DS News

DS News Jan 2023

DSNews delivers stories, ideas, links, companies, people, events, and videos impacting the mortgage default servicing industry.

Issue link: http://digital.dsnews.com/i/1490081

Contents of this Issue


Page 68 of 83

67 67 67 INVESTMENT GOVERNMENT PROPERTY PRESERVATION Journal Follow Us At: @DSNewsDaily CFPB TO ESTABLISH REGISTRY TO DETECT REPEAT OFFENDERS e Consumer Financial Protection Bureau (CFPB) has proposed requiring certain nonbank financial firms to register with the CFPB when they become subject to certain local, state, or fed- eral consumer financial protection agency or court orders. e CFPB has further proposed to pub- lish the orders and company information via an online registry. Larger companies subject to the CFPB's supervisory authority would be required to designate an individual to attest whether the firm is adhering to registered law enforcement orders. e CFPB's proposed rule would help the agency identify and mitigate risks to American households and ensure that supervised companies perform their obligations to consumers. "Protecting American households is a shared effort across local, state, and federal authori- ties," CFPB Director Rohit Chopra said. "e proposed registry will help the CFPB, the law enforcement community, and the public limit the harms from repeat offenders." Congress, in creating the CFPB, tasked the Bureau with monitoring for risks to consum- ers in the offering or provision of consumer financial products and services and supervising the activities of certain nonbanks. e reposi- tory will allow the CFPB to track and mitigate the risks posed by repeat offenders, while also being able to monitor all lawbreakers subject to agency and court orders. e CFPB will share this powerful source of information with others, including fellow regulators and law enforcement agencies, by making the registry public. e registry will help unify the efforts of consumer financial protection enforcers, as well as provide increased transparency and coordi- nation that is critical to ensuring accountability and fairness in the marketplace. e CFPB's proposal will enhance market monitoring and risk-based supervision efforts to ensure that the CFPB and its enforcement partners can identify previous lawbreakers and are positioned to take action to stop further large-scale harm or con- tinued illegal efforts across the country. rough the rule, the CFPB is proposing: • Covered nonbanks to report certain agency and court orders connected to consumer financial products and services: Generally, nonbanks would have to report final agency and court orders and judgments, including consent and stipulated orders, brought under federal consumer financial protection laws or state laws regarding unfair, deceptive, or abusive acts or practices. • Larger supervised nonbanks would designate a senior executive to attest regarding the firm's compliance with covered orders: Larger non- banks that are supervised by the CFPB would be required to designate a senior executive to submit an annual supervisory written statement attesting to the steps taken to oversee the activities subject to the order and whether the executive knows of any violations of, or other instances of noncom- pliance with, the covered order. In addition to publishing information about the agency or court order, the CFPB is con- sidering the publication of certain registration information about the company via a release on the CFPB's publicly available website. While the CFPB might later consider collecting or publishing the information de- scribed in the proposal from insured banks and credit unions, there is currently a greater need to collect this information from nonbanks under its jurisdiction. Among other things, the identity and size of all insured banks and credit unions are known to the CFPB. Also, there are only four federal prudential regulators for insured banks and credit unions, and they regularly pub- lish their consumer financial protection orders. In contrast, comprehensive, readily accessible in- formation is lacking about the identity of orders issued against nonbanks subject either to the CFPB's market monitoring authority or to its supervisory authority across the various markets for consumer financial products and services.

Articles in this issue

Archives of this issue

view archives of DS News - DS News Jan 2023