Archive

Following yesterday’s article on the Actual /360 method of accruing interest on loans I received several comments. One commenter pointed out that laws of some states permit the practice. For example earlier this year the Texas legislature passed H.B. 1979 which states that a lender and a borrower may calculate the interest on a commercial loan using the “paid in kind” method, the “365/360” method, the method in the existing law, or any other method […]

A recent conversation with a compliance officer took me back to the earliest days of my career. The bank is in the middle of a conversion to a new core accounting system. One of the company reps suggested the bank adopt the 365/360 method of accruing interest. Apparently management was excited about the increased yields on the loan portfolio and wanted to move immediately on the suggestion. The compliance officer wanted to know if there […]

The emphasis on Unfair, Deceptive and Abusive Acts or Practices (UDAAP) is increasing. Violations are being cited with increasing frequency. The civil monetary penalties being imposed are substantial. While all of the federal regulatory agencies focus on the issue, the most intense focus seems to come from the Federal Deposit Insurance Corporation (FDIC). While all of the FDIC’s regions appear to be focusing on the issue, the most intense focus appears to be coming from […]

This is the second part of a five-part series that explores issues related to discount points. The previous article provided a primer on discount points. This article explores UDAAP concerns that result from unearned discount points. Unearned discount points may result in charges of unfair, deceptive or abusive acts or practices (UDAAP). An act or practice is deceptive when: The representation, omission, or practice misleads or is likely to mislead the consumer; The consumer’s interpretation […]

We have seen a recent string of enforcement actions from the Consumer Financial Protection Bureau involving deceptive marketing practices. There are lessons for all banks to learn from these actions. What the Actions Had in Common The action was taken by the CFPB in coordination with another federal regulator (FDIC in one and OCC in the other). The action involved huge financial institutions. The action resulted in huge penalties. The actions involved deceptive  acts in […]