Tag: FTC

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Business Growth Compliance Economy

Will New Rules Hamper Growth?

Credit unions have notched the highest percentage of auto loan originations since 2007. Leveraging consumer inflationary concerns and lower interest rates, Experian’s “State of the Automotive Finance Market” report for the second quarter released Aug. 25 showed credit unions produced 25.8 percent of the loans and leases from lenders in the three months ending June 30, up from 18.3 percent a year earlier and 22.1 percent in this year’s first quarter. Pop the corks and let the confetti fly!

Inflation concerns are likely to remain for the rest of 2022. The Federal Reserve signaled earlier this month that it plans to continue its aggressive approach to raising interest rates, with a target of 4.0 percent. However, declining gas prices across the country prompted a notable increase in the Consumer Confidence Index for August. Purchasing intent and vacation intent also increased, indicating that monetary concerns have not made a noticeable impact on consumer behavior.

In fact, consumers have made overall improvements in their financial health since the pandemic. Experian’s Melinda Zabritski, Senior Director of Automotive Financial Solutions, has seen continued improvement in consumer credit scores over the last several years with a greater percentage falling in the prime category.

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Compliance

Data Security Compliance in 2022

According to the nonprofit Identity Theft Resource Center, more than half of all small businesses in the US experienced at least one security or data breach in 2021, a 17 percent increase from 2020, at an average expense of $250,000 to $500,000 per incident. As automotive lenders and dealers increase their use of digital sales and technology to house personal and confidential information, data breach incidents have a direct impact on both revenue and regulatory compliance.

The Safeguards Rule

The Federal Trade Commission issued a final rule that amends the Safeguards Rule (the “Rule”) that went into effect January 10, 2022. The Rule places requirements on “financial institutions” regarding information security programs and the use of customer information. The amended rule notably expands the “financial institution” definition, which is now applicable to debt collectors and certain debt buyers, among others. Many businesses are now finding themselves subject to the Rule for the first time.

Update: Prior to the revisions, the Rule required covered entities to perform a risk assessment and then develop and implement safeguards to address identified risks. Now, risk assessments must include specific criteria and be in writing.

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Compliance

We’ve Been Down this Path

Steve Roennau Vice President Compliance EFG Companies
Contributing Author:
Steve Roennau
Vice President
Compliance
EFG Companies

The Consumer Financial Protection Bureau (CFPB) has been in the news a lot lately.

From Acting Director Mick Mulvany’s decommissioning of the Advisory Committee, to a federal district judge ruling its structure is unconstitutional, some might think that the CFPB’s days are numbered.

But history has a lesson to offer, compliments of the Federal Trade Commission (FTC). The FTC was created on September 26, 1914, when President Woodrow Wilson signed the Federal Trade Commission Act into law. The regulatory agency opened its doors in 1915, with a mission to protect consumers and promote competition. The FTC building was finished in 1938, with President Franklin D. Roosevelt stating, “May this permanent home of the Federal Trade Commission stand for all time as a symbol of the purpose of the government to insist on a greater application of the golden rule to conduct the corporation and business enterprises in their relationship to the body politic.”

Currently, the FTC houses three bureaus:

  1. the Bureau of Consumer Protection
  2. the Bureau of Competition
  3. the Bureau of Economics

Each bureau has a set of mandates to guide its work. In the early 1970s, the agency became more aggressive in its prosecutions and sanctions. The business community and Congress criticized the FTC’s activism, claiming it had become too powerful, was insensitive to the needs of the public and business, and operated with little oversight from Congress or the president. During President Ronald Reagan’s first term, control of the FTC was moved under the president. Its direction was modified to become more cooperative with business interests, while continuing its consumer protective functions.

A Matter of Checks and Balances

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