To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week:
- On December 16, the Consumer Financial Protection Bureau (CFPB) released a special edition of its Supervisory Highlights, focusing on illegal practices in student loan refinancing, servicing, and debt collection. The report details violations by lenders and servicers, including misleading borrowers about federal loan protections, unfairly denying discharge applications, and failing to address claims related to school misconduct. The report also highlights issues faced by federal loan borrowers returning to repayment post-COVID-19 payment pause, such as deceptive billing and inadequate customer service. For more information, click here.
- On December 12, the CFPB announced the finalization of its rule addressing overdraft fees. The rule targets financial institutions with more than $10 billion in assets, imposing new restrictions and requirements on how these institutions manage and charge for overdraft services. The rulemaking amends Regulations Z and E to provide that extensions of overdraft credit offered by very large financial institutions are required to adhere to consumer protections applicable to other financial products such as credit cards, unless the overdraft fee is at or below the institution’s costs and losses. For more information, click here.
- On December 12, the Federal Trade Commission (FTC) spotlighted a dramatic increase in online job scams, particularly those involving repetitive online tasks, known as task scams. Reports of these scams surged from zero in 2020 to 5,000 in 2023, and then quadrupled to approximately 20,000 in the first half of 2024. This rise in task scams has significantly contributed to the overall increase in reported job scam losses, which tripled from 2020 to 2023 and exceeded $220 million in the first six months of 2024. Task scams often begin with vague text or WhatsApp messages about online work, leading consumers to perform tasks for small payouts before being asked to invest their own money, which is then lost. Cryptocurrency is frequently used in these scams, with reported losses reaching $41 million in the first half of 2024. The FTC advises consumers to ignore unsolicited job offers, avoid paying to get paid, and be wary of offers to rate or “like” online content. For more information, click here.
- On December 12, U.S. Representative French Hill (R-AR) was chosen by the House GOP Steering Committee to be the next chair of the House Financial Services Committee. For more information, click here.
- On December 10, the National Credit Union Administration issued a letter to all federally insured credit unions, highlighting the risks associated with certain overdraft and nonsufficient funds fee practices. The letter emphasizes the potential harm to consumers and the heightened risks to credit unions, including reputational, consumer compliance, third-party, and litigation risks, resulting from these fees. For more information, click here.
- On December 10, the FTC announced that it is distributing more than $540,000 in refunds to victims of an abusive debt collector group. The FTC alleged that these entities used illegal robocalls to leave deceptive messages, falsely claiming that consumers faced imminent legal action for unpaid debts. When consumers returned the calls, the defendants purportedly misrepresented themselves as being from a mediation or law firm, threatened legal action, and used personal information to make the threats appear credible. The FTC alleged that, in many cases, the consumers did not owe the debt, or the defendants had no legal right to collect it. As a result of the 2021 settlement with the group, the FTC is sending checks to 1,625 consumers, each receiving $334.38. For more information, click here.
- On December 9, the CFPB announced the launch of a rulemaking process addressing credit reporting on survivors of domestic violence, elder abuse, and other forms of financial abuse. The CFPB’s Advance Notice of Proposed Rulemaking is in response to a petition submitted by the National Consumer Law Center and the Center for Survivor Agency and Justice. The petition asked the CFPB to amend the Fair Credit Reporting Act (FCRA), including: (1) modifying the definition of “identity theft” in Regulation V, which implements the FCRA, to include transactions “without effective consent”; (2) modifying the definition of “identity theft report” in Regulation V to include the modified definition of “identity theft”; and (3) clarifying that consumer reporting agencies cannot refuse to block coerced debt information. For more information, click here.
- On December 9, the CFPB took action against Performant Recovery, Inc. for engaging in unlawful student loan debt collection practices that cost borrowers thousands of dollars. The CFPB alleged that Performant deliberately delayed the loan rehabilitation process for defaulted borrowers, thereby generating fees for itself. As a result, Performant is banned from servicing or collecting any student loan debt and must pay a $700,000 penalty. For more information, click here.
- On December 6, the Financial Stability Oversight Council (Council) unanimously approved its 2024 annual report, which reviews financial market developments, identifies vulnerabilities and emerging threats to U.S. financial stability, and provides recommendations to mitigate these risks. The report, collaboratively developed by Council members and their agencies, finds the U.S. financial system resilient but emphasizes the need for ongoing vigilance. Key recommendations include enhancing cybersecurity measures, ensuring the resilience of depository institutions, improving oversight of third-party service providers, monitoring commercial real estate risks, regulating digital assets, and addressing vulnerabilities in investment funds. The Council calls for legislative actions to bolster regulatory frameworks and improve risk management across these areas. For more information, click here.