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Compliance Home | Research Resources
Unfair, Deceptive or Abusive Acts and Practices
Unfair and deceptive acts or practices authority has taken on a more significant role in banking supervision in recent years.
Recent Developments
The Basics
Enforcement
Commentary
- CFPB Supervision and Examination Manual
, October 2011 (See PDF Bookmark on UDAAP at p. 44)
FTC Standards
Related Banking Regulations
- Regulation AA, UDAP Final Rule, Effective July 1, 2010 (2/22/10)
- Fed UDAP Final Rule, Effective February 22, 2010 (2/22/10)
- Withdrawal Notice (2/22/10)
The Board is withdrawing a final rule amending Regulation Z and the staff commentary to the regulation published on January 29, 2009.
- Withdrawal Notice (2/22/10)
- NCUA UDAP Final Rule and Withdrawal Notice, Effective July 1, 2010 (2/10/10)
- Regulation AA Final Rule (1/29/09)
- Final Rule: Regulation Z on Mortgage Practices (under HOEPA Unfairness authority) (7/14/08)
- Fed Issues Proposed Rules to Reform Credit Card, Overdraft Practices (5/2/08)
- OTS Releases Outline of Proposed Rule on Credit Card, Overdraft Practices (5/1/08)
- Fed Proposes Mortgage Practice Regulations (1/9/08)
- OTS UDAP ANPR (8/6/07)
- ABA Comment on OTS UDAP ANPR (11/5/07)
- Regulation AA
- OTS Credit Practices Rule
- OTS Advertising Rule
Banking Agency Policy Guidance
- Fed Distributes UDAP Exam Procedures (CA Letter 07-08)
- OCC AL 2004-10 on Credit Card UDAP (9/14/04)
- OCC AL 2004-4 Secured Credit Card Practices (4/28/04)
- FDIC FIL 57-2002 UDAP Enforcement Authority (5/30/02)
- FDIC FIL 26-2004 Managing UDAP Risks and Best Practices (3/11/04)
- FRB Managing UDAP Risks and Best Practices (3/11/04)
- OCC AL 2003-3 Predatory and Abusive Lending in Brokered and Purchased Loans (2/21/03)
- OCC AL 2003-2 Predatory and Abusive Lending Practices (2/21/03)
- OCC AL 2002-3 Guidance on UDAP (3/22/02)
- OCC Settlement with Woodforest National Bank (10/8/10)
- FDIC Settlement with Monterey County Bank (10/5/10)
- FTC Case on Deceptive On-Line Marketing based on Web Page and Link Design (8/20/09)
- FDIC $114 Million Settlement with CompuCredit (12/19/08)
- FTC Sues Subprime Credit Card Marketing Company and Debt Collector for Deceptive Credit Card Marketing (6/10/08)
- FTC Subprime Lending Cases
- Fairbanks Capital (FTC Subprime Mortgage Servicing Case) (Updated and Modified 8/2/07)
- Kmart Settles With FTC Over Deceptive Gift Card Practices (3/12/07)
- FTC Publishes Decisions Since 1969 On-Line (11/15/06)
- Court Order Shuts Door on Advance-Fee Credit Card Fraudsters (8/10/06)
- Integrated Credit Solutions Settlement
(FTC Press Release -- Deceptive Marketing of Credit Counselling Services) (5/3/06) - Mortgages Para Hispanos
(FTC Press Release -- Alleged Deceptive Hispanic Mortgage Broker) (1/18/06) - OCC and Laredo National Agree to Strengthen Controls Against UDAP (11/4/05)
- Mortgage Broker Barred From Making Deceptive Claims (3/28/05)
- FTC Pursues ACH Processor for Aiding Deceitful Telemarketer (11/3/04)
- Ocwen Supervisory Agreement (Servicing Practices - OTS) (4/04)
- OCC Requires First Consumers National Bank to Refund Customer Fees (8/1/03)
- Clear Lake National Bank case (2003)
- Stewart Finance(Deceptive Loan Add-Ons - FTC) (10/03)
- OCC Concludes Case Against First National Bank in Brookings Involving Payday Lending, Unsafe Merchant (1/21/03)
- First National Bank of Marin (OCC Deceptive Credit Card Marketing Case) (2001)
- Providian to Cease Unfair Practices, (OCC Credit Card Fees Case) (6/28/00)
- DBC Financial (Misleading Bank Card Promotion - FTC Settlement) (2/00) and Complaint
- ABA Asks for Reg DD Extension (5/27/08)
- Recent FDIC Experience with UDAP Violations (12/18/08)
- ABA Comment on OTS UDAP ANPR (11/5/07)
- FTC Testimony on Consumer Protection in Financial Services (6/13/07)
- Chairmen Frank and Dingell Urge Regulators to Improve Consumer Protection (5/11/07)
- ABA Bank Compliance article: Nothing In Life Is Free (7/05)
A cover story on the compliance implications of marketing freebies. - UDAP: Would You Recognize Them If You Saw Them? (05/05)
- Don't Sell Yourself Short: Protecting Your Bank from UDAP (01/03)
- On the Same Page: Federal Banking Agency Enforcement of the FTC Act to Address Unfair and Deceptive Practices by Banks, The Business Lawyer (5/03)
- The FTC's Use of Unfairness Authority
Questions? For more information, contact compliance@aba.com.
