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Virginia Bell Flynn, a partner in Troutman Pepper’s Consumer Financial Services Practice Group, was quoted in the February 21, 2022 AccountsRecovery.net Compliance Digest article, “Senators Open Inquiry Into Chase’s Alleged Resumption of Robo-Signing Credit Card Collection Affidavits.”
Six Democrats on the Senate Banking Committee announced last week that they sent a letter to JPMorgan Chase Bank requesting information about the bank’s credit card debt collection practices. The bank had previously been subject to a consent order with the Consumer Financial Protection Bureau (CFPB) that prohibited “robo-signing” litigation documents without engaging in proper verification processes under the Consumer Financial Protection Act, but the order expired in 2020. The Senators’ letter seeks documentation that the bank has not resumed any robo-signing activities and has established quality control measures to ensure that its debt collection efforts are based on accurate information, as well as that the bank applied its hardship policies equitably during the pandemic. Their efforts offer a concrete reminder that federal agencies like the CFPB are not the only entities taking an active interest in consumer protection these days and that expiration of consent orders does not always mean freedom from review. Financial institutions would do well to maintain robust documentation of their compliance policies so as to be ready if and when their turn comes.
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