We help you address and comply with regulations and internal policies. Regulators continue to publish regulations to enhance consumer protection and address safety and soundness. We’ll help you focus on the consumer and use the implementation of these regulations in an innovative way to be a source of competitive advantage.
Below are some of the key laws and regulations Experian can assist you with compliance. Ready to get started?
Basel III contains global regulatory standards for capital adequacy, stress testing and market liquidity risk agreed upon by the members of the Basel Committee on Banking Supervision. Beginning in 2014, US regulations have instituted an Integrated Capital Framework which incorporates provisions of Basel III, a Standardized and Advanced Approaches rule, and the incorporation of these rules into CCAR and DFAST stress testing.
CCAR - Federal Reserve Board rule to ensure large bank holding
companies account for their financial risks and have sufficient capital to operate
under economic stress.
DFAST – OCC, FDIC and Federal Reserve Board rules to ensure financial institutions ranging from $10B to $50B account for their financial risks and have sufficient capital to operate under economic stress.
These laws and regulations are intended to strengthen U.S. measures to prevent, detect, and prosecute international money laundering and the financing of terrorism. They require a Customer Identification Program (CIP), compliance with OFAC, and Anti-Money Laundering (AML) regulations under the Bank Secrecy Act (BSA).
In today’s heavily legislated world, increased regulatory requirements demand sound development, implementation and use of credit and fraud prevention models and a stronger focus on risk. Potential for shifts in regulatory, industry, market and business dynamics are demanding more, agile and flexible technology to minimize business disruptions and support real-time decisioning, while difficulty balancing compliance risk with revenue can result in lower revenue from missed opportunities and greater risk of fines from being out of compliance.
The Fair Debt Collections Practices Act (FDCPA) generally prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts that are incurred for personal, family or household purposes. Under the FDCPA, a debt collector is someone who regularly collects debts owed to others and companies that buy delinquent debts and then try to collect them. However, many of you who collect your own debts are also required to follow the rules of the FDCPA or you have chosen to follow them voluntarily. The CFPB is accepting complaints on debt collectors and has an active supervision and enforcement policy. The CFPB has also recently initiated the process of clarifying debt collection rules for all debt collectors. We can assist you with compliance with the FDCPA and other rules that impact debt collection, while reducing your roll rate with fewer resources.
Under the FinCEN final rule for Customer Due Diligence (CDD), covered financial institutions must expand programs, including Customer Identification Programs (CIP), to include the “beneficial owners” of legal entities. This new rule requires financial institutions to collect and verify identity information (name, address, date of birth, Social Security number or passport number for foreign individuals) for each person with at least 25% ownership in the legal entity, and an individual with significant responsibility for managing or controlling the business.
U.S. financial institutions are required to mitigate risk using a variety of processes and technologies, employed in a layered approach. Businesses are required to move beyond simple questions, for example, to a more complex out-of-wallet identity verification procedure that incorporates broad data assets and analytics.
FDIC rule under Dodd-Frank Act detailing deposit insurance assessment for concentrations of leveraged loans, consumer subprime loans, and certain types of mortgage and commercial real estate loans.
Supervisory guidance to ensure sound practices in data and attribute governance, model validation, model development, implementation, use, governance and controls, strategies and operations.
All financial institutions are required to have both written and operational identity theft prevention programs. Establishes reasonable procedures that 1) assist creditors and financial institutions in identifying identity theft at the time of origination and 2) set forth provisions specifically applicable to institutions who receive notice of a customer’s change of address on an account or other red flags on an existing account.
The CFPB’s Regulation V contains important requirements for furnishers of
credit information with respect to the accuracy and integrity of such information
and the resolution of direct disputes. Furthermore, the CFPB published an important
bulletin on September 4, 2013 that outlined its expectations as to the investigation
and review of disputes it receives from CRA’s.
Having a comprehensive methodology for assessing data quality throughout the customer lifecycle is key to satisfying this regulatory requirement while bringing the added advantages of minimizing dispute volume and increasing customer satisfaction. Just as important, is to have the systems and processes in place to resolve disputes in accordance with customer and regulatory expectations.
Requires companies that use a credit report or score in connection with a credit decision to send a notice to a consumer when, based on a credit report or score, the company grants credit on material terms that are not the most favorable terms offered to a substantial proportion of consumers. In most cases, the rule defines “material terms” as the loan’s Annual Percentage Rate.
The TCPA restricts the making of collection and telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.
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