Guide · Finance

Consumer Financial Services Regulation: A Comprehensive Guide to TILA, ECOA, RESPA, EFTA, and UDAAP

12 U.S.C. § 5552

Type
Guide
Jurisdiction
National
Date
2024-07-04
Topic
Finance

A complete practitioner's treatment of the statutes and regulations governing consumer financial products, written for counsel to lenders, servicers, fintechs, and their bank partners. Part I maps the regulatory architecture, the agencies, and the preemption framework. Parts II through VI work the core disclosure and substantive statutes: Truth in Lending and Regulation Z including ability-to-repay and the credit card rules, Equal Credit Opportunity and Regulation B including adverse action notices and the disparate impact analysis that governs algorithmic underwriting, the Fair Credit Reporting Act and its permissible purpose and furnisher obligations, RESPA and its Section 8 prohibition on kickbacks and unearned fees, and the Electronic Fund Transfer Act and Regulation E including error resolution and prepaid and remittance rules. Part VII covers UDAAP, which is the enforcement theory of first resort because it requires no specific rule violation. Parts VIII through XI cover debt collection, telemarketing and text messaging, privacy and information security, and servicemember protections including the Military Lending Act whose violation voids the loan. Part XII covers the licensing layer from state lender and money transmitter licensing through BSA and anti-money-laundering obligations. Part XIII covers bank partnership preemption. Parts XIV through XVI cover supervision and enforcement, emerging products, and the verification list.

Consumer Financial Services Regulation: A Comprehensive Guide to TILA, ECOA, RESPA, EFTA, and UDAAP

Finance > Consumer Financial Services | Published 4 July 2024 - Updated 30 May 2026 | UpLaw - uplaw.us

In brief. Consumer financial services regulation has three layers that operate independently. A disclosure layer telling consumers the price and terms. A substantive layer prohibiting particular conduct — discrimination, kickbacks, unauthorized transfers, abusive collection. And a catchall layer, UDAAP, reaching conduct no specific rule addresses. A compliance program built only on the first layer will pass a disclosure exam and lose an enforcement action.

The full text of this document is available to Executive subscribers and above. See plans.