Where can I find whether or not Unfair Deceptive Abusive Acts and Practices applies to Commercial Lending? What about Small Business Lending?

You can start here, it addresses consumers.

http://www.consumerfinance.gov/guidance/supervision/manual/udaap-narrative/

I really need to know about Commercial and Small business. Can anyone help with applicablity of UDAAP or UDAP for Business/Commercial Loans/Lending??

I don't believe there is anything out there that specifically states that UDAP or UDAAP applies to business or commercial customers. BUT because UDAAP is so broad and basically is addressing business ethics (doing what's right, being transparent, helping customers make educated decisions about the products and services they use, etc), it could be applied to anything (consumer, business, commercial).

Even if there is no direct requirement to adhere to UDAP/UDAAP for business and commercial, it would be prudent to apply the sniff test to all lines of business.

While I agree with Dani and we look at all lines of business in our office, there is this presentation from the FDIC that regularly references "consumers":

http://www.fdic.gov/news/conferences/chicago_region/2011-06-16.pdf

There are FTC lawsuits that involve UDAAP in transactions with small businesses.

If you go to Reg AA under Read a Reg, then read the FRB Staff Guidelines on Credit Practices Rule, they specifically address this...for UDAP only.

I don't know the answer for UDAAP but it seems Kathleen's answer pretty much sums that up.

And since UDAAP is far reaching and overlays most or all regulations - and UDAP covers cosigners, keep in mind the problems of requiring spousal signatures on business loan when the spouse is not directly involved, etc., in the business.

Thank you everyone. Your responses have have been very helpful!

Here is a link to an FTC Section 5 case....unfair and deceptive...pay attention to definition of consumer - I am not saying banking regulators will apply this way, but we need to be aware of the possibilities..the case law is there. An attorney brought these cases to my attention.

http://www.ftc.gov/os/caselist/1123119/110809yellowpageprelim.pdf

Another one (from 2008):

In Federal Trade Commission v. IFC Credit Corp., 2008 U.S. Dist. LEXIS 29292 (N.D. Ill. April 9, 2008), the court upheld the FTC’s position that “small businesses and religious and other not for profit organizations are consumers and are entitled to
protection from deceptive and unfair acts and practices.” In that case, the FTC sued IFC, a privately held Illinois corporation in the equipment leasing business, to enjoin
IFC from collecting on telecommunications equipment leases that IFC had purchased from a now bankrupt company known as Norvergence, Inc. The FTC had already sued and obtained a default judgment against Norvergence for fraud involving the company’s leasing of telecommunications equipment to small businesses as part of an integrated package of telecommunications equipment and services. The leases contained a provision that is known in the equipment leasing industry as a “[censored] or high water provision.” These provisions require lessees to make all payments under the lease once they have accepted the equipment, despite any deficiencies in the equipment that subsequently surface. In denying IFC’s motion to dismiss several counts in the Complaint, the Court stated that although “this is a case of first impression, and that no prior case has explicitly dealt with the question” as to whether small businesses are “consumers” within the meaning of the FTC Act,2 the FTC’s construction of the Act to include businesses within the term “consumer” was reasonable and supported by the text and history of the Act and was consistent with the FTC’s Congressional mandate to protect businesses that are consumers from deceptive and unfair acts and practices.




And here is one on internet privacy.

http://www.ftc.gov/os/caselist/1023142/120626wyndamhotelscmpt.pdf