In the CFPB’s most recent Supervisory Highlights, released in mid March, one line item of note for Fair Lending violations was a rulling that a lender practiced deceptive and harmful advertising. In the highlighted case, the lender’s marketing materials contained written statements regarding the prohibition on non-employment sources of income, and discouraged applicants who received public assistance from applying for credit. This violated the Equal Credit Opportunity Act and the CFPB ordered that remdiation be made to all harmed applicants. Deceptive marketing has taken the spotlight once again. On April 9th, the CFPB took action against RMK Financial Corp. for deceptive advertising practices, including ads that led consumers to believe that the company was affiliated with the U.S. government. In the consent order, the CFPB has ordered RMK to end its illegal and deceptive practices and pay a civil penalty of $250,000. So lenders beware, all facets of your Fair Lending compliance program are open target and should be given equal importance and close review.
