On March 31, 2021, the Consumer Financial Protection Bureau (CFPB) rescinded seven recent policy statements and one bulletin in an effort to ensure compliance with consumer protection laws and reinforce its supervisory and enforcement authority. These rescissions are effective April 1, 2021.

The policy statements, which were issued between March 26 through June 3, 2020,

Acting Director David Uejio Issues Warning: CFPB Will Take Aggressive Action with Regard to COVID-19 On January 28, 2021, Acting Director David Uejio of the Consumer Financial Protection Bureau (CFPB) confirmed the CFPB’s new, aggressive approach to enforcement of COVID-19-related matters. Uejio’s statement, posted as a blog, addresses several areas of concern discovered during last year’s Prioritized Assessments, including:

  • Mortgage servicers providing inaccurate information about CARES Act forbearances, failing

How to Handle Credit Reporting for Consumer Loans That Are Delinquent or in Default Due to COVID-19 Related DelaysAlthough the major federal banking and consumer lending regulatory industries have issued a joint statement indicating “that financial institutions should work constructively with borrowers and other customers in areas affected by COVID-19,” there are open questions regarding whether financial institutions should change their normal policies and procedures for furnishing credit reporting information regarding the status

Tracking Privacy: State Developments to Keep an Eye OnWe are a little more than two weeks into the new year and we’ve already seen several states introduce comprehensive privacy legislation on the heels of California’s Consumer Privacy Act (CCPA). It is no easy task to stay on top of (potentially) 50 different privacy requirements, each with differing applicability standards, definitions, requirements, obligations, and

Escrow Accounts and Chapter 13 Bankruptcy: Inherent Problems with Form B410AThe intersection of Chapter 13 bankruptcy and escrow accounts is complicated and confusing.  Since 2011, various bankruptcy rule and form changes have occurred in an effort to eliminate perceived problems with Chapter 13 escrow issues. This article explains how one of these changes – a revised version of a proof of claim attachment form –

The Conundrum of Credit Reporting In and After Bankruptcy: Help May Be on the Way

Creditors and credit furnishers often find properly reporting a payment status to Credit Reporting Agencies (CRAs) during, and after, bankruptcy a challenge. The recent Report of the American Bankruptcy Institute on Consumer Bankruptcy recognizes those challenges, and looks to convene a forum to provide better guidance and clarity as to proper credit reporting once a

CFPB Issues Second Consent Order under Acting Director MulvaneySecurity Group, Inc. and several of its wholly owned subsidiaries entered into a consent order with the Consumer Financial Protection Bureau (CFPB) in which it agreed to injunctive relief and to pay a $5 million penalty. Security Group is a financial services company that originates, purchases, services, and collects on short-term secured and unsecured loans.

In the Wake of Equifax: What Auto Dealers Need to Know About Data PrivacyFollowing the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to, take steps to protect their consumers’ private information. Although not traditionally considered “financial institutions,” auto dealers that engage in financial activities—those that extend

Student Loan Servicers Still Looking for Clarification on Reporting ObligationsThere is surprisingly little guidance for student loan servicers when it comes to credit reporting. The only recent guidance directed at loan servicers came by way of an announcement from the U.S. Departments of Education and Treasury and the Consumer Financial Protection Bureau (CFPB) on April 28, 2016 (DoE Fact Sheet). The DoE