Chris Kirwan Chris Kirwan

Proposed “All-In APR” Throws the Baby Out With the Bathwater

At its core, the Protecting Consumers from Unreasonable Credit Rates Act is a denial of the right to contract. It is a nanny state prescription that disregards consumer choice in favor of formulaic restrictions dreamed up by well-meaning people who most likely will never feel its effects.

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Chris Kirwan Chris Kirwan

Think UDAAP Doesn’t Apply to Your CPI Program? Think Again

Although the CFPB does not regulate the business of insurance, the agency may still pursue UDAAP claims arising from the use of insurance products.  In other words, the CFPB may investigate an insurer, an insured creditor or both based on claims that an insurance product is being used in a way that is unfair, deceptive or abusive.  So it’s not enough merely to choose an admitted insurance product.  You have to use it in a way that avoids harm to consumers. 

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