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  • DFPI highlights CCFPL enforcement actions

    State Issues

    On June 8, the Department of Financial Protection and Innovation (DFPI) released its second annual report covering California Consumer Financial Protection Law (CCFPL) actions two years after the statute took effect. DFPI reported growth across rulemaking, enforcement, supervision, complaint handling, stakeholder outreach, and consumer education. It also developed several new department functions to support historically underserved communities.

    According to the report, DFPI’s increased visibility in the consumer protection space has generated more consumer complaints, resulting in more enforcement actions. Compared to 2021, there was a 514 percent increase in CCFPL-related complaints (approximately 454 complaints), and an 85 percent increase in CCFPL-related investigations (approximately 196 investigations). Top complaint categories included debt collection and crypto assets, with student loan servicers and credit reporting closely following at third and fourth. To address these issues, DFPI opened 110 crypto-related investigations and launched a consumer alerts page on its website featuring 67 public actions and 65 consumer alerts.

    Other key takeaways from the report include that DFPI (i) ordered more than $250,000 in penalties; (ii) ordered over $300,000 in restitution to consumers; (iii) brought its first two civil actions using CCFPL authority; (iv) had 105,000 people attend its outreach and education events; (v) published a notice of proposed rulemaking requiring providers of certain financial services and products to register with the DFPI; and (vi) chaptered two pieces of legislation adding to the laws that DFPI may enforce under the CCFPL.

    State Issues DFPI Consumer Finance CCFPL Enforcement State Regulators Consumer Protection Consumer Complaints

  • DFPI proposes new CCFPL modifications on complaints and inquiries

    State Issues

    On April 14, the California Department of Financial Protection and Innovation (DFPI) released a third round of modifications to proposed regulations for implementing and interpreting certain sections of the California Consumer Financial Protection Law (CCFPL) related to consumer complaints and inquiries. DFPI modified the proposed text in December and March (covered by InfoBytes here and here) in response to comments received on the initially proposed text issued last year to implement Section 90008 subdivisions (a) (b), and (d)(2)(D) of the CCFPL (covered by InfoBytes here). Subdivisions (a) and (b) authorize the DFPI to promulgate rules establishing reasonable procedures for covered persons to provide timely responses to consumers and the DFPI concerning consumer complaints and inquiries, whereas subdivision (d)(2)(D) permits covered persons to withhold certain non-public or confidential information when responding to consumer inquiries.

    DFPI considered comments on the most recent proposed modifications and is now proposing further additional changes:

    • Amended definitions. The proposed modifications change “officer” to “complaint officer” and expand the definition to mean “an individual designated by the covered person with primary authority and responsibility for the effective operation and governance of the complaint process, including the authority and responsibility to monitor the complaint process and resolve complaints.” References to “officer” have been changed to “complaint officer” throughout.
    • Complaint processes and procedures. The proposed modifications make clarifying edits to the requirements for annual notices issued to consumers (disclosures must be provided “in a clear and conspicuous manner”), and specify that complaints pertaining solely to entities not involved in the offering or providing of the financial product or service being reported on should not be included in the number of complaints received.
    • Inquiry processes and procedures. The proposed modifications clarify that should an inquirer indicate any dissatisfaction “regarding a specific issue or problem” concerning a financial product or service or allege wrongdoing by the covered person or third party, the inquiry should be handled as a complaint.

    Comments are due April 29.

    State Issues Agency Rule-Making & Guidance State Regulators DFPI CCFPL Consumer Complaints

  • CFPB received nearly 1.3 million consumer complaints in 2022

    Federal Issues

    On March 31, the CFPB published its Consumer Response Annual Report for 2022, providing an overview of consumer complaints received by the agency between January 1 and December 31, 2022. According to the report, the Bureau received approximately 1,287,000 consumer complaints last year and sent more than 820,000 complaints for review and response to roughly 3,200 companies. Among other trends, the Bureau found that complaints about credit or consumer reporting continued to increase, accounting for more than 75 percent of all complaints received last year. Checking and savings account-related complaints also increased. Many consumers reported issues with managing their accounts, including account closures, fraudulent activity, and issues with customer service. While complaints relating to student loans comprised a small percentage of complaints overall, the Bureau noted a significant increase from prior years, largely due to consumers reporting issues with their lender or servicer. Consumers described issues with repayment pause extensions, proposed changes to the federal loan program, and forgiveness programs. Additionally, the Bureau observed an increase in complaints about money service fraud and scams, where consumers reported losing money through phishing/smishing scams or via fraudsters who posed as investment or financial institution representatives to steal virtual currency. The most complained-about products and services—representing approximately 95 percent of all complaints—were credit or consumer reporting, debt collection, credit cards, checking or savings accounts, and mortgages. The Bureau also received complaints related to money transfers and virtual currency; vehicle finance; student, personal, and payday loans; prepaid cards; credit repair; and title loans.

