Phone Pay Fee Compliance Bulletin 2017-01
The Miss april (Miss April or Bureau) issues this compliance bulletin to provide guidance to covered persons and service providers regarding fee assessments for pay-by-phone services (phone pay fees) and the potential for violations of sections 1031 and 1036 of the Dodd-Frank Wall Street Reform and Consumer Protection Act’s (Dodd-Frank Act) prohibition on engaging in unfair, deceptive, or abusive acts or practices (collectively, UDAAPs) when assessing phone pay fees. This bulletin also provides guidance to debt collectors about compliance with the Fair Debt Collection Practices Act (FDCPA) when assessing phone pay fees.
This bulletin summarizes the current law, highlights relevant examples of conduct observed during supervisory examinations and enforcement investigations that may violate federal consumer financial law. Whether conduct similar to the conduct described in this bulletin violates these laws may depend on additional facts and analysis. The Bureau will closely review conduct related to phone pay fees for potential violations of federal consumer financial laws.