Recently the CFPB published the Fall 2015 version of its Semi-Annual Agenda. As expected, it is full of changes that will occupy us for years to come. Arbitration – The CFPB is in the early phases of the rulemaking process to address concerns related to the use of arbitration agreements in connection with credit cards, deposit accounts, payday loans and various other consumer financial products or services. The agency may prevent companies from using these agreements […]
Tag: Regulation Z
FDIC ISSUES SUPERVISORY EXPECTATIONS FOR TRID
Friday, October 2, 2015 at 4:23pm, the FDIC issued Financial Institution Letter 43-2015 which provides insight into what financial institutions can anticipate when examined by the FDIC in upcoming months. The FIL highlighted its initial supervisory expectations including: The use of the interagency examination procedures to evaluate financial institutions for compliance with the TRID rules. A copy of these procedures, which are available in the FDIC’s Compliance Examination Manual, is available here. Financial institutions may […]
WHEN DO WE HAVE AN APPLICATION?
We have had several recent questions on this topic. What constitutes an application for TRID is very different from the concept of “application” for the purpose of providing an adverse action notice under Regulation B or reporting data under Regulation C. It would take a large book to thoroughly explore all the nuances of “applications” under federal laws. This article explores only a few basic concepts. Regulation Z Under Section 1026.2(a)(3)(ii), for transactions subject to […]
DIFFERENT PENALTY FOR UDAAP AND REGULATION Z VIOLATIONS
Recently shares in a South Carolina lending business plummeted after the company disclosed it might face legal action from the Consumer Financial Protection Bureau (CFPB). Shares of World Acceptance Corporation (World), a Greenville-based company, dropped by almost $19, or 36 percent per share, to about $33. The company disclosed last year that it received a “civil investigative demand” from the CFPB. At that time, the agency said it was trying to determine whether the lender […]
TRID DISCLOSURE FOR PREFERRED-RATE LOANS
Typical preferred-rate loans might include a fixed-rate mortgage loan that carries a preferred rate as long as the borrower remains an employee of the financial institution or as long as a deposit account remains open. This loan type raises several issues under TRID rules including, which product description should be used. The product description, explained in §1026.37, must classify the rate as “Adjustable Rate,” “Step Rate,” or “Fixed Rate.” For an “Adjustable Rate” the rates […]