COMPANY-CENTRIC
DESIGN: "THE COMPANY" CONTROLS CFPB COMPLAINT ARBRITRATION PROCESS, AND
CFPB TAKES NO ACTIVE ROLE IN THE CONSUMER COMPLAINT RESOLUTION PROCESS!
THE CFPB COMPLAINT PROCESS IS THE GREATEST
COMPLAINT-RESOLUTION FRAUD EVER PERPETRATED UPON THE AMERICAN CONSUMER,
BECAUSE CONTRARY TO THE GRANDIOSE, OUTRAGEOUS CLAIMS ON ITS WEBSITE, AS
BEING THE "CHAMPION OF THE CONSUMER", CFPB ALWAYS RUBBER-STAMPS "THE
COMPANY" BIASED-ARBITRATION RESPONSES; AND THUS, "THE COMPANY"ALWAYS
WINS!
CFPB PLAYS
NO ROLE IN THE COMPLAINT ADJUTICATION PROCESS:
"THE
COMPANY" IS THE JUDGE, jURY, AND EXECUTIONER!
FINANCIAL SERVICES INSTITUTIONS,
NATIONAL BANKS, and others ARE CURRENTLY LOBBYING FOR THE SHUTDOWN OF
THE CFPB COMPLAINT SYSTEM, BUT THEY DO NOT REALIZE THAT "THEy" WINS MORE
THAN EIGHTY PERCENT OF THE COMPLAINTS FILED BY CONSUMERS; AND THAT CFPB,
RUBBER-STAMP'S "theIR" response more than ninety-three percent of the
time! "THE COMPANY" CURRENTLY HOLDS ALL THE CARDS, AND ARE THE
PROVERBIAL: "JUDGE, jURY, AND EXECUTIONER" OF COMPLAINTS RECEIVED VIA
THE CFPB COMPLAINT PROCESS.
Current Initiatives by some large financial services companies, and national
banks to weaken (or even abolish) the CFPB Consumer Complaint process, is the classic example of:
"Killing the Golden Goose"; because as of April 2017, the more than seven hundred and
forty-three thousand consumer complaints contained in the CFPB Complaint Database,
shows that: "THE COMPANY ALWAYS
WIN!" Some of the many
glaring examples that corroborate this hypothesis, include:
- The CFPB Complaint Process
includes an stealthy, backdoor "COMPANY PORTAL" by which it connects to more
than four thousand companies. This portal is not mentioned
in any consumer-related documentation, but it is the
underpinning of the CFPB Complaint arbitration process. The
"portal" is a web-based, interactive information channel
between CFPB and "The Company"; and
- Although, the CFPB
Complaint Process documentation still includes terms such as
"sending CFBP complaints to The Company", or uploading
complaint data to "the Company"; the reality is, that
all of the more than forty-two hundred registered companies, have instantaneous access to CFPB
Complaint data residing in the Company Portal, and;
-
This "portal" provides the "The Company" with
instant, real-time access to all CFPB complaints filed by
all consumers, so it can used the "canned" arbitration
responses that it previously used for simular complaints,
and;
-
These companies
are solely responsible for the arbitrating and
closing all consumer complaints they received via Company
Portal, and;
- CFPB
"Rubber-Stamped" the Company responses, more than 93% of the time,
and;
- more seventy-three percent of all
consumer complaints are "Closed with Explanation",
by the Company; with no
"Monetary Relief" for the consumer, and;
- annual ranking of Companies based
upon the number of complaints received, percentage of
complaints "Closed with Explanation", and percentage of
complaints "Closed with Monetary Relief', are not shared by
CFPB, and;
- more than ninety percent of
the Company responses to consumer complaints are
not publicly
shared, and this allows many
the Company to reject, and
"Close without explanation", more than ninety percent of all
CFPB consumer complaints received, without drawing the
attention of other federal or state consumer protection/consumer
complaint agencies, and;
- there is no dispute or escalation
procedure available to consumers who disagree with the
response received from the
Company, and;
- For all intentional purposes, consumers who filed complaints
with CFPB, and had their complaints
rejected and closed by the Company;
inadvertently-eliminates
all future options of filing the same complaint with CFPB, or other
federal, state, or local consumer protection/consumer
complaint agencies, and;
- The CFPB "Stamp of Approval" of
the
Company response, can be referenced by
the Company, in
its
responses to future CFPB complaints from the same consumer
(or other consumers), and, finally;
- Other federal consumer complaint
agencies, such as the Consumer Assistance Group (CAG) of the
Office of the Comptroller of the Currency (OCC), still
continue to refer consumer complaints
(i.e., "Blindly throw consumer
complaints over-the-wall") to CFPB, even though
they have been alerted again, and again, and again.
