How to Prepare and Know What's Coming
"UDAAP" could become the most significant term ever to affect bank compliance. That sounds pretty extreme, but is it? The Consumer Financial Protection Bureau has been given an almost-unlimited mandate under Dodd-Frank to "take any action…to prevent a covered person or service provider from committing or engaging in an unfair, deceptive, or abusive act or practice under Federal law in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service." "Any actions" include prescribing rules and regulations that identify practices as "unlawful" and can include requirements "for the purpose of preventing such acts or practices."
We've known about unfair and deceptive for years under the FTC Act (UDAP), but "abusive" is brand new. And although Dodd-Frank has some language around it, it's still pretty vague, and leaves it up to the Bureau to determine what will be acceptable and what will not. We've already had some clues about what might be coming down the road here, but this will be broader than identifying and stopping certain specific practices. It's a shift in focus of the regulatory thought process.
In this webinar, we'll talk about the big picture as well as specifics. We'll discuss what this type of blanket mandate will likely do to your products and services, and how to prepare - meaning with your senior management and Board. But we'll also talk about specific products and services likely to be in the UDAAP crosshairs sooner rather than later.
Topics we'll discuss:
UDAP vs. UDAAP: what does the introduction of "abusive" really do?
Definition of "abusive" and how it's likely to be interpreted and implemented
How might it be interpreted by courts in the future, and will that impact banks?
Products and services that could be labeled as UDAAP - stop now or wait?
Regulatory focus: what if your bank is not subject to the CFPB's supervisory authority?
Emphasis on marketing and product management
Is this part of a new "paternalistic" focus by the regulators?
Plus much more.
10 MINUTE SAMPLE
(requires Windows Media Player and
Carl Pry is a Certified Regulatory Compliance Manager and Certified Risk Professional who is a Vice President and Compliance Manager for a large financial institution in Ohio. Through his working career, as well as through his experience as a banking attorney and officer, he has provided a variety of regulatory compliance and financial performance services to financial institutions and other clients throughout the country. He has written extensively regarding consumer and commercial compliance, tax, audit, and financial institution legal issues, and is a frequent contributor to and currently serves on the Editorial Advisory Board for the ABA Bank Compliance magazine. He has spoken at dozens of banking, compliance, and state bar associations, and has conducted training sessions for financial institutions across the country.
This program was recorded in its entirety in September 2011. The CD-ROM includes program slides, materials (if available) and follow-up Q & A document.
This product was added to our catalog on Tuesday 30 August, 2011.