Archive

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 […]

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CFPB ADVISORY OPINIONS

On November 30, 2020, the Consumer Financial Protection Bureau (CFPB) issued its Advisory Opinions Policy, which sets forth procedures to facilitate the submission by interested parties of requests that the CFPB issue advisory opinions, in the form of interpretive rules, to resolve regulatory uncertainty, and the manner in which the Bureau will evaluate and respond to such requests. The CFPB also released its first Advisory Opinions that clarify the following Regulation Z issues: Private Education […]

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UPDATE TO THE 2021 HMDA FIG

On November 23, 2020, the Consumer Financial Protection Bureau (CFPB) published minor edits to the Filing Instructions Guide for HMDA Data Collected in 2021 (FIG). The 2021 version of the FIG was initially published in August 2020. Subsequent changes were made in: August 2020              Section 3.4, Table 2 – Updated Automated Underwriting System valid values; September 2020       Section 3.4, Table 2 – Added and updated Automated Underwriting System valid values; Section 4.2.2 – Corrected date listed […]

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CFPB PUBLISHES FINAL DEBT COLLECTION PRACTICES ACT RULE

On October 30, 2020. the Consumer Financial Protection Bureau (CFPB) issued a final Regulation F, which governs the activities of debt collectors. The final rule addresses, among other things, communications in connection with debt collection and prohibitions on harassment or abuse, false or misleading representations, and unfair practices in debt collection. The final rule: Will be effective one year after publication in the Federal Register, which is expected soon. Together with the supplementary information, runs […]

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CFPB SETTLES NINTH AND FINAL VA CONSENT DECREE

On October 26, 2020, the Consumer Financial Protection Bureau (CFPB) issued a consent order against Low VA Rates LLC (Low VA Rates) to address the CFPB’s finding that Low VA Rates sent consumers mailers for mortgage loans guaranteed by the U.S. Department of Veterans Affairs (VA) that contained false, misleading, and inaccurate statements. Low VA Rates’ conduct violated the Consumer Financial Protection Act’s (CFPA) prohibition against deceptive acts and practices, the Mortgage Acts and Practices […]

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