CFPB Student Loan Ombudsman’s Annual Report Calls on Policymakers to Reform Rehabilitation Programs

On October 17, the CFPB Student Loan Ombudsman (Ombudsman) released a report on student loan complaints related to debt collection and servicing issues submitted to the CFPB between September 1, 2015 and August 31, 2016. During the period covered in the report, the CFPB received approximately 5,500 private student loan – and 2,300 debt collection – related complaints. Following an August 18 CFPB report that focused primarily on student loan complaints regarding income-driven repayment (IDR) plans, the Ombudsman’s recently issued report emphasizes alleged breakdowns in the “rehabilitation” process: “The majority of borrowers who cure a default and seek to enroll in IDR do so by first rehabilitating their defaulted debt. Read more…


FDIC Releases Report on the Unbanked; Captures Movement to Online Banking

On October 20, the FDIC released a report on the use of the traditional banking system in the United States. According to the FDIC’s executive summary of the report, the percentage of U.S. households in which no one had a checking or savings account (the “unbanked”) dropped to 7.0 in 2015. This is the lowest unbanked percentage since 2009, the year the FDIC began conducting an annual survey of unbanked and underbanked households. The FDIC cited several reasons why some households remain unbanked, the most common of which was the cost of maintaining an account, with an estimated 57.4% of respondents citing it as a factor in their decision not to maintain an account, and 37.8% of respondents citing it as the main reason underlying their decision not to maintain an account. Consistent with past survey results, the report notes that unbanked and underbanked rates are higher among lower-income households, less-educated households, younger households, minority households, and working-age disabled households. Additional findings highlighted in the report include: (i) a 1.9% increase from 2013-2015 in the use of prepaid cards; (ii) rapid growth (31.9% of users in 2015 compared to 23.2% in 2013) in the use of mobile and online banking, reflecting “promising opportunities to use the mobile platform to increase economic inclusion”; and (iii) an opportunity for banks to meet the credit needs of some households with an “unmet demand” for credit by “promoting the importance of building credit history, incorporating nontraditional data into underwriting, and increasing households’ awareness of personal credit products.”


Proposed Rule Issued to Stimulate Robust Marketplace for Private Flood Insurance

On October 20, the FDIC, OCC, Federal Reserve, Farm Credit Administration, and National Credit Union Administration issued a proposed rule intended to develop further the private flood insurance marketplace by implementing certain provisions of the 2012 Biggert-Waters Flood Insurance Reform Act (Biggert-Waters Act). Notably, the proposed rule would “require regulated lending institutions to accept policies that meet the statutory definition of private flood insurance in the Biggert-Waters Act and permit regulated lending institutions to accept flood insurance provided by private insurers that does not meet the statutory definition of ‘private flood insurance’ on a discretionary basis, subject to certain restrictions.” Comments on the proposal are due 60 days after it is published in the Federal Register.


Sports Marketing Executive Pleads Guilty in FIFA Investigation

On October 20, the DOJ announced that a former president of a soccer event management company pleaded guilty to racketeering conspiracy and wire fraud conspiracy charges. His guilty plea came in response to allegations that, as the company’s former president, he negotiated and made bribe payments totaling more than $14 million on behalf of the company to a high ranking soccer official in exchange for media and marketing rights to international soccer tournaments and matches. As part of the plea, the company’s former president agreed to forfeit approximately half a million dollars and could be sentenced to a maximum of 20 years for each count.

The guilty plea came as part of the U.S. government’s investigation into corruption in international soccer. It follows guilty pleas from the soccer event management company itself, its international parent company, and the parent company’s owner, in connection with related charges brought by the DOJ.

Previous FCPA Scorecard coverage of the FIFA investigation can be found here.


HUD OIG: Mortgage Servicing Issues Cost FHA $2.23 Billion

On October 14, the HUD Office of Inspector General (HUD-OIG) published a report on HUD’s monitoring and payment of conveyance claims upon termination of FHA-insured mortgages. According to the report, mortgage servicers’ failure to foreclose on properties or meet conveyance deadlines may have cost the FHA an estimated $2.23 billion in unreasonable and unnecessary holding costs. HUD-OIG concluded that deficiencies in 24 CFR Part 203 did not “enable HUD to provide effective oversight and HUD monitored only a small percentage of servicers after the claim had been paid.” As a result of its findings, HUD-OIG recommended that HUD (i) amend 24 CFR Part 203 to include “a maximum period for filing insurance claims and disallowance of expenses incurred beyond established timelines”; (ii) develop an IT plan that that ensures significant operational changes to how HUD monitors single-family conveyance claims; and (iii) establish and implement controls to identify noncompliance with 24 CFR 203.402.