Loan servicing fees are charges imposed by loan servicers to manage and administer a borrower’s loan. These fees cover a range of services, including processing payments, maintaining records, providing customer support, and handling escrow accounts for property taxes and insurance. While these services are essential for the smooth operation of the lending process and recovering […]

On May 10, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued Consumer Financial Protection Circular 2023-02 (“CFPC  2023-02” or the “Circular”). In CFPC 2023-02, the CFPB considers the following question: After consumers have closed deposit accounts, if a financial institution unilaterally reopens those accounts to process a debit (i.e., withdrawal, ACH transaction, check) or deposit, […]

On April 26, 2023, both the Federal Deposit Insurance Corporation (“FDIC”)[1] and the Office of the Comptroller of the Currency (“OCC”)[2] issued additional guidance regarding overdraft and non-sufficient funds (“NSF”) transactions and fees. Both publications included a discussion of unfair, deceptive, or abusive acts and practices (“UDAAP”)[3] risks associated with “Authorize Positive, Settle Negative” (“APSN”) […]

In October 2021 the U.S. Department of Justice (DOJ) announced the launch of a new redlining enforcement initiative.  Since that time, government agencies such as the Consumer Financial Protection Bureau (CFPB), the DOJ, the Federal Housing Finance Agency (FHFA), and the Federal Trade Commission (FTC) have all ramped up enforcement and supervisory activities focused on […]