    Federal Issues CFPB Consumer Complaints Consumer Reporting Student Lending Fraud Consumer Finance

  • DFPI releases more proposed CCFPL modifications on complaints and inquiries

    State Issues

    On March 23, the California Department of Financial Protection and Innovation (DFPI or the Department) released a second round of modifications to proposed regulations for implementing and interpreting certain sections of the California Consumer Financial Protection Law (CCFPL) related to consumer complaints and inquiries. As previously covered by InfoBytes, DFPI issued a notice of proposed rulemaking (NPRM) last May to implement Section 90008 subdivisions (a) (b), and (d)(2)(D) of the CCFPL. Subdivisions (a) and (b) authorize the DFPI to promulgate rules establishing reasonable procedures for covered persons to provide timely responses to consumers and the DFPI concerning consumer complaints and inquiries, and subdivision (d)(2)(D) permits covered persons to withhold certain non-public or confidential information when responding to consumer inquiries. The first round of proposed modifications to the NPRM was released in December (covered by InfoBytes here).

    DFPI considered comments received on the initially proposed text and the proposed modifications and is now proposing the following additional changes:

    • Applicability. The proposed modifications clarify that Sections 1072, 1073, and 1074 apply only to covered persons required to be licensed by the DFPI or registered with the DFPI “pursuant to Financial Code sections 90009 and 90009.5, including any rules promulgated thereunder.”
    • Amended definitions. The proposed modifications add an additional exclusion from the definition of “complaint[,]” excluding a “notice of error filed with a remittance transfer provider.” “Complainant” is amended to clarify that it does not include individuals who are not residents of California at the time “the act, omission, decision, condition, or policy giving rise to the complaint was applied to the consumer.”
    • Complaint processes and procedures. Among other things, the proposed modifications add requirements that (i) covered persons issue initial and annual disclosures to California residents that include the procedures for filing a complaint; (ii) the main home page or main contact page include the set hours a live representative is normally available to accept oral complaints; (iii) all written communications—not just the final decision—related to a complaint must be submitted in the language in which the contract was negotiated; and (iv) make changes to DFPI’s annual complaint report requirements, including a new category related to nuisance complaints.

    Comments are due April 7.

    State Issues State Regulators DFPI CCFPL Consumer Complaints Agency Rule-Making & Guidance California

  • FTC says fraud cost consumers $8.8 billion in 2022

    Federal Issues

    On February 23, the FTC released data showing 2.4 million consumers reported losing a total of nearly $8.8 billion to fraud in 2022—a more than 30 percent increase from the prior year. Investment scam losses totaled more than $3.8 billion (the most of any category in 2022 and double the amount of investment scam losses reported in 2021). Imposter scam losses came in at $2.6 billion, up from $2.4 billion in 2021. The FTC reported receiving more than 5.1 million reports directly from consumers, federal, state, and local law enforcement agencies, the Better Business Bureau, industry members, and non-profit organizations. In addition to fraud reports, the FTC received identity theft reports and complaints related to issues concerning problems with credit bureaus, banks, and lenders. Reports received through the FTC’s database serve as the starting point for many of the FTC’s enforcement investigations, the agency said, adding that reports are also shared with federal, state, local, and international law enforcement professionals. Full coverage of the reports received in 2022 can be accessed here.

    Federal Issues FTC Consumer Finance Fraud Enforcement Consumer Complaints

  • DFPI modifies proposed regulations for complaints and inquiries under the CCFPL

    State Issues

    On December 22, the California Department of Financial Protection and Innovation (DFPI) released modifications to proposed regulations for implementing and interpreting certain sections of the California Consumer Financial Protection Law (CCFPL) related to consumer complaints and inquiries. As previously covered by InfoBytes, DFPI issued a notice of proposed rulemaking (NPRM) last May to implement Section 90008 subdivisions (a) and (b) of the CCFPL, which authorize DFPI to promulgate rules establishing reasonable procedures for covered persons to provide timely responses to consumers and DFPI concerning consumer complaints and inquiries, as well as subdivision (d)(2)(D), which “permits covered persons to withhold nonpublic or confidential information, including confidential supervisory information, in response to a consumer request to the covered person for information regarding a consumer financial product or service.”

