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48 Cards in this Set

  • Front
  • Back
GLBA
Gramm-Leach-Bliley Act
What is the purpose of GLBA?
To allow commercial banks and other financial companies, to offer multiple financial services under one roof.
What does GLBA intend to protect?
Consumers non-public personal info
Examples of non public information:
Drivers license, social security, bank account numbers
Regulatory authority for GLBA:
Most of GLBA is regulated by FTC, except Reg P under the CFPB.
Customer:
A consumer who has a continuing "transactional relationship" with a financial institution
What is the Safeguards Rule?
Written security plan that describes how the company plans to continue protecting consumers non public info.
Safeguard Rule requires company plans to do what?
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.
What regulation is associated with GLBA?
Regulation P
What does Regulation P require?
Financial institutions to exercise certain conduct with relation to customers non public info.
According the Regulation P, customers must be provided what?
A notice about the privacy policies of a financial institution, and how their non public info is used by that institution.
Which section of GLBA is regulated by CFPB?
Regulation P - privacy policy, opt out, and pretexting rules
initial privacy policy
financial institutions must provide their privacy notice that explains what information the institute gathers, where info is shared, and how institutions safeguard info.
Initial privacy notice must be given to:
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.
Throughout a customer relationship, institutions must provide a privacy notice when?
Annually
Annual privacy notice contains what?
Same as initial privacy notice, contains info, notice of right to opt out, and explanation how to do so.
Opt out
Financial institutions are required to disclose to a consumer that they have the right to opt out.
Opt out
Financial institutions are required to disclose to a consumer that they have the right to opt out.
What is opting out?
prevention of non-public info from being shared with non-affiliated 3rd parties
Opt out notice must be disclosed how?
Must be in writing or in electric form, and must be provided to the consumer before their info is shared.
What is the timeframe associated with the Opt Out Policy?
There is no specific timeframe, just that it must be a reasonable period of time.
What is Pretexting?
Also known as phishing, is the act of obtaining a persons non public info without having authorization.
What is the purpose of the Do Not Call Laws?
put consumer in control of which phone calls they receive. telemarketers can only call from 8am-9pm
Who regulates telemarketing calls made INTERSTATE? (National)
FCC
Who regulates telemarketing calls made INTERSTATE? (National)
FTC
Who regulates telemarketing calls for both INTERSTATE (national) and INTRASTATE (state-wide)
FCC
Who is covered under Do Not Call laws?
Any telemarketing company, or individual, that uses solicitation to gain business
Telephone Consumer Protection Act
regulates conduct of telephone solicitations and sets certain standards.

Limits phone solicitation from 8am-9pm
Do Not Call Improvement Act: (2007)
consumers who register their phone number will remain in system forever, unless number is invalid, or consumer requests to be taken off.
Do Not Call Improvement Act: (2007)
consumers who register their phone number will remain in system forever, unless number is invalid, or consumer requests to be taken off.
Under the Do Not Call Improvement Act, how long do telemarketers have to stop calling a registered number?
Within 31 days of its registration into the do not call registry.
True of false, cell phone numbers are automatically stored into the registry.
True
What are the fines for a Do Not Call violation?
$16,000 per violation
HPA
Homeowners Protection Act (PMI cancellation act)
HPA
Homeowners Protection Act (PMI cancellation act)
What is the purpose of HPA?
Provides provisions that allow homeowners to cancel PMI coverage.

Also requires the return of unearned premiums and establishes notification requirements
Who regulates the HPA?
CFPB
Which loans are covered under HPA?
Conventional mortgage loans that exceed 80% LTV and where borrower is paying PMI
What is the disclosure for HPA?
Notice of Right to Cancel PMI
What is the disclosure for HPA?
Notice of Right to Cancel PMI
When must the notice of right to cancel PMI be provided?
at the time of closing for conventional loans over 80% LTV
What is the disclosure for HPA?
Notice of Right to Cancel PMI
When must the notice of right to cancel PMI be provided?
at the time of closing for conventional loans over 80% LTV
What is on the Notice of Right to Cancel PMI?
Educates the borrower on how PMI may be cancelled upon request or automatically.
When must lender/servicer automatically terminate the PMI?
When the loans PRINCIPAL BALANCE reaches 78% of ORIGINAL VALUE
What conditions must be met for a borrower to request termination of PMI?
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.
What are the penalties for violations under HPA?
not to exceed $2000. BORROWER must bring action within 2 years of discovering action
Even though this loan requires MIP, it is not covered under HPA. what loan is this?
FHA Loan