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The Dodd-Frank Act gave the Consumer Financial Protection Bureau authority to take enforcement action on unfair, deceptive or abusive acts or practices, a power that is allowing the bureau to find fault with mortgage advertising and marketing—and levy huge fines—even when originators are strictly following all the tenets of the Truth in Lending Act, the Real Estate Settlement Procedures Act and the myriad of other consumer finance laws.
The bureau’s enforcement actions have prompted attorneys to advise lenders and originators to never use the word “free” in ads, posters, and telemarketing scripts; to avoid risk-based determinations when evaluating marketing choices; and to monitor all the ways consumers can complain to root out customer misunderstanding.
Learn how to promote your mortgage services without getting flagged by the CFPB for misrepresentation in Inside Mortgage Finance’s Guide to Mortgage Marketing Compliance. This report will walk you through the enforcements the CFPB and Federal Trade Commission have undertaken and the lessons to be learned from them. You’ll also get specific examples of actions to take and ones to avoid.
Partial Table of Contents
Regulatory Issues
- Applicable Laws and Regulations
- Communications Subject to Marketing Protections
- Monetary Penalties
- Disclosure Standards
- CFPB on Telemarketing
- One-Click Rule
- Marketing Enforcement Trends
- Lessons from Enforcement Actions
- Representations to Avoid in Marketing
- Tips for Mitigating Compliance Risk
Case Studies of Regulatory Actions
- Advertising False Savings
- Claims of Government Affiliation
- Bait-and-Switch Scheme
- Lead Generators
- Foreclosure Relief Companies
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