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CFPB Rescinds Compliance Bulletin on Marketing Services Arrangements and Issues FAQs on RESPA Section 8

October 8, 2020 By Nanci Weissgold, Brian Johnson and Anoush Garakani

A&B ABstract:  On October 7, 2020, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) rescinded Compliance Bulletin 2015-05, RESPA Compliance and Marketing Services Agreements (“Bulletin 2015-05”).  In addition, the Bureau published Frequently Asked Questions (“RESPA FAQs”) on the Real Estate Settlement Procedures Act (“RESPA”) Section 8 topics in an effort to “provide clearer rules of […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Department of Housing and Urban Development (HUD), HUD, Real Estate Settlement Procedures Act (RESPA) Tagged With: #CFPB, HUD, Marketing Services Agreements, MSA, RESPA, Section 8

CFPB Issues CARES Act Consumer Reporting FAQs

June 23, 2020 By Nanci Weissgold, Brian Johnson and Ross Speier

A&B ABstract On June 16th, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued a Compliance Aid titled “Consumer Reporting FAQs Related to the CARES Act and COVID-19 Pandemic.” This Compliance Aid clarifies the Bureau’s April 1, 2020 Statement that providing furnishers flexibility in handling disputes during the pandemic is not unlimited, putting consumer reporting […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Consumer Loan, Fair Credit Reporting Act (FCRA), Mortgage Loans, Mortgage Servicing Tagged With: #CFPB, CARES Act, Covid-19, Forbearance, Mortgage Servicing

Misrepresentation and Deception: Government Enforcement Agencies Ready to Litigate

June 1, 2020 By Kathleen Benway, Kelley Barnaby and Kaelyne Wietelman

A&B ABstract:  The COVID-19 pandemic appears to be drafting the attention to consumer protection regulators to products that were active after the 2008 recession. In the midst of the global pandemic, with unemployment rates surging to unprecedented levels, consumer protection regulators appear focused on areas where cash-strapped consumers may turn,  such as credit repair, payday […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), State Law, Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPB, #consumerprotection, #FTC

Regulatory Agencies Issue Mortgage Servicing Guidance and FAQs for the CARES Act

April 6, 2020 By Consumer Finance Team

Our Financial Services & Products Group answers some questions mortgage servicers might have about how federal and state agencies will be flexible with enforcement under the CARES Act. What is the “covered period” for purposes of Section 4022? Can a servicer require a borrower to provide a written attestation? Should servicers report the status of […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Mortgage Loans, Mortgage Servicing Tagged With: #CFPB, CARES Act, Mortgage Servicing, Servicing

CFPB Issues Policy Statement on Dodd-Frank “Abusiveness” Standard, But Important Uncertainties Remain

February 21, 2020 By Kelley Barnaby, Nanci Weissgold and Ross Speier

A&B ABstract: The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued a Policy Statement to provide a framework for how it intends to apply the Dodd-Frank Act’s “abusiveness” standard going forward in its supervision and enforcement activities. While this framework attempts to provide clarity where the Dodd-Frank Act left uncertain what acts and practices […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act, Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPB, abusive, UDAAP

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