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Financial Services Law Insights and Observations

FTC issues annual summary of ECOA activity to CFPB

Federal Issues FTC CFPB ECOA FTC Act Servicemembers Regulation B Consumer Protection

Federal Issues

On February 26, the FTC announced it had recently provided the CFPB with its annual summary of work on ECOA-related policy issues including the following FTC research and policy development initiatives:

  • The FTC held a series of public hearings on competition and consumer protection in the 21st century. Session seven specifically addressed issues related to the use of algorithms, artificial intelligence, and predictive analytics. Panelists addressed how fairness, bias, and discrimination may impact the use of such technologies and debated whether current legal protections such as ECOA sufficiently cover these issues.
  • The FTC continued its qualitative study of consumer experiences when buying and selling automobiles at dealerships, which the agency believes will help focus initiatives, such as educating consumers about the purchase and financing process and providing business education to promote compliance with the FTC Act and ECOA.
  • The FTC’s Military Task Force, which consists of a cross-section of agency representatives, continued to work on military consumer protection issues. Workshops were conducted to examine financial issues and scams targeting military consumers, including servicemembers and veterans. In addition, the FTC participated in a training program for servicemembers and their families to discuss ECOA and Regulation B protections.
  • The FTC maintained its membership in the Interagency Task Force on Fair Lending, along with the CFPB, DOJ, HUD, and the federal banking regulatory agencies, and participated in the Financial Fraud Enforcement Task Force.

Concerning fair lending, the FTC stated that it provided education on several topics, including those related to credit transactions that fall under Regulation B.