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Home » Topics » Non-Mortgage Regulation » Other Non-Mortgage Regulation

Other Non-Mortgage Regulation
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CFPB Warns Credit Card Issuers in $186M Settlement With Chase

July 13, 2015
The CFPB rang the credit card industry’s bell last week, compelling JPMorgan Chase to refund at least $50 million to consumers and to pay $136 million in penalties and payments to settle an enforcement action related to allegations of selling bad debt and robo-signing documents. The lender also must pay a $30 million penalty to the Office of the Comptroller of the Currency in a related action. According to CFPB officials and attorneys general from 47 states and the District of Columbia, who collaborated in bringing the action, Chase sold credit card accounts to debt buyers that included amounts that were inaccurate, settled, discharged in bankruptcy, not owed, or otherwise not collectible. Debt buyers then sought to collect the faulty ...
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CFPB Cracks Down on Credit Card Vendors Over Add-On Products

July 13, 2015
The CFPB recently took action against some credit card add-on product vendors – Affinion Group Holdings and its affiliated companies, and Intersections Inc. – accusing the companies of charging consumers for credit card add-on benefits they did not receive. When it comes to Affinion, the CFPB alleges that from about July 2010 through August 2012, the company enrolled consumers in add-on products that claimed to provide consumers with credit monitoring, credit report retrieval, or both. Consumers generally paid between $6.95 and $15.99 per month for these products, which were typically billed directly to their credit cards or deposit accounts. However, the bureau alleges that Affinion or its partner banks billed full product fees to at least 73,000 accounts while failing to provide ...
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National Poll Finds Opposition to CFPB Monitoring, Restrictions

June 29, 2015
A new U.S. Consumer Coalition/Zogby Analytics poll found that a majority of Americans oppose the CFPB’s monitoring of Americans’ credit card purchases. According to the poll, which sponsors claim is the first national survey about the recent operations of the government agency, 55 percent of respondents believe the CFPB’s data collection program is similar or worse than the controversial NSA monitoring program. Further, only 20 percent of those polled believed that the CFPB should be able to collect and review Americans’ credit card statements without their knowledge. The poll also found that the majority of Americans oppose the bureau’s ongoing efforts to restrict access to certain consumer financial products. Nearly 70 percent of those polled said they believed that the ...
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Fitch Ranked 1st in ABS Ratings During 1Q15, DBRS Led the Market in Rating Non-Agency MBS

June 26, 2015
Neither of the credit-rating industry’s perennial market leaders – Standard & Poor’s and Moody’s Investors Service – managed to claim a top spot during the first quarter of 2015, according to a new Inside MBS & ABS ranking. Fitch Ratings ranked as the top player in rating the bigger non-mortgage ABS market. The company rated 43 ABS issued during the first quarter that represented 64.2 percent of total issuance by dollar amount. The company rated all eight credit-card ABS issued in early 2015, along with most of the student-loan deals. Fitch raised...[Includes two data tables]
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SFIG Offers Alternative Card ABS Disclosure Format That Has Backing of Issuers and Investors

June 26, 2015
Proposed credit card ABS disclosure requirements from the Securities and Exchange Commission could compromise commercially sensitive proprietary issuer information and prove too burdensome for issuers, according to the Structured Finance Industry Group. The industry group this week unveiled an alternative card ABS format that was endorsed by both its issuer and investor members. The three-part disclosure “would provide more information on more metrics” than either of two options proposed by the SEC. Last year, the SEC adopted...
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Court Departs from Long-Held Federal Preemption for Nonbanks, Prompting Concern in Securitization Industry

June 12, 2015
Securitization industry participants are concerned about a recent ruling in a federal appeals court that overturned longstanding preemption certain nonbanks have enjoyed from state laws, including standards for debt collection. The ruling in late May by the Second Circuit Court of Appeals in the case of Madden v. Midland Funding could pose “significant implications for the securitization industry,” according to the Structured Finance Industry Group. The case involves...
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FINRA Starts Disclosing Post-Trade Pricing Details For ABS, Transparency Expected to Slow Trading

June 5, 2015
The Financial Industry Regulatory Authority started publishing pricing data for a broad range of ABS this week in an effort to increase transparency. Industry participants suggest that the new disclosures will prompt a decrease in trading and have some impact on pricing. The ABS pricing details are available through the Trade Reporting and Compliance Engine and include deals issued as 144A private placements. “The dissemination of transaction information in ABS is...
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CFPB Wins $27.7M Judgement Against Foreclosure Relief Firm

June 1, 2015
The CFPB and the Florida Attorney General’s office were granted a $27.7 million final judgment on Friday against the Hoffman Law Group and corporate affiliates, which allegedly used deceptive marketing practices and scammed distressed homeowners into paying illegal advance fees. The lawsuit named Hoffman Law Group (formerly Residential Litigation Group), its operators, Michael Harper, Benn Willcox and attorney Marc Hoffman, and its affiliated companies, Nationwide Management Solutions, Legal Intake Solutions, File Intake Solutions, and BM Marketing Group, all based in North Palm Beach, FL. The two government agencies accused the companies of tricking consumers into paying millions of dollars in illegal upfront fees to join frivolous lawsuits that the companies falsely claimed would pressure banks to modify their loans or ...
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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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