What to Expect from a CFPB Audit The following is an article written by one of AllRegs experts that have just come through a CFPB audit.
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- Elfreda Harris
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1 Sales & Supprt: (800) Fax: (651) Eagan Wds Drive, Suite 220, Eagan, MN What t Expect frm a CFPB Audit The fllwing is an article written by ne f AllRegs experts that have just cme thrugh a CFPB audit. Title X f the Ddd-Frank Wall Street Refrm and Cnsumer Prtectin Act f 2010 (the Act) established the Cnsumer Financial Prtectin Bureau (CFPB) and authrizes it t supervise certain cnsumer financial services cmpanies and large depsitry institutins and their affiliates fr cnsumer prtectin purpses. The CFPB has been charged with the implementatin f, examinatin fr cmpliance with and enfrcement f Federal cnsumer finance law. Hw d yu get ready fr and survive yur CFPB examinatin? The fllwing article, written by an AllRegs subject matter expert after cmpleting a recent CFPB audit, discusses what t expect frm a CFPB Audit. Simply, be prepared fr the biggest request fr examinatin infrmatin yu have ever received. This will prbably change with time, and be prepared fr inexperienced examiners (individuals wh are nt well versed in the areas they are examining). Be prepared fr lts f suggestins frm the examiners that are nt necessarily practices that are required by federal law. Expect a ttal fcus n the cnsumer. Even if yu are cmplying t the letter with federal regulatins, any practice culd be deemed t be unfair and deceptive if it is nt clear t the cnsumer r culd be cnstrued as cnfusing t the cnsumer, industry standards ntwithstanding. Always use the least sphisticated cnsumer standard when reviewing any prcess r functin. Prepare fr the Examinatin 1. CFPB Guidance Review all guidance issued by CFPB including: The Originatin Examinatin Manual The Servicing Examinatin Manual The third party versight guidance (issued in April 2012) Make it a habit t frequently g t the CFPB website t review issued guidance and any new guidance that may have been issued since the last time yu reviewed the website. The website is click n Law & Regulatin, then click n Guidance. If yu are nt already in cmpliance with any published guidance, have plans in place t get there. 2. Plicies and Prcedures Plicies and Prcedures must be up-t-date Yu shuld have a frmal prcess in place t regularly review and certify that all plicies and prcedures are up-t-date. Plicies and prcedures shuld be readily available t all emplyees Yu shuld have a frmal prcess in place t let emplyees knw when plicies and prcedures are updated. This article first appeared in the AllRegs CFPB Resurce Center and may be viewed in its riginal frmat at Cpyright 2012 AllRegs. 1
2 Sales & Supprt: (800) Fax: (651) Eagan Wds Drive, Suite 220,, Eagan, MN Training 4. Privacy Versin tracking (dcumentatin f when updates are made, what was updated, apprved by whm, etc.) shuld be in place and readily available. Plicies and prcedures must reference the specific regulatin applicable t that specific plicy and prcedure (such as privacy, equal credit, fair lending, etc.) and cver all applicable facets f the regulatin. Fr example, it is nt sufficient t state that cmpany plicy is t cmply with all privacy regulatins. The plicy and prcedure must specify hw privacy regulatins are fllwed s that the plicy ensures cmpliance in specific, nt generalized, terms. Yu shuld have a frmal training prgram in place that is made available t all emplyees this can be external r internal training. Mandatry training (such as privacy, equal credit, fair lending, etc.) shuld be tracked t ensure all emplyees take the training Mandatry training shuld be n less than annual Training materials shuld cver the detailed infrmatin n crprate plicies in cmpliance with the plicies and prcedures. Training must reference specific regulatins applicable t the specific training material. Yu shuld have a prcess in place t ensure training is current and up-tdate Similar t updates t plicies and prcedures, yu shuld have versin cntrl fr training materials t dcument when updates are made, what was updated, apprved by whm, etc. Yu shuld have a prcess in place t advise emplyees when training materials have been updated and new training prvided, if necessary. CFPB will expect that senir management as well as Bard f Directr level individuals take cmpliance training. Privacy f cnsumer nn-public persnal infrmatin will be a fcus f the CFPB examiners. Make sure yu have a current crprate privacy plicy Make sure yu are training all emplyees n privacy Make sure t mnitr utging s t third parties t ensure privacy (encrypt s, etc.) Third party vendrs shuld have access nly t that infrmatin which is needed t perfrm the services fr which they are respnsible Make sure yu have either shredding bins r secure dispsal f infrmatin which cntains cnsumer nn-public persnal infrmatin Make sure emplyee desks are kept clear f cnsumer nn-public persnal infrmatin at the end f the day r during the day if the emplyee is away frm his/her desk (i.e., clean desk plicy) This article first appeared in the AllRegs CFPB Resurce Center and may be viewed in its riginal frmat at Cpyright 2012 AllRegs.
