When returning checks drawn on HELOC accounts, be aware of the potential UDAAP implications if conditions under which a check may be dishonored are not clearly disclosed in advance. The CFPB uses this credit card convenience check as an example of an unfair practice, but it could also apply to HELOC checks.
Dishonoring credit card convenience checks without notice.
The Office of Thrift Supervision (OTS) and Federal Deposit Insurance Corporation (FDIC) brought enforcement actions against a
credit card issuer that sent convenience checks with stated credit limits and expiration dates to customers. For a significant percentage of consumers, the issuer reduced credit lines after the checks were presented, and then the issuer dishonored the consumers’ checks.
• Substantial injury. Consumers paid returned-check fees and may have experienced a negative impact on credit history.
• Not outweighed by benefits. The card issuer later reduced credit limits based on credit reviews. Based on the particular facts involved in the case, the harm to consumers from the dishonored convenience checks outweighed any benefit of using new credit reviews.
• Not reasonably avoidable. Consumers reasonably relied on their existing credit limits and expiration dates on the checks when deciding to use them for a payment. Consumers had received no notice that the checks they used were being dishonored until they learned from the payees. Thus, consumers could not reasonably have avoided the injury.
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