Preventing Consumer Compliance Violations
While credit unions don’t set out to harm consumers, the fact is that oversights happen.
Credit unions are member-owned and would never do anything to deliberately hurt consumers – yet their track record isn’t flawless and the NCUA is trying to do something about it.
In 2021, the NCUA found that nearly 15% of federal credit unions it examined had violated consumer compliance rules, according to a recent speech by NCUA Chairman Todd Harper. Fair lending exams at 29 credit unions (less than 1% of federal credit unions) uncovered violations impacting 64,000 members and resulting in $185,000 in restitution and remediation. The agency also observed “compliance management system weaknesses” in most cases.
In response, Harper told credit unions to step up their consumer compliance game.
“Given the consumer compliance examination program for comparably sized community banks, our program’s scope is insufficient, especially for those credit unions between $1 billion and $10 billion in assets,” Harper said. “We should be doing more, and we can do more.”
Myth: Credit unions don’t need to worry about consumer compliance because they already care about consumers.
While credit unions don’t set out to harm consumers, the fact is that oversights happen. Credit unions have been sued for deceptive acts and practices and other consumer protection violations related to improper debt collection, mortgage loan discrimination against women on maternity leave, violations of the Service Members Civil Relief Act and overdrafts, Harper noted.
Overdrafts have garnered special attention. Credit union members paid $2.4 billion in overdraft fees in 2019, deeming overdrafts harmful practices that can lead to consumers being excluded from the financial system. “The logic that credit unions do not discriminate because they are owned by their members is a dangerous myth and one that should end,” Harper said.
Currently, the most common credit union consumer compliance violations are related to:
- Credit reporting;
- Truth In Lending;
- Electronic fund transfers (EFTs); and
- Equal credit opportunity rules.
CUs Should Expect More Fair Lending Exams and Reviews
The NCUA’s attention to consumer compliance, fair lending and overdrafts should come as no surprise to credit unions. The NCUA already highlighted these as top concerns in its 2022 Supervisory Priorities.
“This year, during every federal credit union examination, examiners will review compliance with COVID-19 consumer-assistance programs, fair lending rules, servicemember protections and fair credit reporting laws, among others. We will also conduct more fair lending exams and reviews,” Harper reiterated in his speech.
The NCUA will also be collecting information about overdraft policies, procedures and audits.
Is Your CMS Up to the task?
The fact that the NCUA chairman is re-emphasizing these priorities is a strong reminder that credit unions need to be prepared with strong compliance management systems that demonstrate their compliance.
A solid CMS addresses how a credit union learns about consumer compliance responsibilities, ensures that they are understood by employees, incorporates them into policies and processes, monitors to see that policies and processes are followed, and then takes corrective action as needed.
The trust and respect that credit unions have built within their communities and among their members took a long time to build, and it can be quickly lost if a credit union isn’t consistently working to ensure compliance with consumer protection laws. Credit unions must make sure they have the people and processes in place so that they can continue being a resource for their community.
Rafael DeLeon SVP of Industry Engagement Ncontracts Brentwood, Tenn.