- Click
HERE
view more details regarding the Company-Centric CFPB
Complaint Process.
The
CFPB's: "The Company is Always Right Approach", to resolving
consumer complaints, is an overt, blatant contradiction to CFPB
fiduciary responsibility as defined in the Dodd-Frank Wall
Street Reform, and Consumer Protection Act of 2010. This Act
empowered CFPB with the responsibility to ensure that
financial-related consumer complaints,
filed by American consumer, were arbitrated in a fair, and
impartial basis.
|
"THE COMPANY ALWAYS WINS!"
THE CFPB COMPLAINT DATABASE SHOWS THAT
The ratio of Consumer Complaints "Closed with
Explanation" versus Consumer Complaints "Closed with Monetary Relief"
is more than 10:1 for all COMPLAINTS; AND AS HIGH AS 30:1 FOR
MORTGAGE-RELATED COMPLAINTS.
During the period in question from between
January 2012 and April 2017, the CFPB Complaint Database shows
that:
As incredible as the above "Closed with
Explanation" responses from Companies are; the "Closed with
Explanation" responses for Mortgage complaints are even higher:
-
157,316 (89.42%)
of the
175,934 consumer mortgage complaints were
"Closed with Explanation" by the
Company,
and;
-
4,952 (2.81%) of the 175,934 consumer mortgage complaints were
"Closed with Monetary Relief" by
the Company.
-
This is
a 31:1 ratio of Closed with Explanation versus Closed with
Monetary Relief responses from the Company. (Click
HERE for additional Top-10 mortgage complaint
statistics.)
|
Additionally, between January 2012 and
April 2017, consumer disputed 145,150 (19.5%) of the 743,427
responses received from the Company; and apparently, none of
these complaints resulted in further actions upon the
consumers' behalf by CFPB. (It is important to note; that the CFPB Freedom
of Information Act (FOIA) Office disclosed that CFPB referred 21,198
consumer complaints to other agencies during the period in question;
however, because these referrals were not tracked in the CFPB Database,
it is unclear if these referrals were based upon consumer complaints, or
CFPB actions. (A summary of these CFPB Referral can be viewed
HERE.)
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Other
Major Problems Found in Flawed-CFPB Complaint Process
Some of the most glaring problems we found within the CFPB
Complaint Process include:
-
Companies are allowed to
arbitrarily close complaints even though consumers
have formally disputed the Company Response. In most
instances, the consumer's disputes include
additional documentation that further authenticates
and/or strengthen their original complaint. Between
2011 and March 26, 2017, consumers disputed more
than one hundred and forty-five thousand Company
responses, and there are no records in the CFPB
Complaint Database that any of these disputes were
ever reviewed by CFPB Reviewers, before being
discarded. (Click HERE to see a list of all consumer
complaint disputes by Company, by year.)
-
The Company is allowed to specify whether, or not;
its response to a consumer can be shared publicly;
and if they choose to not share this information,
consumers have no awareness of similar complaints
filed by other consumers.(More than ninety-three
percent of all Company responses, were not shared
publicly. See table below entitled: "Company
Responses Sent to CFPB and Consumers, but not Shared
Publicly", to see annual percentages of Company
responses not shared publicly. (When Companies do
not share their responses to consumer complaints
publicly, it is virtually-impossible for consumer
protection agencies to track and analyze patterns of
potentially-fraudulent and/or criminal behavior by
Companies.)
