Donald Lampe

Donald Lampe

Morrison & Foerster LLP

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TILA-RESPA Integrated Disclosure Rule Updates and Additional

On September 8, 2014, the CFPB issued an updated Small-Entity Compliance Guide to the new TILA-RESPA integrated disclosure rule. This updates the original guide issued in April 2014 to provide additional resources on the rule...more

11/7/2014 - CFPB Disclosure Requirements Market Participants RESPA TILA

CFPB Proposes Issuing No-Action Letters: Innovation at Too Much Cost and Uncertainty?

On October 10, 2014, the CFPB issued notice of and requested public comment on a proposed policy allowing CFPB staff to issue no-action letters (NALs) for “innovative financial products or services that substantially benefit...more

10/17/2014 - CFPB Consumer Financial Products Enforcement Innovation No-Action Letters Public Comment

FTC Targeting Deceptive Advertising of Mortgage Lead Generators

The Federal Trade Commission’s (FTC) recent complaint against Intermundo Media, LLC (Intermundo) alleging deceptive marketing tactics under the FTC Act and Mortgage Acts and Practices – Advertising Rule (MAP Rule)...more

10/14/2014 - FTC Interest Rates MAP Rule Marketing Mortgage Loan Originators Unfair or Deceptive Trade Practices Warning Letters

CFPB as HUD: Another Section 8 Consent Order Displays CFPB’s RESPA Approach

In a recent Real Estate Settlement Procedures Act (“RESPA”) enforcement action, the Consumer Financial Protection Bureau (“CFPB”) negotiated a consent order with Lighthouse Title, Inc. (“Lighthouse”) for alleged violations of...more

10/2/2014 - Anti-Kickback Statute CFPB Consent Order HUD Mortgages RESPA

SID is Coming, But Who Will Be Ready to Greet Him?

Congress directed the CFPB to enact a rule that would combine mandatory mortgage-related Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) consumer disclosures into one “single integrated...more

10/1/2014 - CFPB Mortgages New Regulations RESPA SID TILA

What’s Unfair is Unfair: Repeal of Reg AA May Have Little Practical Effect

The Federal Reserve Board (Board) issued a notice of proposed rulemaking on August 22, 2014 (Notice) for the repeal of Regulation AA, which is the Board’s credit practices rule prohibiting certain unfair or deceptive acts and...more

9/10/2014 - CFPB Compliance FDIC Federal Reserve FTC NCUA OCC Regulation AA

No RESPA Respite - Continued

The CFPB continues to crack down on basic RESPA violations. On August 12, 2014, the CFPB announced yet another Consent Order with alleged violations of RESPA. In this case, an on-line retail mortgage company, the company’s...more

8/20/2014 - Amerisave CFPB Consent Order Disclosure Requirements Internet Retailers Mortgages RESPA Secured Lenders

The RESPA Respite Is Over

RESPA Section 8 enforcement is back. It was in abeyance during the transition of RESPA enforcement from HUD to the CFPB over the last few years. In fact, the last announced HUD Section 8 settlement dates from almost three...more

6/24/2014 - Enforcement Enforcement Actions HUD Mortgages RESPA TILA

The CFPB & UDAAP: A “Know It When You See It” Standard?

Institutions regulated by the Consumer Financial Protection Bureau (CFPB) and subject to its enforcement authority are dealing with of the agency’s sweeping authority to prohibit unfair, deceptive, and abusive acts or...more

6/13/2014 - CFPB Enforcement Actions Investigations Richard Cordray UDAAP

Housing Finance Reform

Efforts to address housing finance reform are starting to heat up, although the finish line is still probably a long way off. Fannie Mae and Freddie Mac remain in conservatorship, even though they are making money, and the...more

4/29/2014 - Fannie Mae Freddie Mac Housing Finance Reform Mortgages

FDCPA & More: CFPB Considers “Modern” Methods of Consumer Communications

On November 12, 2013, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) published an advance notice of proposed rulemaking (“ANPR”) in the Federal Register seeking information from the public about the operations,...more

11/21/2013 - CFPB Creditors Debt Collection FCRA FDCPA Social Media

Interagency Fair Lending Guidance: A First Step, but in the Right Direction?

Five federal regulators, with HUD noticeably absent, issued the first interagency guidance on the much-debated intersection of fair lending enforcement and the Ability-to-Repay and Qualified Mortgage Standards Rule taking...more

10/29/2013 - Ability-to-Repay CFPB Fair Lending FDIC Federal Reserve Mortgages NCUA OCC Qualified Mortgage Rule

CFPB Reaches Consent Orders for HMDA Violations

On October 9, 2013, the Consumer Financial Protection Bureau (“CFPB”) reached consent orders with two companies, Mortgage Master, Inc. (“Mortgage Master”) and Washington Federal, encompassing payment of civil penalties for...more

10/17/2013 - CFPB Civil Monetary Penalty Compliance Consent Order HMDA Mortgages

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