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FTC Chairman Simons discusses initiatives targeting deceptive advertisers
On March 20, FTC Chairman Joseph Simons spoke at the 2019 ANA Advertising Law and Public Policy Conference to discuss FTC consumer protection initiatives, including those that target advertisers who make deceptive claims about their products. Simons noted that focusing solely on fraudulent advertising is not sufficient, and that the FTC is committed to investigating deceptive advertising intended to mislead consumers, even if the product or service is legitimate. Simons cited several recent enforcement actions, including challenges to dietary supplement health benefit claims and deceptive environmental claims, and stated the agency is prepared to “proceed in federal court as warranted.” (See InfoBytes coverage here and here.) Simons also commented that the FTC is rethinking its approach to the types of remedies used to enforce consumer protection laws in order to both deter future violations and provide meaningful relief to harmed consumers.
Concerning targeted advertising and its connection to privacy concerns, Simons discussed three relevant “fundamental principles of consumer protection”: companies should (i) be fully transparent about the true nature of their data collection and sharing practices; (ii) focus on consumer outcomes when making business decisions to use consumer data; and (iii) make themselves aware of the practices of companies with whom they do business.
OCC allows institutions affected by severe weather in Central Plains and Midwest to close
On March 19, the OCC issued a proclamation permitting OCC-regulated institutions, at their discretion, to close offices affected by severe weather in the Central Plains and Midwest regions of the U.S. “for as long as deemed necessary for bank operation or public safety.” In issuing the proclamation, the OCC noted that only bank offices directly affected by potentially unsafe conditions should close, and that institutions should make every effort to reopen as quickly as possible to address customers’ banking needs. The proclamation directs institutions to OCC Bulletin 2012-28 for further guidance on natural disasters and other emergency conditions.
OFAC sanctions Venezuela’s state gold mining company and its president for assisting Maduro regime
On March 19, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against Venezuela’s state-owned metals mining company and the company’s president. According to OFAC, the designations target the “illicit gold operations that have continued to prop up the illegitimate regime of former President Nicolas Maduro.” As a result, all property and interests in property of the sanctioned entity and individual, and of any entities owned 50 percent or more by them, which are subject to U.S. jurisdiction are blocked and must be reported to OFAC. U.S. persons are also generally prohibited from entering into transactions with them. OFAC’s announcement referred to Financial Crimes Enforcement Network advisories FIN-2017-A006 and FIN-2017-A003 for further information concerning the efforts of Venezuelan government agencies and individuals to use the U.S. financial system and real estate market to launder corrupt proceeds.
Visit here for continuing InfoBytes coverage of actions related to Venezuela.
California DBO seeks to revoke auto title lender’s license
On March 19, the California Department of Business Oversight (DBO) filed an administrative action to revoke the license and void loans made by a Southern California auto title lender for allegedly violating state lending laws. According to the DBO announcement, the lender allegedly, among other things, (i) charged consumers more interest than permitted by state law; (ii) failed to consider the borrower’s ability-to-repay; and (iii) engaged in “false and misleading” advertising. Specifically, DBO alleges that, in two separate examinations, it determined the lender included DMV fees in borrowers’ principal loan amounts to bring the loans above $2,500. DBO alleges these loans carried interest rates over 100 percent, while the state law cap is 30 percent for loans under $2,500. DBO also alleges the lender violated state law by failing to report the profits it made from a “duplicate-key fee” and made loans from unlicensed locations.
In addition to the formal accusation, the DBO also has commenced an investigation to determine whether the more than 100 percent interest rates that the lender charges on most of its auto title loans may be unconscionable under the law.
OCC fines national bank $25 million for violating Fair Housing Act
On March 19, the OCC announced that a national bank has agreed to pay a $25 million civil money penalty to resolve alleged violations of the Fair Housing Act. According to the OCC’s consent order, (i) from August 2011 to April 2015, the bank did not properly train loan officers about available mortgage discounts under its Relationship Loan Program (RLP); (ii) from August 2011 to November 2014, the bank failed to provide explicit instructions within their written guidelines that employees should offer those discounts to all eligible customers; and (iii) from August 2011 to November 2014, the bank did not require loan officers to document the reason for a customer’s rejection. Moreover, according to the OCC, the bank did not require loan officers to inform customers about potential mortgage discounts from August 2011 to January 2015. As a result, the OCC stated that certain borrowers allegedly did not receive RLP benefits for which they were eligible and were adversely affected on the basis of their race, color, national origin, and/or sex. The bank—which did not admit nor deny the allegations and self-reported the problems in 2015—initiated and has nearly completed a reimbursement plan, which will deliver roughly $24 million in restitution to the approximately 24,000 borrowers who may have missed out on the appropriate RLP benefit.
