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CFPB Says ECOA Applies to an Accounts Full Life Cycle, including Collection Procedures

On May 9, 2022, the CFPB announced it issued an advisory opinion stating that in its opinion, the Equal Credit Opportunity Act (ECOA) applies to every aspect of dealing with a creditor, not just to the credit application process. The advisory opinion indicates ECOA protections apply to revocation, collection procedures, alteration or termination of credit, and anything else that takes place after credit has been extended.

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Is your data a revenue generator or compliance hazard?

Your company is collecting more data than ever, and it matters how you protect it. Companies that manage data well can use it to generate revenue. Those that don't are just generating compliance risk. Which company is yours? ​Find out tomorrow, May 11 at 2pm ET at Data Matters: How to Build the Foundation of Your Data Stewardship, Standardization, & Security Programs, part 3 of a ​3-part webinar series​ from iA Strategy & Tech​​. For business leaders AND CTOs/CIOs. ​Register here.
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insideARM is grateful to our 2022 Strategic Supporters:

NCB Crown Asset Management Spring Oaks Capital TransUnion Provana

CFPB Argues the FCRA Requires Furnishers to Investigate Legal Issues Raised in Consumer Disputes

On April 7, the Consumer Finance Protection Bureau (CFPB or Bureau) filed an amicus brief in an appeal, pending before the Court of Appeals for the Eleventh Circuit in which the Bureau argued that the Fair Credit Reporting Act (FCRA) does not exempt furnishers from investigating disputes based on legal questions as opposed to factual inaccuracies.

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Why the CFPB’s Expansion of its UDAAP Authority to Target Discrimination Requires Rulemaking

In a new blog post published on the Consumer Law & Policy Blog, Professor Jeff Sovern advocates very strongly in support of interpreting the “unfairness” prong of UDAAP to encompass discrimination in connection with credit and non-credit consumer financial products and services offered by banks and other persons covered by the Consumer Financial Protection Act (CFPA).  He supports his position by relying on the plain language of “unfair” (which is not inextricably tied to credit products) and the common sense notion that companies should not be able to discriminate in any fashion in connection with offering of consumer financial products or services.

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Boost Disputes Management Efficiency with Three Steps

Just like everyone else, you’re being flooded with credit reporting disputes. Disputes volumes continue to exhaust dispute processing operations. And volumes and complaints continue to rise. In 2021, the CFPB received more than 500,000 credit or consumer reporting complaints as compared to 319,000 in 2020 (roughly 57% increase).

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Is Express Revocation Necessary? District Court Finds Genuine Dispute of Material Fact Regarding TCPA Consent, Absent Evidence of Express Revocation

A Kentucky district court judge recently granted in part and denied in part a defendant’s motion for summary judgment in a Telephone Consumer Protection Act (TCPA) case, Barnett v. First National Bank of Omaha. The court held that the plaintiff’s request to have information sent to him via the mail instead of over the phone, along with the plaintiff’s refusal to talk to a collector when the defendant called after choosing mailed delivery, gave rise to a genuine issue of fact as to whether the plaintiff revoked consent to be contacted, even without explicit revocation. In Barnett v. First National Bank of Omaha, the court examined consent and revocation under the FCC regulations that implement the requirements of the TCPA.

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TJ44 and Provana Establish Compliance Advisory

PALM SPRINGS, Calif -- Provana, provider of the industry’s first unified platform for compliance and performance management, today announced a strategic partnership with TJ44 Consulting LLC, a compliance consultancy founded by Tara Trantham, who was previously Chief Legal Officer and Chief Compliance Officer at Southern Management Corporation, in addition to General Counsel and Senior Vice President at World Acceptance Corporation (WRLD).

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Complete Guide to Risk and Gap Assessments Part 2 - Corralling and Evaluating the Laws

12 May 2022 at 02:00 p.m.

Companies across the ARM industry have been busy lately - adding new technology, changing workflows and processes, and hustling to comply with Regulation F. Big shifts like these inevitably create new blind spots and add potential risk. You know regulators and consumer attorneys are looking for those blind spots. You have to find them first. In our last webinar, we discussed how to get started. In this webinar, we’ll help you start working on the actual assessment.

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