In mid-October 2011, the Consumer Financial Protection Bureau (CFPB) released version 1.0 of its Supervision and Examination Manual.  Pursuant to Dodd-Frank, the CFPB has primary examination authority for compliance with federal consumer financial laws over banks having $10 billion or more in assets and their affiliates, such as banks’ service providers, as well as certain non-banks, including mortgage originators and payday lenders.  Part II of the Manual provides procedures for examining such institutions’ compliance with federal consumer financial laws, including financial privacy laws such as the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and sections 502 through 508 of the Gramm-Leach-Bliley Act.  The examination procedures resemble similar procedures released by the Office of the Comptroller of the Currency and Federal Reserve Board. 

The procedures provide a walkthrough of the CFPB’s approach to examinations and use a “module” format designed to be tailored to the activities conducted by the institution.  For example, the FCRA examination procedures contain five modules: (1) Obtaining Consumer Reports, (2) Obtaining Information and Sharing among Affiliates, (3) Disclosures to Consumers and Miscellaneous Requirements, (4) Duties of Users of Consumer Reports and Furnishers of Consumer Report Information, and (5) Consumer Alerts and Identity Theft Protections. 

We are actively monitoring and advising clients regarding all aspects of the CFPB.  Please feel free to contact us if you have any questions.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Mike Nonaka Mike Nonaka

Michael Nonaka is co-chair of the Financial Services Group and advises banks, financial services providers, fintech companies, and commercial companies on a broad range of compliance, enforcement, transactional, and legislative matters.

He specializes in providing advice relating to federal and state licensing and…

Michael Nonaka is co-chair of the Financial Services Group and advises banks, financial services providers, fintech companies, and commercial companies on a broad range of compliance, enforcement, transactional, and legislative matters.

He specializes in providing advice relating to federal and state licensing and applications matters for banks and other financial institutions, the development of partnerships and platforms to provide innovative financial products and services, and a broad range of compliance areas such as anti-money laundering, financial privacy, cybersecurity, and consumer protection. He also works closely with banks and their directors and senior leadership teams on sensitive supervisory and strategic matters.

Mike plays an active role in the firm’s Fintech Initiative and works with a number of banks, lending companies, money transmitters, payments firms, technology companies, and service providers on innovative technologies such as bitcoin and other cryptocurrencies, blockchain, big data, cloud computing, same day payments, and online lending. He has assisted numerous banks and fintech companies with the launch of innovative deposit and loan products, technology services, and cryptocurrency-related products and services.

Mike has advised a number of clients on compliance with TILA, ECOA, TISA, HMDA, FCRA, EFTA, GLBA, FDCPA, CRA, BSA, USA PATRIOT Act, FTC Act, Reg. K, Reg. O, Reg. W, Reg. Y, state money transmitter laws, state licensed lender laws, state unclaimed property laws, state prepaid access laws, and other federal and state laws and regulations.