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Furnisher Not on the Hook for Credit Report Interpretation

July 24, 2023
Sam Manas
The Seventh Circuit held that lenders are not liable for how credit reporting agencies interpret information provided on an automated credit dispute verification form.
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Junk Fee Definition Remains Nebulous, Attorney Says

July 10, 2023
Sam Manas
Attorney James Sandy of McGlinchey Stafford said that while there’s no legal definition of a junk fee, the CFPB has offered several examples, that can provide some lessons to financial institutions.
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CFPB, ACI Settle Over Erroneous Servicing Charges

July 10, 2023
Sam Manas
The $25 million settlement is the CFPB’s first enforcement action brought over information handling practices in processing mortgage payments. The settlement is tied to the Electronic Fund Transfer Act.
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CFPB Fair Lending Activity Level; Focus on Tech

July 10, 2023
Sam Manas
The bureau initiated 32 fair lending investigations in 2022. The most common issue leading to supervisory communication was related to mortgage origination underwriting policies and guidelines.
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MBA Requests Updates to Loss-Mitigation Rules

May 30, 2023
Sam Manas
In a petition filed with the CFPB, the Mortgage Bankers Association requested various changes to the Regulation X early intervention and loss-mitigation rules.
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Servicer Can’t Prove It Didn’t Receive QWR, Court Says

May 30, 2023
Sam Manas
A district court held that a borrower had provided enough evidence to show subservicer LoanCare had received a qualified written response and failed to respond as required by the Real Estate Settlement Procedures Act.
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Court Bars Enforcement Action Against Ocwen

May 15, 2023
Sam Manas
For the third time, a judge held that the CFPB’s claims against Ocwen Financial over alleged servicing-related violations of federal law, are barred by a 2014 consent order between the bureau and the servicer.
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CFPB’s Card Late Fee Proposal Faces Pushback

May 15, 2023
Sam Manas
Banking trade groups panned the rule as unnecessary and damaging to credit card issuers, especially smaller banks and credit unions. Michigan Democrat Rep. Rashida Tlaib has expressed “strong support” for the proposed rule.
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CFPB Aims to Limit Foreclosures on Old Second Liens

May 1, 2023
Brandon Ivey
The CFPB issued an advisory opinion last week reinforcing that the Fair Debt Collection Practices Act includes protections against collections on time-barred debt, including second liens originated prior to 2008.
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Chopra Offers Insight Into Section 1033 Rulemaking

April 3, 2023
Sam Manas
CFPB Director Rohit Chopra engaged in a live question-and-answer session last month, acknowledging banks’ concerns about nonbank coverage and liability flows.
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