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48 Cards in this Set
- Front
- Back
GLBA
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Gramm-Leach-Bliley Act
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What is the purpose of GLBA?
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To allow commercial banks and other financial companies, to offer multiple financial services under one roof.
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What does GLBA intend to protect?
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Consumers non-public personal info
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Examples of non public information:
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Drivers license, social security, bank account numbers
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Regulatory authority for GLBA:
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Most of GLBA is regulated by FTC, except Reg P under the CFPB.
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Customer:
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A consumer who has a continuing "transactional relationship" with a financial institution
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What is the Safeguards Rule?
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Written security plan that describes how the company plans to continue protecting consumers non public info.
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Safeguard Rule requires company plans to do what?
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Denote 1 employee to manage safeguards.
Risk management in handling non public info Develop monitor and test a program to secure info. Adapt and improve safeguards as needed. |
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What regulation is associated with GLBA?
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Regulation P
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What does Regulation P require?
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Financial institutions to exercise certain conduct with relation to customers non public info.
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According the Regulation P, customers must be provided what?
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A notice about the privacy policies of a financial institution, and how their non public info is used by that institution.
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Which section of GLBA is regulated by CFPB?
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Regulation P - privacy policy, opt out, and pretexting rules
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initial privacy policy
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financial institutions must provide their privacy notice that explains what information the institute gathers, where info is shared, and how institutions safeguard info.
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Initial privacy notice must be given to:
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A customer no later than when relationship is established
A consumer before institution discloses any non public info about the consumer to any 3rd party. |
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Throughout a customer relationship, institutions must provide a privacy notice when?
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Annually
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Annual privacy notice contains what?
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Same as initial privacy notice, contains info, notice of right to opt out, and explanation how to do so.
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Opt out
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Financial institutions are required to disclose to a consumer that they have the right to opt out.
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Opt out
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Financial institutions are required to disclose to a consumer that they have the right to opt out.
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What is opting out?
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prevention of non-public info from being shared with non-affiliated 3rd parties
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Opt out notice must be disclosed how?
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Must be in writing or in electric form, and must be provided to the consumer before their info is shared.
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What is the timeframe associated with the Opt Out Policy?
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There is no specific timeframe, just that it must be a reasonable period of time.
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What is Pretexting?
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Also known as phishing, is the act of obtaining a persons non public info without having authorization.
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What is the purpose of the Do Not Call Laws?
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put consumer in control of which phone calls they receive. telemarketers can only call from 8am-9pm
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Who regulates telemarketing calls made INTERSTATE? (National)
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FCC
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Who regulates telemarketing calls made INTERSTATE? (National)
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FTC
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Who regulates telemarketing calls for both INTERSTATE (national) and INTRASTATE (state-wide)
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FCC
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Who is covered under Do Not Call laws?
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Any telemarketing company, or individual, that uses solicitation to gain business
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Telephone Consumer Protection Act
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regulates conduct of telephone solicitations and sets certain standards.
Limits phone solicitation from 8am-9pm |
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Do Not Call Improvement Act: (2007)
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consumers who register their phone number will remain in system forever, unless number is invalid, or consumer requests to be taken off.
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Do Not Call Improvement Act: (2007)
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consumers who register their phone number will remain in system forever, unless number is invalid, or consumer requests to be taken off.
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Under the Do Not Call Improvement Act, how long do telemarketers have to stop calling a registered number?
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Within 31 days of its registration into the do not call registry.
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True of false, cell phone numbers are automatically stored into the registry.
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True
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What are the fines for a Do Not Call violation?
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$16,000 per violation
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HPA
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Homeowners Protection Act (PMI cancellation act)
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HPA
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Homeowners Protection Act (PMI cancellation act)
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What is the purpose of HPA?
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Provides provisions that allow homeowners to cancel PMI coverage.
Also requires the return of unearned premiums and establishes notification requirements |
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Who regulates the HPA?
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CFPB
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Which loans are covered under HPA?
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Conventional mortgage loans that exceed 80% LTV and where borrower is paying PMI
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What is the disclosure for HPA?
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Notice of Right to Cancel PMI
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What is the disclosure for HPA?
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Notice of Right to Cancel PMI
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When must the notice of right to cancel PMI be provided?
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at the time of closing for conventional loans over 80% LTV
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What is the disclosure for HPA?
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Notice of Right to Cancel PMI
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When must the notice of right to cancel PMI be provided?
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at the time of closing for conventional loans over 80% LTV
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What is on the Notice of Right to Cancel PMI?
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Educates the borrower on how PMI may be cancelled upon request or automatically.
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When must lender/servicer automatically terminate the PMI?
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When the loans PRINCIPAL BALANCE reaches 78% of ORIGINAL VALUE
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What conditions must be met for a borrower to request termination of PMI?
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Principal balance reaches 80% of original value.
Borrower has a good payment history Borrowers property has not declined below original value, and that equity is not subject to subordinate lien. |
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What are the penalties for violations under HPA?
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not to exceed $2000. BORROWER must bring action within 2 years of discovering action
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Even though this loan requires MIP, it is not covered under HPA. what loan is this?
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FHA Loan
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