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Day 2 – ABA RCC

Welcome from Orlando and day two of the annual ABA Regulatory Compliance Conference. It was a jammed packed day of listening and learning from boots on the ground peers. My focus today was on a variety of topics; from CRA modernization, Patty Joyner’s take on today’s hybrid work environments, UDAAP, and the evolution of risk framework. It was hard to choose what sessions to attend. There were so many great topics to choose from. However, […]

FDIC ISSUES CMP FOR DECEPTIVE ADVERTISING

On March 10, the Federal Deposit Insurance Corporation (FDIC) issued a consent order to Magnolia Bank, Magnolia, KY, which included a $425,000 civil monetary penalty for violations of Section 5 of the Federal Trade Commission Act (UDAP). The FDIC found that the bank deceptively advertised “interest rates and fees for residential mortgage loans as the lowest on the market, with a promise of a ‘best rate guarantee,’ comparative shopping for such rates, and lower rates due […]

CFPB EXPANDS DISCRIMINATION PROTECTION TO DEPOSIT ACCOUNTS

On March 16, 2022, the Consumer Financial Protection Bureau (CFPB) announced that is using Unfair, Deceptive and Abusive Acts and Practices (UDAAP) rules to prevent discrimination in all consumer finance markets including credit, servicing, collections, consumer reporting, payments, remittances, and deposits. Examiners will require supervised companies to show their processes for assessing risks and discriminatory outcomes, including documentation of customer demographics and the impact of products and fees on different demographic groups. The CFPB will […]

SPECULATION ENDS – FDCPA AND UDAP CROSS PATHS

Massive revisions to the Fair Debt Collection Practices Act (FDCPA), and its implementing Regulation F, have been unfolding over the past few years. The final rule is effective on November 30, 2021, although the CFPB has proposed to extend the effective date to January 29, 2022. Many banks want to operate under the assumption that the FDCPA and Regulation F do not apply to their operations. We have steadfastly maintained that the law and regulation […]

EIGHTH CONSENT ORDER RELATED TO VA-GUARANTEED MORTGAGE LOANS

On September 14, 2020 the Consumer Financial Protection Bureau (CFPB) issued a consent order against ClearPath Lending, Inc., an Irvine, California, corporation that is licensed as a mortgage broker or lender in about 22 states. ClearPath offers and provides mortgage loans guaranteed by the U.S. Department of Veterans Affairs. The CFPB announcement said ClearPath’s principal means of advertising VA-guaranteed loans is through direct-mail advertisements sent primarily to U.S. military servicemembers and veterans. The CFPB found […]