Archive

CFPB PROVIDES RESOURCES ON ELDER ABUSE

On May 6, 2019, the Consumer Financial Protection Bureau (CFPB) released an identity theft protection guide entitled “Protect Your Identity: What Older Customers Should Know” (Protection Guide) and on July 17, 2019 released “Reporting of Suspected Elder Financial Exploitation by Financial Institutions” (an update to the Advisory and Recommendations issued in 2016). Through the release of these tools for consumers the CFPB is hoping to educate elder consumers on preventative actions they can take to […]

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OPERATION CHOKE POINT LAWSUIT SETTLED

After nearly seven years of controversy, federal investigations, legal proceeding, assurances from the Department of Justice that the program had ended, as well as numerous (and still viable) attempts at legislation to prohibit similar initiatives, it seems the chapter on the DOJ’s Operation Choke Point may have finally come to a close with the FDIC’s recent settlement of the lawsuit related to the program. The FDIC has settled with Advance America et al. in a […]

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COMPLIANCE RISK – READING BUT NOT ACTING

In late 2017 the FDIC’s Dallas Region Quarterly Newsletter contained an article entitled Automated Overdraft Program and One-Time Debit and ATM Opt-In Procedure Considerations. The article described a situation observed in several examinations regarding overdraft programs and the interplay with Regulation E opt-in requirements. The well-written article concluded with the following admonition, “If you self-identify violations or potential issues described in this article, management should immediately modify procedures to prevent consumer harm, identify any customers […]

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BUREAU RELEASES COMPLAINT SNAPSHOT

On October 23, the Bureau of Consumer Financial Protection (the Bureau) released its Complaint Snapshot: 50 State Report. According to the Bureau, the report “…provides a high-level overview of trends in consumer complaints and supplements the Consumer Response Annual Report with more recent information on complaints about consumer financial products and services by state.” From July 2011, when the Bureau began receiving complaints, through June 30, 2018, the Bureau had received approximately 1,578,700 complaints. The […]

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CFPB RELEASES FALL 2018 RULEMAKING AGENDA

On Wednesday, October 17, the Consumer Financial Protection Bureau (CFPB, or the Bureau) released its second of two rulemaking agendas for 2018. The Fall 2018 installment of the semi-annual agenda includes items in the prerule, proposed rule, and final rule stages. In addition, the CFPB released a list of long term actions anticipated beyond the next 12 months. Three items are listed in the pre-rule stage. Those include rulemakings to exempt certain creditors with assets […]

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