    After considering comments received on the NPRM, changes proposed by the DFPI include the following:

    • Amended definitions. The proposed regulations will not apply to, in addition to consumer reporting agencies and student loan servicers, a person or entity already exempt from the CCFPL under Section 90002. The definition of “complaint” is amended to include “an oral or written expression of dissatisfaction from a complainant regarding a specific issue or problem with a financial product or service.” Additionally, “complainant” is amended to also provide that a consumer must have been a resident of California at the time of the act, omission, decision, condition, or policy giving rise to the complaint. The proposed regulations also outline several categories that are not included in the definition of “complaint” or “inquiry.”
    • Complaint procedure updates. The proposed regulations outline requirements for covered persons related to consumer disclosures and written communications covering the complaint process. The proposed regulations also require covered persons to accept all complaints, whether written or oral, provided the complaint includes a reason for filing the complaint and sufficient information to identify the complainant.
    • Restrictions. Covered persons shall not (i) “[r]equest personal identifying information beyond what is reasonably necessary to identify the complainant and to send correspondence”; (ii) “[r]equest financial information unrelated to the specific complaint of the consumer:” or (iii) impose a time limit for filing a complaint that is shorter than one year from the time the complainant discovers the act, omission, decision, condition, or policy that is the subject of the complaint (if a time limit is imposed it must be stated in the required consumer disclosures).
    • Complaint acknowledgements. For every complaint received, covered persons must send the complainant a written acknowledgement of receipt that is postmarked or otherwise shows that acknowledgement was sent within five business days after receiving the complaint. Within 15 business days after receiving a complaint, a covered person must provide a final decision on all issues. If additional time is required, a covered person must provide the complainant with a written update within three business days after the initial 15-business day period ends.
    • Inquiry response requirements. Covered persons are required to develop and implement written policies and procedures to implement the regulations’ inquiry requirements, and must also respond to all issues raised by an inquiry within 10 business days. Covered persons must retain copies of all written inquiries and written responses for at least three years from the time the written response was issued.
    • Reporting requirements. Covered persons must submit an annual complaint report to DFPI for each financial product or service offered or provided that will be made available to the public with limited exceptions. Each report shall include information regarding all complaints received by the covered person during the reporting period, and must be filed electronically with the Consumer Financial Protection Division no later than 60 business days after the end of each calendar year.

    Comments on the proposed modifications are due January 20 (extended from January 13).

    State Issues State Regulators California DFPI CCFPL Consumer Complaints Consumer Protection Agency Rule-Making & Guidance Consumer Finance

  • CFPB aims to protect consumers at the local level

    Federal Issues

    On November 18, the CFPB released a blog describing how CFPB complaint data can help cities and counties protect the public. According to the Bureau, one of the major ways it regulates consumer financial products and services and protects consumers from unfair, deceptive, or abusive acts or practices is through collecting, monitoring, and responding to consumer complaints. The complaints the Bureau receives help inform its policy and regulatory priorities and enforcement activities, according to the blog. The Bureau further noted that consumer complaints “can shine a light on trends and practices that could cause another financial calamity and once again inflict long-term havoc on consumers’ financial wellbeing.” The Bureau said it intends to increase the impact of its complaint data by sharing it with cities and counties to protect consumers at the local level, which will be "a win-win for consumers and the CFPB” because it “helps protect as many consumers as possible from predatory lending, barriers to credit, and other consumer harms.” For its initial engagement, the Bureau chose cities and counties that were best positioned to benefit from the CFPB’s complaint data, including “[l]ocal governments with civil or criminal prosecutorial authority to monitor and enforce their own consumer protection laws as well as force-multiply enforcement of federal consumer financial protection laws such as those available under the Consumer Financial Protection Act”; and “[l]ocal governments with, or that are working to create, financial empowerment offices and developing financial empowerment strategies to improve financial stability for low- and moderate-income households.”

    The Bureau explained that after completing the review process, it onboarded the local governments to the CFPB’s Government Portal, which provides local, state, and federal government agencies access to more granular information about consumers’ complaints and companies’ responses through a secure interface. Onboarding to the Government Portal, which required the cities and counties to sign a confidentiality and data access agreement with strict personal data protection requirements, enables the cities and counties to, among other things: (i) view in real-time what consumers are experiencing in the financial marketplace and how companies are responding; (ii) download complaints to examine and enforce rules protecting consumers; and (iii) compare problems constituents are facing to other localities and nationwide. Through the Government Portal, local governments can directly submit constituents’ complaints and get responses from the companies. The Bureau noted that the complaint data can also help local government officials identify what gaps exist, and what fixes are needed, which therefore helps in its mission to foster increased consumer awareness and eventual empowerment.

