CFPB fines fintech for flawed algorithm | News by issue

by James · August 11, 2022

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Enforcement Update

Thursday 11 August 2022

The Consumer Financial Protection Bureau (CFPB) fined a financial technology company for using an incorrect algorithm that caused overdrafts and overdraft penalties for customers.

The agency said Hello Digit, LLC’s product Hello Digit was intended to save money. Instead, the company falsely guaranteed no overdraft with its product, broke promises to make up for its mistakes and pocketed a portion of the interest that should have gone to consumers, according to the CFPB.

Read on to learn more.

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12 USC section 2605 or section 6 is entitled Servicing of Mortgage Loans and Administration of Escrow Accounts. This applies to qualified written requests, notices about transfer of service and administration of escrow accounts.

An arrangement involving a person who is in a position to refer business as part of a property settlement service and who has an interest in a settlement service provider.

In the scheme, the person, who either has an associated relationship with or a direct or real ownership stake of more than one percent in a provider of settlement services, directly or indirectly refers the business to this provider or influences a consumer to choose this provider.

An arrangement involving a person who is in a position to refer business as part of a property settlement service and who has an interest in a settlement service provider.

A mortgage statement showing all estimated costs and fees associated with your loan. In addition to fees and charges, it will show the loan amount, mortgage interest rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are required by law to provide a GFE within three days of receiving your application.

Pursuant to RESPA section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has sufficient information to permit the servicer to identify that information; and 2) a statement of the reasons for the borrower’s belief that the account is incorrect or provides sufficient detail to the servicer regarding other information the borrower seeks.

A QWR cannot be written on a payment voucher or other payment medium provided by the service provider.

12 USC section 2609 or section 10 is entitled Limitation on Pre-Deposit Claims on Escrow Accounts. It manages escrow accounts including notices and statements to borrowers. Section 10 also sets out penalties for those who break the section.

RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X states that things of value include: money, things, discounts, wages, commissions, fees, duplicate payments of a fee, shares, dividends, distributions of partnership profits, franchise royalties, credits representing money payable at a future date, the opportunity to participate in a money program, retained or increased earnings, increased equity in a parent or subsidiary company, special bank deposits or accounts, special or unusual banking conditions, services of any kind at special or free prices, sales or rentals at special prices or rates , rent or lease payments based in whole or in part on the amount of referred business, trips and payment of another person’s expenses or reduction in credit against an existing obligation.

A form used by a settlement or closing agent that specifies all fees charged to a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the United States involving federally related mortgages.

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