-
Complaints referred by other consumer complaint
agencies, do not receive any special treatment, even
though they have already been reviewed before being
referred to CFPB; additionally, it does not appear
that the Company is made aware of the fact that
these complaints were review by another agency
before being referred to CFPB. Finally, when the
Company closes the complaint, the response by the
Company, is not forwarded to the referring consumer
complaint agency, and if another consumer files an
identical complaint, there is no ability of the
referring agency to inform this consumer of the
results of the prior complaint(s).
-
The CFPB Consumer Complaint Database includes
ninety-five issues, which can be used by consumers
to file complaints with more than forty-one hundred
companies; however, all of these issues appear to be
given the same CFPB ranking and/or priority. As this
implies, all of these ninety-five issues are treated
equally, in the CFPB complaint process; for example,
it appears that a five-hundred dollar pay-day loan
complaint is treated the same as a five-hundred
thousand dollar home mortgage loan complaint. (Click
HERE to see a list of all CFPB complaint issues.).
-
Complaints alleging
serious, and possibly felonious, violations of
federal and state laws are apparently handled the
same as all other consumer complaints, and
theoretically, there could be dozens, if not
hundreds, of similar complaints against a Company; and CFPB would
never refer any of these alleged criminal activities
to its internal enforcement unit, or to other law
enforcement agencies.(Click
HERE
to view all CFPB Consumer Complaint actions for
these Identity theft, Fraud, and Embezzlement
complaints.)
-
Click
HERE
to see the top-twenty reasons why the CFPB
Complaint Process does not work.
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When a consumer Files A
COMPLAINT via the CFPB complaint process, it is frequently THE
PROVERBIAL "THE KISS OF DEATH" for not only that COMPLAINT; but
it virtually eliminates the probability that similar complaints
from other consumers will receive a fair and objective
arbitration!
Filing a consumer complaint against a Company
with CFPB, (or other federal agencies that, frequently and
unceremoniously, "throw consumer complaints over the wall" to CFPB), is
the proverbial "Kiss of Death" to the complaint. As the following
Mortgage Complaint table shows, in the vast majority of instances, the
Company simply rejects the consumer complaint, and sends a "Closed with
Explanation Response to CFPB; and then the Company is virtually-immune
to any future CFPB-related actions from the consumer. Furthermore, the
Company can explicitly-request that its response to this complaint not
be shared publicly, and then used the CFPB-approved "Closed with
Explanation" response, to respond to dozens, or even hundreds of
identical (or similar) complaints from other consumers. The fact that
the Company chose not to share these responses publicly, means that
consumers, and other consumer complaint/consumer protection agencies,
have no awareness of the fact that a given consumer complaint was
previously-filed with the CFPB dozens, in some cases hundred, of times.
WIDE VARIATION IN "THE COMPANY"
RESPONSE SENT TO THE CONSUMER
As of April 2017, the CFPB Complaint
Database included 743,427 consumer complaint records, and 668,485 of
these records were created during the period from January 1, 2013
through March 2017. The two tables below charts below show wide
variation of how companies responded to the twelve products that
were tracked by the CFPB Complaint Process during this period:
2013-2017 CFPB COMPLAINT PROCESS -
TWELVE PRODUCTS
(Including Closed with no Relief,
and Closed with Relief Responses from "The Company".) |
Product |
Closed |
Closed with explanation |
Closed with monetary relief |
Closed with non-monetary relief |
In
progress |
Untimely response |
Total Complaints |
Percentage Closed wo/Relief |
Percentage Closed w/Relief |
Bank account or service |
1953 |
49479 |
15043 |
4518 |
467 |
100 |
71560 |
71.9% |
27.3% |
Consumer Loan |
558 |
23105 |
1827 |
2352 |
236 |
233 |
28311 |
83.6% |
14.8% |
Credit card |
487 |
46137 |
15152 |
7881 |
298 |
60 |
70015 |
66.6% |
32.9% |
Credit reporting |
401 |
93338 |
702 |
36730 |
1200 |
33 |
132404 |
70.8% |
28.3% |
Debt collection |
6937 |
106561 |
1839 |
21519 |
544 |
2528 |
139928 |
81.1% |
16.7% |
Money transfers |
61 |
4233 |
633 |
207 |
19 |
21 |
5174 |
83.0% |
16.2% |
Mortgage |
4686 |
163142 |
5191 |
9334 |
1048 |
330 |
183731 |
91.3% |
7.9% |
Other financial service |
38 |
757 |
104 |
37 |
7 |
35 |
978 |
81.3% |
14.4% |
Payday loan |
193 |
4429 |
261 |
206 |
6 |
255 |
5350 |
86.4% |
8.7% |
Prepaid card |
40 |
1969 |
1133 |
488 |
16 |
1 |
3647 |
55.1% |
44.4% |
Student loan |
169 |
24066 |
1138 |
1745 |
196 |
56 |
27370 |
88.5% |
10.5% |
Virtual currency |
1 |
16 |
|
|
|
|
17 |
100.0% |
0.0% |
Total Complaints |
15524 |
517232 |
43023 |
85017 |
4037 |
3652 |
668485 |
79.7% |
19.2% |
Source: 2011-2017 CFPB Complaint Database
"THE COMPANY" RESPONSES: CLOSED
AND CLOSED WITH EXPLANATION VERSUS CLOSED WITH MONETARY
RELIEF AND CLOSED WITH NO MONETARY RELIEF.
