Tracey Levandoski authored this informative article published in the May/June 2021 issues of ABA Bank Compliance. Enforcement actions for UDAAP violations are likely to increase, and UDAAP risk should be on the minds of every bank’s marketing manager. Supervisory highlights from the CFPB include references to misleading advertisements of bonus offers on deposit accounts, misleading representation about the ability to apply for a loan online, and false representations that no credit check will be conducted on loan applicants. When examiners review the bank’s UDAAP risk as part of compliance examinations, you will need to explain to examiners, with supporting documentation, how UDAAP risk has been mitigated. Now is the time to review the bank’s marketing and advertising plans, including policies and procedures, with an eye to potential UDAAP pitfalls.
