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Lending compliance and borrower data

This category covers the rules a lender follows when it collects and analyzes bank statements: privacy and safeguards duties, consumer report questions, adverse action notices, fair lending, ability to repay, open banking under section 1033, small business data collection and state disclosure laws for MCA funders. It also covers retention, consent forms and vendor risk. Start with Is Bank Statement Analysis a Consumer Report?, then read FTC Safeguards Rule for Lenders and Mortgage Brokers.

  1. Section 1071 Small Business Lending Rule Explained

    What the section 1071 small business lending rule requires: covered lenders, the data points collected, firewall rules and compliance dates.

    Published October 15, 2026section 1071Regulation Bsmall business data

  2. ESign Consent for Loan Documents: Getting It Right

    How to get esign consent for loan documents under the E-SIGN Act: disclosures, hardware notice, withdrawal rights and keeping the consent record.

    Published October 14, 2026E-SIGN Actelectronic disclosuresconsent

  3. Model Risk Management for Underwriting Software

    How model risk management for underwriting applies to statement analysis tools: validation, monitoring, change logs and what examiners ask.

    Published October 11, 2026model riskvalidationvendor softwareSR 26-2

  4. Borrower Authorization Form for Bank Statement Access

    What a borrower authorization form must cover before a lender verifies accounts or pulls statement data, the signature rules and how long it lasts.

    Published September 12, 2026borrower consentverificatione-signature

  5. OFAC Screening for Loans: Who to Check and When

    How OFAC screening for loans works: which parties to check, when to screen, handling possible matches and the records to keep for each loan file.

    Published September 4, 2026OFACsanctionsloan file

  6. Is Bank Statement Analysis a Consumer Report?

    Is bank statement analysis a consumer report under the FCRA? When a lender's own review stays outside it, when a vendor's report falls inside and why.

    Published July 25, 2026FCRAconsumer reportsvendors

  7. Regulation B Public Assistance Income Rules

    What Regulation B says about public assistance income, why lenders cannot discount it, and how to verify benefit deposits without bias.

    Published July 7, 2026Regulation BECOAbenefit income

  8. Is a Merchant Cash Advance a Loan? Court Tests

    Is a merchant cash advance a loan? The court tests for a true sale, reconciliation and term limits, and what recharacterization means for funders.

    Published June 26, 2026MCAusurytrue sale

  9. Section 1033 Rule: Open Banking Data for Lenders

    What the section 1033 rule means for lenders: consumer-permissioned account data, consent, data limits and how it changes statement collection.

    Published May 24, 2026section 1033open bankingconsumer consent

  10. FTC Safeguards Rule for Lenders and Mortgage Brokers

    What the FTC Safeguards Rule requires of lenders and mortgage brokers holding bank statements: a written program, encryption, MFA and breach notice.

    Published January 14, 2026Safeguards Ruleinformation securityGLBA

  11. CCPA for Lenders: Where GLBA Stops and CCPA Starts

    How CCPA for lenders works alongside GLBA: which borrower data is exempt, which is not, deletion requests and notices for California residents.

    Published January 8, 2026CCPAGLBAprivacy

  12. Commercial Financing Disclosure Laws for MCA Funders

    Which states have commercial financing disclosure laws, what MCA funders and business lenders must disclose and how estimated APR is calculated.

    Published January 3, 2026disclosureMCAestimated APR

  13. Business Purpose Loan Definition and Why It Matters

    The business purpose loan definition lenders use, how it changes which consumer laws apply and how to document purpose for investor and owner loans.

    Published December 23, 2025business purposeRegulation Zinvestor loans

  14. Third Party Risk Management for Lenders Buying Software

    Third party risk management for lenders buying statement analysis software: security questions, SOC reports, data location and contract terms.

    Published December 10, 2025vendor riskSOC 2Safeguards Ruledue diligence

  15. Fair Lending in Cash Flow Underwriting: Bias Checks

    How fair lending rules apply in cash flow underwriting: disparate impact from deposit rules, testing outcomes and documenting the reason for each rule.

    Published October 15, 2025fair lendingRegulation Bcash flow

  16. Ability to Repay Rule for Bank Statement Mortgages

    How the ability to repay rule applies to bank statement mortgages: the eight factors, reasonable income verification and the records lenders keep.

    Published October 14, 2025ability to repayRegulation Znon-QMincome verification

  17. Adverse Action Notice for Cash Flow Based Declines

    How to write an adverse action notice when bank statement cash flow drove the decline: specific reasons, timing and the ECOA and FCRA content rules.

    Published September 22, 2025adverse actionECOAFCRA

  18. BSA AML Program for Lenders Outside Banking

    Which nonbank lenders need a BSA AML program, the parts it must include, suspicious activity reporting and where bank statement reviews fit.

    Published August 26, 2025BSAAMLsuspicious activity

  19. KYB Verification for Lenders: Checking the Business

    How KYB verification for lenders confirms a business exists: filings, owners, EIN and address, and how bank statements match the business identity.

    Published July 15, 2025KYBbeneficial ownershipbusiness lendingidentity

  20. Data Breach Notification for Lenders Holding Statements

    Data breach notification for lenders: federal and state deadlines, who must be told, what notices say and how to prepare before statements leak.

    Published May 16, 2025data breachincident responsenotification

  21. GLBA Privacy Notice: What Lenders Must Send

    When a GLBA privacy notice is required, what it must say about sharing borrower data, the annual notice exception and how brokers deliver it.

    Published April 16, 2025privacyRegulation Pborrower data

  22. Loan File Retention Requirements for Bank Statements

    Loan file retention requirements for bank statements and analysis: federal minimums, state rules, declined files and how to delete data safely.

    Published March 22, 2025record retentionRegulation Bdata disposal

  23. MCA Broker License: States That Require One

    Which states require an MCA broker license or registration, what ISOs must disclose and how funders check broker compliance before paying.

    Published December 31, 2024MCA brokersISOregistration

  24. Secure Document Upload for Lenders Collecting Statements

    Why lenders need secure document upload instead of email for bank statements: encryption, access control, retention settings and borrower ease.

    Published November 29, 2024document uploaddata securityborrower experience

  25. ECOA Spousal Signature Rule for Loan Guarantees

    What the ECOA spousal signature rule allows and bans, when a lender may require a spouse to sign and how it applies to business guarantees.

    Published November 26, 2024ECOARegulation Bguaranteessignatures