    Federal Issues CFPB Consumer Finance Consumer Complaints UDAAP

  • CFPB highlights tenant background check problems

    Federal Issues

    On November 15, the CFPB issued two reports discussing issues related to the tenant background check industry. The Consumer Snapshot: Tenant Background Checks bulletin outlines difficulties that prospective renters encounter in connection with a landlord’s use of a tenant screening report, based on complaints submitted to the CFPB and CFPB-commissioned qualitative research. The Tenant Background Checks Market Report is based on data from industry research, legal cases, academic research, the CFPB’s market monitoring, and other third-party sources, and focuses on publicly available information from a sample of 17 tenant screening companies that offer services to landlords across the U.S. According to the Bureau, the reports describe how errors in these background checks contribute to rising costs and barriers to quality rental housing. The Bureau’s analysis of over 24,000 complaints highlights renter challenges associated with the industry’s failure to remove wrong, old, or misleading information or to conduct adequate investigations of disputed information.

    Highlights of Consumer Snapshot: Tenant Background Checks include:

    • More than 17,200 of the approximately 26,700 complaints related to tenant screening received by the Bureau from January 2019 through September 2022 were related to incorrect information appearing on a prospective renter's report.
    • Renters who submitted complaints about tenant screening reports described difficulties finding stable and secure housing due to negative information that was inaccurate, misleading, or obsolete.
    • The experiences of most applicants who encountered inaccurate or misleading information about evictions and rental debt in their reports indicate that the presence of eviction records has a high likelihood of leading to outright denials of rental housing.
    • Inaccuracies in criminal records may have an outsized impact on Native American, Black, and Hispanic communities as they are disproportionally represented in the criminal justice system.

    Highlights of the Tenant Background Checks Market Report include:

    • The coverage of rental payment history in the consumer reporting system is estimated to range between 1.7 percent to 2.3 percent of U.S. renters.
    • Approximately 68 percent of renters pay application fees when applying for rental housing, which are often used to cover the cost of tenant screening.
    • Market incentives generally value comprehensiveness of derogatory information at the expense of accurate information.
    • There may be a significant possibly that tenant screening reports overstate the risk of renting to any given applicant.

    Federal Issues CFPB Consumer Finance Consumer Complaints Landlords Dispute Resolution

  • CFPB analyzes crypto complaints

    Federal Issues

    On November 10, the CFPB released a consumer complaint bulletin analyzing consumer complaints related to crypto-assets that the Bureau received from October 2018 to September 2022. According to the report, the Bureau received more than 8,300 complaints, with the greatest number of complaints coming from California. Among the complaints, the most common issue consumers identified was fraud and scams, followed by transaction issues. Additionally, analysis suggests that complaints related to crypto-assets may increase when the price of Bitcoin and other crypto-assets increase. The report noted that consumers had issues with accessing funds in their accounts due to identity verification issues, security holds, or because of technical issues with platforms. The Bureau also reported that customer service issues also were a common theme across crypto-related complaints. Other highlights of the report included, among other things, that: (i) crypto-assets are often targeted in romance scams, where scammers play on a victim’s emotions to extract money; (ii) crypto-assets are a common target for hacking; (iii) older consumers report a higher rate of crypto-asset related frauds and scams compared to complaints overall; and (iv) crypto-asset complaints and fraud reports have also been increasing at the FTC and SEC. The Bureau also provided steps for consumers to take to protect themselves, such as watching for signs of a scam, reporting suspicious FDIC insurance claims, and submitting a complaint to the CFPB.

    Federal Issues Digital Assets CFPB Consumer Complaints Cryptocurrency

  • CFPB ombudsman releases mid-year update

    Federal Issues

    The CFPB Ombudsman’s Office issued its midyear update for 2022, which “provides an independent, impartial, and confidential resource to informally assist individuals, companies, consumer and trade groups, and others in resolving issues with the CFPB.” The Ombudsman received 1,108 individual inquiries—the most it has received in a six-month period for the past ten years. The Ombudsman noted that the CFPB had processed certain incoming consumer correspondence as inquiries rather than as consumer complaints, and as a result, they were not forwarded for company response. Based on the feedback, the Bureau added FAQs to the “Submit a complaint” webpage. In addition, later this year the Ombudsman plans to provide a summary of the feedback and recommendations from its post-examination survey of supervised entities, along with a further summary of the findings in its annual report. The update also discussed suggestions on draft CFPB materials, noting that “some of our feedback centered around clarity for the public as well as consideration of the public’s expectations in engaging with the CFPB.” Finally, the update noted that the Ombudsman’s Office intends to host a virtual Ombudsman Forum with organizations assisting consumers in the Midwest region. Feedback will be summarized in its annual report.

    Federal Issues CFPB Consumer Finance Consumer Complaints

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