also help you identify risk proactively to avoid costly mistakes down the road. Risk mitigation tools are a key component of any risk modeling strategy and can help you maintain compliance, expose potential fraud, maximize the value of your portfolio and create a better overall customer experience. Advanced risk modeling techniques In the realm of risk modeling, the integration of advanced techniques like machine learning (ML) and artificial intelligence (AI) is revolutionizing how financial institutions assess and manage risk. These technologies enhance the predictive power of risk models by allowing for more complex data processing and pattern recognition than traditional statistical methods. Machine learning in risk modeling: ML algorithms can process vast amounts of unstructured data — such as market trends, consumer behavior and economic indicators — to identify patterns that may not be visible to human analysts. For instance, ML can be used to model credit risk by analyzing a borrower’s transaction history, social media activities and other digital footprints to predict their likelihood of default beyond traditional credit scoring methods. Artificial intelligence in decisioning: AI can automate the decisioning process in risk management by providing real-time predictions and risk assessments. AI systems can be trained to make decisions based on historical data and can adjust those decisions as they learn from new data. This capability is particularly useful in credit underwriting where AI algorithms can make rapid decisions based on market conditions. Financial institutions looking to leverage these advanced techniques must invest in robust data infrastructure, skilled personnel who can bridge the gap between data science and financial expertise, and continuous monitoring systems to ensure the models perform as expected while adhering to regulatory standards. Challenges in risk model validation Validating risk models is crucial for ensuring they function appropriately and comply with regulatory standards. Validation involves verifying both the theoretical foundations of a model and its practical implementation. Key challenges in model validation: Model complexity: As risk models become more complex, incorporating elements like ML and AI, they become harder to validate. Complex models can behave in unpredictable ways, making it difficult to understand why they are making certain decisions (the so-called "black box" issue). Data quality and availability: Effective validation requires high-quality, relevant data. Issues with data completeness, accuracy or relevance can lead to incorrect model validations. Regulatory compliance: With regulations continually evolving, keeping risk models compliant can be challenging. Different jurisdictions may have varying requirements, adding to the complexity of validation processes. Best practices: Regular reviews: Continuous monitoring and periodic reviews help ensure that models remain accurate over time and adapt to changing market conditions. Third-party audits: Independent reviews by external experts can provide an unbiased assessment of the risk model’s performance and compliance. These practices help institutions maintain the reliability and integrity of their risk models, ensuring that they continue to function as intended and comply with regulatory requirements. Read more: Blog post: What is model governance? How Experian can help Risk is inherent to business, and there's no avoiding it entirely. But integrating credit risk modeling into your operations can ensure stability and profitability in a rapidly evolving business landscape. Start with Experian's credit modeling services, which use expansive data, analytical expertise and the latest credit risk modeling methodologies to better predict risk and accelerate growth. Learn more *This article includes content created by an AI language model and is intended to provide general information.

For companies that regularly engage in financial transactions, having a customer identification program (CIP) is mandatory to comply with the regulations around identity verification requirements across the customer lifecycle. In this blog post, we will delve into the essentials of a customer identification program, what it entails, and why it is important for businesses to implement one. What is a Customer Identification Program (CIP)? A CIP is a set of procedures implemented by financial institutions to verify the identity of their customers. The purpose of a CIP is to be a part of a financial institution’s fraud management solutions, with similar goals as to detect and prevent fraud like money laundering, identity theft, and other fraudulent activities. The program enables financial institutions to assess the risk level associated with a particular customer and determine whether their business dealings are legitimate. An effective CIP program should check the following boxes: Confidently verify customer identities Seamless authentication Understand and anticipate customer activities Where does Know Your Customer (KYC) fit in? KYC policies must include a robust CIP across the customer lifecycle from initial onboarding through portfolio management. KYC solutions encompass the financial institution’s customer identification program, customer due diligence and ongoing monitoring. What are the requirements for a CIP? Customer identification program requirements vary depending on the type of financial institution, the type of account opened, and other factors. However, the essential components of a CIP include verifying the customer's identity using government-issued identification, obtaining and verifying the customer's address, and checking the customer against a list of known criminals, terrorists, or suspicious individuals. These measures  help detect and prevent financial crimes. Why is a CIP important for businesses? CIP helps businesses mitigate risk by ensuring they have accurate and up-to-date information about their customers. This also helps financial institutions comply with laws and regulations that require them to monitor financial transactions for any suspicious activities. By having a robust CIP in place, businesses can establish trust and rapport with their customers. According to Experian’s 2023 U.S. Identity and Fraud Report, more than 85% of consumers expect businesses to respond to their identity and fraud concerns, and these expectations have risen over the past several years. Having an effective CIP in place is part of financial institutions showing their consumers that they have their best interests top of mind. Finding the right partner It’s important to find a partner you trust when working to establish processes and procedures for verifying customer identity, address, and other relevant information. Companies can also utilize specialized software that can help streamline the CIP process and ensure that it is being carried out accurately and consistently. Experian’s proprietary and partner data sources and flexible monitoring and segmentation tools allow you to resolve CIP discrepancies and fraud risk in a single step, all while keeping pace with emerging fraud threats with effective customer identification software. Putting consumers first is paramount. The security of their identity is priority one, but financial institutions must pay equal attention to their consumers’ preferences and experiences. It is not just enough to verify customer identities. Leading financial institutions will automate customer identification to reduce manual intervention and verify with a reasonable belief that the identity is valid and eligible to use the services you provide. Seamless experiences with the right amount of friction (I.e., step-up authentication) should also be pursued to preserve the quality of the customer experience. Putting it all together As cybersecurity threats are becoming more sophisticated, it is essential for financial institutions to protect their customerinformation and level up their fraud prevention solutions. Implementing a customer identification program is an essential component in achieving that objective. A robust CIP helps organizations detect, prevent, and deter fraudulent activities while ensuring compliance with regulatory requirements. While implementing a CIP can be complex, having a solid plan and establishing clear guidelines is the best way for companies to safeguard customer information and maintain their reputation. CIPs are an integral part of financial institutions security infrastructures and must be a business priority. By ensuring that they have accurate and up-to-date data on their customers, they can mitigate risk, establish trust, and comply with regulatory requirements. A sound CIP program can help financial institutions detect and prevent financial crimes and cyber threats while ensuring that legitimate business transactions are not disrupted, therefore safeguarding their customers' information and protecting their own reputation. Learn more

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