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CFPB Brings $25M Enforcement Action Against PayPal Over Credit

June 1, 2015
The CFPB recently brought a $25 million enforcement action against PayPal, a division of eBay, alleging the company illegally signed up consumers for its online credit product, PayPal Credit, formerly known as Bill Me Later, which the company had acquired. Since 2008, PayPal has offered PayPal Credit to consumers across the country making purchases from thousands of online merchants, including eBay. The CFPB alleged that many consumers who were attempting to enroll in a regular PayPal account, or make an online purchase, were signed up for the credit product without realizing it. “The company also failed to post payments properly, lost payment checks, and mishandled billing disputes that consumers had with merchants or the company,” the agency added. “Tens of ...
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Industry Groups Still Concerned About Complaint Database

June 1, 2015
A number of industry groups representing a broad array of financial services providers took advantage of the CFPB’s latest inquiry about consumer complaint information to express their concerns with the bureau’s possible expansions of its related database. Earlier this year, the bureau issued a formal request for information about the Consumer Complaint Database, asking for “input from the public on the potential collection and sharing of consumer compliments about providers of consumer financial products and services and more information about a company’s complaint handling.” The bureau specifically asked for input on two key points, the first of which was ranking or otherwise sorting service providers by certain metrics related to the complaints they receive, allowing complainants to rate service providers’ ...
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Consumer Complaints about Credit Reporting Fall From Year Ago

June 1, 2015
Consumer complaints about credit reporting pretty much remained flat in the first quarter of 2015 from the fourth quarter of 2014 – up a scant 0.5 percent during that period – but dropped 11.0 percent overall from year-ago levels, a notable decline. An analysis of the CFPB’s consumer complaint database by Inside the CFPB found that each of the big three credit reporting firms – Experian, Equifax and TransUnion – saw declines year over year. Experian turned in the best performance of the three, however, seeing a drop of 18.4 percent. TransUnion was the only one of the big three to see a decline in both periods.Among specific complaints, “incorrect information” continues to represent the lion’s share of negative consumer feedback ... [with exclusive data chart]
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HMDA Final Rule Expected Sometime This Summer

June 1, 2015
The CFPB plans to release its long-awaited final rule to implement Dodd-Frank Act amendments to the Home Mortgage Disclosure Act in late summer, according to the bureau’s Spring 2015 rulemaking agenda, which was released late last month. “The proposal would help align the law with existing industry standards for collecting data on mortgage loans and applications,” said the agency. “It would also improve HMDA’s effectiveness through changes to institutional and transactional coverage, modifications of reporting requirements, and clarifications of existing regulatory provisions. We expect to release a final rule in late summer.” Elsewhere, the CFPB continues to be steadfast on the Aug. 1, 2015, effective date for its TILA/ RESPA integrated disclosure rule, and its latest rulemaking agenda betrays no ...
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Briefs: Worth Noting

June 1, 2015
FSOC Advises Continued Collaboration on Nonbank Mortgage Servicers. The Financial Stability Oversight Council, of which the CFPB is a member, expressed continuing concern about the large share of mortgage servicing rights being handled by nonbank mortgage servicers these days, and urged continued collaboration between state and federal regulators in ratcheting up their oversight to strengthen such companies. “[N]onbank mortgage servicing companies, which in recent years have purchased large amounts of mortgage servicing rights from banks and thrifts, have grown to account for a material portion of the mortgage servicing market,” the report said. FSOC went on to note that in January of this year, the Federal Housing Finance Agency proposed new minimum financial eligibility requirements for mortgage seller/servicers that do ...
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Briefs: “No Comment.”

June 1, 2015
Public Silent on Information Collection Plans to Survey Consumers, Conduct Cognitive Research. More than one week after the public comment period closed on two “generic information collection plans” from the CFPB, there was not a single public comment submitted for the official record, Inside the CFPB discovered when searching the U.S. government’s regulation.gov website. The first GICP had to do with surveys using the Consumer Credit Panel. In order to improve its understanding of how consumers engage with financial markets, the CFPB uses this CCP, a proprietary sample dataset from one of the national credit reporting agencies, as a framework to survey people about their experiences in consumer credit markets. The sample includes approximately 5 million de-identified credit records representing ...
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Bigger Winner in BofA SCOTUS Ruling: Holders of Second Liens

June 1, 2015
Brandon Ivey
“What Dewsnup held is that the lienholder, according to the basic non-bankruptcy bargain, is entitled to keep its lien until payment in full or until a lender decides to foreclose,” said attorney Danielle Spinelli...
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GSE Risk-Share Deals Have Plenty of Road Ahead, Unclear If They’ll Get to Deeper MI

May 29, 2015
Fannie Mae and Freddie Mac have found deep investor appetite for credit-risk transfer transactions, but their exploration of new structures may not get to the front-end tradeoff of deeper mortgage insurance for reduced MBS guaranty fees. During a panel session at last week’s secondary market conference sponsored by the Mortgage Bankers Association, Kevin Palmer, a Freddie vice president, said the government-sponsored enterprises launched their credit-risk transfers to reduce taxpayer exposure and distribute risk more broadly in the mortgage finance system. Fannie and Freddie have...
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Morningstar Rates Its First Re-REMIC, Firm Ready to Rate Non-Agency MBS

May 29, 2015
Morningstar Credit Ratings may increase its presence in the residential MBS market after rating its first re-securitization last week and revising its rating criteria for new non-agency MBS. The push follows Morningstar’s initial effort to rate non-agency MBS in 2012, which didn’t generate any business. The company has rated commercial MBS and single-family rental securities. Last week, the rating service published...
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Bank ABS Holdings Declined in Early 2015, Continuing a Trend That Began During 2013

May 29, 2015
Banks and thrifts held $155.55 billion of non-mortgage ABS on their books as of the end of March, a 2.3 percent decline from the previous quarter, according to a new Inside MBS & ABS analysis of call-report data. The first-quarter figures mark the fifth straight quarterly decline in bank ABS holdings, which peaked at $173.80 billion at the end of 2013. Bank ABS holdings were down 9.9 percent from the first quarter of last year. Almost every ABS category was...[Includes two data tables]
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