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Inside the CFPB
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Lenders Counter CFPB on Liability for Appraisers

May 1, 2023
Brandon Ivey
The MBA submitted a brief in court pointing out flaws with legal arguments from the CFPB and DOJ regarding the liability lenders face from appraisers.
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Study: Banks Pass CCPA Cost Burden to Borrowers

May 1, 2023
Sam Manas
A new study has found that the California Consumer Protection Act increased California mortgage interest rate spreads — especially for banks — and contracted the supply of credit to low-income areas.
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Federal Agencies Target Bias in Automated Systems

May 1, 2023
Brandon Ivey
The CFPB and three other federal agencies issued a statement highlighting concerns about bias in automated systems. The CFPB is particularly concerned about home valuations, lending and marketing.
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Other News in Brief

May 1, 2023
Brandon Ivey
New APOR calculations; regulators help with LIBOR transition; CFPB puts credit reporting agencies on alert; data breach involving former CFPB employee; lender settles with Arizona AG.
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Mortgage Complaints Rise Sharply in First Quarter

April 17, 2023
Andras Malatinszky
Mortgage-related complaints filed with the CFPB grew by 41.2% to 7,016 in the first quarter of 2023. Servicing-related complaints were the largest group, largely due to issues in the payment process. (Includes two data charts.)
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FDIC Cites Illegal Referrals in 2022 Supervisory Report

April 17, 2023
Sam Manas
The federal agency found instances of illegal mortgage loan referrals and redlining during supervisory examinations of financial institutions.
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CFPB Abusiveness Guidance Prompts Legal Scrutiny

April 17, 2023
Sam Manas
The policy statement outlining prohibition on abusive acts and practices subjectively expands the bureau’s authority and could impact conduct permitted by safe harbors in federal consumer protection laws, according to industry attorneys.
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Rep. McHenry Threatens to Use Block Section 1071 Rule

April 17, 2023
Sam Manas
Rep. Patrick McHenry, R-NC, has threatened to use the Congressional Review Act to prevent implementation of the CFPB’s new reporting requirements on small business lending.
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AI/ML Tools Require Ongoing Compliance Tests

April 17, 2023
Sam Manas
The Equal Credit Opportunity Act includes an affirmative obligation to continually search for whether any adverse impacts from a model can be mitigated by a less discriminatory alternative.
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Proposed Nonbank T&C Registry is Illegal, Trade Groups Say

April 17, 2023
Sam Manas
The proposal is an attempt by the CFPB to circumvent the limits of its authority with respect to arbitration agreements, said trade groups.
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