CFPB seeks to extend ECOA and credit card plan information collections
On March 20, the CFPB published in the Federal Register two requests to renew information collections, one on the “Report of Terms of Credit Card Plan,” which collects data from at least 150 financial institutions on credit card pricing and availability, and the other on ECOA and Regulation B. For both information collections, the Bureau is seeking comments on (i) whether the information collections are necessary for the proper function of the Bureau; (ii) if the Bureau accurately estimates the burden of the collection and how to minimize that burden; and (iii) how the Bureau can “enhance the quality, utility, and, clarity of the information” collected. Comments on both requests must be received by May 20.
OCC proposes partial assessment fee refunds
On March 20, the OCC published in the Federal Register proposed revisions to its assessment rules to provide partial assessment refunds to banks under OCC jurisdiction that exit OCC jurisdiction within the prescribed timeframe by the rule. In addition to technical and conforming changes, the proposed rule would maintain semiannual assessment fee payments, but would provide refunds equal to the prospective half of the assessment to banks that leave the OCC’s jurisdiction between the date of the applicable Call Report and the date of collection. Comments on the proposal are due by April 19, 2019.
CFPB enhances advisory committees
On March 21, the CFPB announced the Bureau’s advisory committee programs will be enhanced as a result of Director Kraninger’s engagement with current and former committee members during her three-month listening tour. Effective 2020, the committees—Consumer Advisory Board (CAB), Community Bank Advisory Council (CBAC), and Credit Union Advisory Council (CUAC)—will expand their focus to “broad policy matters” and will meet in-person three times a year, instead of two. Additionally, the Academic Research Council (ARC) will be a “Director-level” advisory committee and will meet separately, in-person and twice a year. Memberships to all committees will now be two-year terms, and the terms will be staggered. The Bureau is now accepting applications for 2020 committee membership. Applications must be submitted within 45 days of the notice being published in the Federal Register.
CFPB and FTC release 2018 FDCPA report
On March 20, the CFPB and the FTC released (here and here) their annual report to Congress on the administration of the FDCPA, which highlights the 2018 efforts of the agencies. The agencies coordinate in enforcement; share supervisory and consumer complaint information; and collaborate on education under a memorandum of understanding that was reauthorized in February. (Covered by InfoBytes here.) In the report, the Bureau acknowledges its intent to release a Notice of Proposed Rulemaking on debt collection covering issues such as “communication practices and consumer disclosures” in spring 2019. In addition to highlighting the Bureau’s debt collection education efforts, the report also states that in 2018 the Bureau (i) received approximately 81,500 debt collection complaints related to first-party and third-party collections; (ii) initiated six public enforcement actions alleging violations of the FDCPA, one resulting in an $800,000 civil money penalty; and (iii) identified one or more violations of the FDCPA through supervisory examinations.
As for the FTC, in addition to education efforts, the report states that in 2018 the agency (i) initiated or resolved seven enforcement actions, three of which were related to phantom debt collection, obtaining more than $58.9 million in judgments; (ii) returned money to thousands of consumers who were targeted by phantom debt collection operations; and (iii) banned 32 companies and individuals from working in the debt collection market.
Virginia requires breach of personal information notification
On March 18, the Virginia governor signed HB 2396, which amends the Code of Virginia and requires an individual or entity owning or licensing computerized data that includes personal information to disclose all data breaches without “unreasonable delay” to the Virginia Attorney General and any affected Commonwealth residents. Under HB 2396, “personal information” is defined as “the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of the Commonwealth, when the data elements are neither encrypted nor redacted.” The list of data elements was amended to add passport numbers and military identification numbers to the previous list, which included social security numbers, driver’s license numbers, and financial account numbers or credit/debit card numbers combined with codes or passwords that would grant access to a consumer’s financial account. The amendment is effective July 1.