Banks Consumers And Regulation

Recent developments in law, public policy, and regulation have ensured that questions regarding the relationship between banks and their customers have seldom been out of the spotlight. This important book provides a timely, original, and critical examination of the role of the law in regulating banks in the interests of the consumer. The work examines the social and economic rationales for, and the objectives of banking regulation. In so doing, it focuses on the crucial role of regulation in the protection of the consumer. The book then provides a critical appraisal of the principal techniques by which regulation is delivered and protection ensured. Such techniques include prior approval by licensing, continued supervision, and information remedies such as disclosure. The work also looks at how the law protects depositors of insolvent banks through financial compensation schemes, and how it provides consumer redress through mechanisms for ensuring access to justice, in particular ombudsmen. Finally, the book looks at the topical question of consumer access to banking services, and considers the extent to which the law can justify placing social obligations on banks in the consumer interest. This is the first monograph to examine these important topics in this way.

Regulation of the banking industry has undergone substantial changes over the past decade. In response to the 2007-2009 financial crisis, many new bank regulations were implemented pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 or under the existing authorities of bank regulators to address apparent weaknesses in the regulatory regime. Chapter 1 provides a broad overview of selected banking-related issues, including issues related to "safety and soundness" regulation, consumer protection, community banks, large banks, what type of companies should be able to establish banks, and recent market and economic trends. Chapter 2 provides a broad overview of various banking topics--key concepts in banking, overview of regulation, recent banking legislation, and policy issues.Banks generally must comply with a variety of requirements to hold minimum levels of capital. Chapter3 provides a brief overview of these requirements and examines related policy issues. Chapter 4 first provides background information on the consumer data industry and various specialty areas. It then examines one prominent specialty area--consumer scoring--and describes various factors used to calculate credit scores. Next, it provides a general description of the current regulatory framework of the consumer data industry. Finally, the chapter discusses selected policy issues pertaining to consumer data reports. Chapter 5 provides an overview of consumer lending markets, pricing, and legislative efforts designed to facilitate efficient credit allocation and pricing.The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203) established the Bureau of Consumer Financial Protection (CFPB) to implement and enforce federal consumer financial law while ensuring consumers can access financial products and services as reported in chapter 6. Chapter 7 reports on the results of the audits of the fiscal years 2017 and 2016 financial statements of the Bureau of Consumer Financial Protection, known as the Consumer Financial Protection Bureau (CFPB), which is incorporated in the enclosed Financial Report of the Consumer Financial Protection Bureau for Fiscal Year 2017.Chapter 8 provides an overview of how accounting and auditing standards are created and regulated in the private sector, the federal government, and state and local governments

The question of how financial services should be regulated in the interests of consumers has never been more topical. The structure of the financial services industry is changing rapidly and the need for the law to keep pace with these changes has never been greater. This book examines the role of the law in the protection of the consumer, in particular the ways in which the law is, and could be, used to protect consumers when purchasing financial services. A prominent panel of contributors first examines the role of the European Union and the ombudsmen schemes operating in the United Kingdom in improving consumer protection. Eight expert papers present a detailed analysis of aspects of the various legal mechanisms protecting consumers in the banking, financial services, investments and insurance industries. The final part of the book is concerned with the important and controversial area of consumer credit. This unique work is a welcome contribution to a rapidly developing area of law, which has so far received little attention from commentators. It will be of great interest to those at the cutting edge of banking, financial services and consumer law, whether practicing lawyers or in-house counsel, and all those involved in advising consumers.

In the aftermath of the 2008 global financial crisis, many governments are seeking ways to improve their banking regulation systems in the interests of both economic health and consumer protection. Among the globally competitive countries that withstood the crisis with no significant disruption, Israel stands out, suggesting that other countries might benefit from an in-depth analysis of its banking system. This is the first book in English to provide such an analysis, emphasizing the crucial balance between prudential regulation and conduct of business regulation, which in Israel are both regulated by the same agency, unlike the ‘Twin Peaks’ model that prevails in other market-based economies. With recommendations that are highly applicable to many countries, the book examines a broad range of issues that are of current concern to the banking community worldwide. Among these issues are the following: – the architecture of financial regulation; – nationalization and privatization of banks; – conflicts of interest in the banking system resulting from universal banking; – problems of concentration and lack of competitiveness in the banking system; – the growing power of institutional investors and their entry into traditional banking activities; – mechanisms for recovery and resolution in the event of a bank failure; – new models of banking regulation, such as self-regulation and contractual regulation; and – bank consumer protection, complaint handling and redress. Even though the book focuses on Israeli banking regulation, its detailed attention to the development of a suitable supervisory model is of immeasurable international value for regulators, lawyers, bankers, academics, and business people who are in any way connected to the banking world; particularly following the 2008 crisis and its devastating effects. It is sure to be of service as many jurisdictions continue to search for optimal tools designed to prevent another such crisis.

Bank and Customer Law in Canada is a concise introduction to the laws governing banking in Canada and the relationship between banks and their customers. The book includes a detailed discussion of the corporate governance structure for banks and the types of activities in which banks are permitted to engage in Canada. Foreign banks, bank subsidiaries, and bank holding companies are also covered. On the common law side, the focus is on bank account operation, including paper and electronic payment orders. The book also provides discussion and analysis of electronic banking and the challenges posed by non-bank third party payment providers to traditional banking and banks. It also includes directions to other relevant sources, including websites, so that readers can keep up-to-date on the rapid changes in electronic banking. In addition to updating caselaw and legislative developments, the second edition includes new material dealing with freezing accounts, prefunded cards, and recurring payment systems, as well as the growth of mobile payment systems and other electronic forms of payment.