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Expert Analysis

The Diminishing Role Of Agency Guidance

By David Freeman Jr., Christopher Allen, Michael Mancusi, Brian McCormally and Kevin Toomey (September 19, 2018, 1:37 PM EDT) -- On Sept. 11, 2018, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corp., the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Bureau of Consumer Financial Protection (CFPB) issued an interagency statement that seeks to clarify the role of supervisory guidance, which, in sum, states that supervisory guidance, unlike statutes and regulations, does not have the "force and effect of law."...

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