3 Sales & Supprt: (800) Fax: (651) Eagan Wds Drive, Suite 220,, Eagan, MN Fair Lending Analysis Fair lending analysis shuld be perfrmed n the riginatin/lending functin as well as the servicing functin If nt already in place, plans shuld be implemented t perfrm such analysis in the near future Fair lending analysis must be perfrmed n a regular basis with recrds kept t verify analysis perfrmed and results. Dcumented, prmpt actin shuld be taken fr any exceptins discvered during the analysis. 6. Cnsumer Cmplaints/Qualified Written Requests Custmers must be prvided with cntact infrmatin t submit cmplaints (via mail, r via website). Tracking lgs must be in place t track receipt f and respnse t cnsumer cmplaints. Files must be maintained with a cpy f the cmplaint and respnse (electrnic cpies acceptable). Make sure all emplyees knw where t send cnsumer cmplaints fr handling. 7. Quality Cntrl/Internal Audit A frmal Quality Cntrl prgram must be in place with regular, dcumented reviews. Results f Quality Cntrl reviews must be prvided t senir management n a regular basis. A prcess shuld be in place t address any errrs determined during the quality cntrl review: Rt cause analysis Preventin f further errrs Fllw-up with relevant business units t ensure crrectins are in place and d nt recur 8. Recrds Management/Dcument Retentin Make sure yu are cmplying with all relevant dcumentatin retentin requirements (such as Making Hme Affrdable lss mitigatin dcumentatin requirements, federal regulatins, etc.). 9. Lss Mitigatin Recrds Management Make sure yu have retained all lss mitigatin recrds, including dcumentatin t supprt that every delinquent r imminent default custmer has been ffered lss mitigatin. System ntes, file recrds and dcumentatin shuld be readily available fr the examiners. CFPB Ntificatin f the Examinatin and Pre-Examinatin Request This article first appeared in the AllRegs CFPB Resurce Center and may be viewed in its riginal frmat at Cpyright 2012 AllRegs.
4 Sales & Supprt: (800) Fax: (651) Eagan Wds Drive, Suite 220,, Eagan, MN CFPB will nt typically give ntice well in advance expect weeks, nt mnths. The pre-examinatin request will be extensive, with mst items due upn arrival. The number f examiners will depend n the size f the entity t be examined, hwever, expect a large grup regardless f yur size. Yu will need t make sure t have sufficient space available fr them, including system access. The CFPB examiners dn t want paper files. Recmmend setting up an internal share pint t prvide pre-examinatin request infrmatin and t exchange infrmatin fr any additinal requests frm CFPB. Appint ne r mre individuals t be yur lead cntact with the examiners when they arrive. CFPB des nt currently assess a fee fr the examinatin, but yu must be prepared t spend a lt f time and effrt preparing the pre-examinatin request materials, prviding respnses t n-ging requests, etc., s the examinatin really is nt free and in the end will cst yur cmpany a lt f mney. Make sure all emplyees knw the examinatin will be taking place and where the examiners will be hused. Emplyees shuld answer any questins psed t them by examiners, and answer truthfully BUT they shuld answer nly the specific questin asked and nly if it pertains t their respnsibilities. It is perfectly acceptable t respnd I m srry, that s nt my area, but I will find the crrect individual t answer yur questin. The Pre-Examinatin Request The pre-examinatin request will have a cver page identifying the dates f the exam and prvide an attachment with mdules (requested infrmatin fr the examinatin). The majrity f the requested infrmatin will be due upn arrival, but sme items may be due prir t arrival. The first part f the pre-examinatin request mdules will be General infrmatin and lending/riginatin. These mdules will include requests fr general infrmatin abut yur cmpany as well as infrmatin regarding the cmpany s cmpliance management system, audit functins, the riginatin/lending functins, HMDA, fair lending and insurance sales. The next set f mdules will pertain t Servicing. These mdules will include requests fr infrmatin regarding servicing transfers and lan wnership transfers, payment prcessing and accunt maintenance, custmer inquiries and cmplaints, escrw accunt and insurance maintenance, credit reprting, infrmatin sharing and privacy, cllectins and bankruptcy, lss mitigatin and freclsures. Each mdule sectin will identify the time frame fr review and will request lists f lans. These lists f lans will be used t request files fr review. Each mdule will request rganizatin charts fr the functin cvered by the mdule, cntact infrmatin fr the This article first appeared in the AllRegs CFPB Resurce Center and may be viewed in its riginal frmat at Cpyright 2012 AllRegs.
5 Sales & Supprt: (800) Fax: (651) Eagan Wds Drive, Suite 220,, Eagan, MN individuals in senir management psitins fr that functin, plicies and prcedures fr that functin as well as quality cntrl r internal audits. Cunted individually, a recent pre-examinatin request cvered ver 400 line items requested fr the examinatin (nt including a request that may cver several items, such as a thrugh b). This des nt include items requested during the examinatin. During the Examinatin Have all items requested t be available upn arrival ready and rganized. If there will be any delays in getting requested infrmatin, make sure t cmmunicate the reasn fr thse delays and the expected delivery date. This cmmunicatin shuld be made with the lead examiner. Set reasnable expectatins fr items requested by the examiners during the examinatin review perid. This shuld be a discussin with the lead examiner. Expect that each examiner will submit requests fr additinal infrmatin he/she may be needing. Dn t expect a cmbined request each day r even an rderly prcess fr requesting additinal infrmatin. Expect that the examiners will be green and nt experienced in the areas they will be examining. Hpefully, this will imprve with time as the examiners becme mre experienced (i.e., n the jb training if yu will) r the CFPB hires experienced examiners. It s a gd pprtunity t train them! Be psitive! Expect a lt f suggestins fr changes in prcesses frm the examiners. Remember, the ttal fcus f the examiners and indeed the CFPB is the cnsumer. Everything they review will be strictly cnsumer-fcused and what is best fr the cnsumer. Individual examiners vary greatly as t hw much inter-actin they will have with persnnel r hw many meetings they will request with individual departments. A weekly meeting with the lead examiner shuld be scheduled s that yu can be kept abreast f hw things are ging. Clsing the Examinatin Expect that yu will receive a draft f the findings. Yu will have an pprtunity t respnd t and/r reslve the findings befre the final examinatin reprt is issued. CFPB has nt cmmented as t whether the findings r the final reprt will be made public at this time. This article first appeared in the AllRegs CFPB Resurce Center and may be viewed in its riginal frmat at Cpyright 2012 AllRegs.
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