The following charts show
the:
- Closed and Closed with explanation, and;
- Closed with monetary relief and Closed with non-monetary
relief.

 |
Illustrative Example:
Responses to Complaints against All Mortgage Companies |
Closed Response |
Year Complaint Filed |
Total Complaints |
Percent Complaints |
2013 |
2014 |
2015 |
2016 |
Closed |
1569 |
952 |
1177 |
882 |
4580 |
2.60% |
Closed with explanation |
42723 |
39286 |
37685 |
37622 |
157316 |
89.42% |
Closed with monetary relief |
1323 |
1050 |
1300 |
1279 |
4952 |
2.81% |
Closed with non-monetary relief |
3760 |
1633 |
2122 |
1571 |
9086 |
5.16% |
Grand Total |
49375 |
42921 |
42284 |
41354 |
175934 |
100.00% |
Source: CFPB Consumer Complaint Database
at:http://www.consumerfinance.gov/data-research/consumer-complaint |
Although the almost ninety percent
"Close with explanation" response rate for all mortgage
companies is outrageous; "Close with explanation" responses from
other Top-10 Mortgage Companies are as high as 98.57%. Click
HERE to see more Close with explanation
responses from the Top-10 Mortgage Companies.. |
REGARDLESS OF THE METHOD USED BY
CONSUMERS TO FILE COMPLAINTS VIA "THE FLAWED-CFPB COMPLAINT
PROCESS"; THE RESULTS ARE ALWAYS THE SAME, "The Company
"THE COMPANY ALWAYS
WIN!"
|
During much of the Twentieth Century, there was a long-accepted axiom
that "The Customer Is Always Right"; and while this adage usually
applied to customer complaints, and was most prevalent within segments
the retail industry; many other industry-segments, including the
financial services and mortgage lending industries, adopted this
"golden-rule" as a core business principle. From the consumer's
prospective, this changed within the mortgage industry during the
previous decade, when this industry was inundated by hordes of new
predatory subprime lending institutions. In this new hyper-competitive
environment, even large financial services corporations, and National
Banks were "forced to bend the rules" in order to remain competitive.
The CFPB Consumer Database, used to create this "Consumers for
Consumers" website, vividly illustrates that "The Customer Is Always
Right" has been supplanted by a new axiom that "The Company Always
Wins". From January 1, 2012 through March 26, 2017, the CFPB
Complaint Database shows that 743,427 consumer complaints were submitted
to the CFPB Complaint Process. The origin of these consumer complaints
were:
- Email:
- Fax:
- Phone:
- Postal Mail:
- Referral from other agencies:
- Web:
|
348
10,619
51,038
47,329
130,671
503,422
|
|
The six-year history of the more than forty-one hundred companies to
which CFPB filed consumer complaints can be viewed:
HERE, and the
companies' responses to these consumer complaints viewed
HERE.
The Collaboration BETWEEN CFPB, AND other federal
Consumer Complaint Agencies VIA THE CFPB CONSUMER COMPLAINT PROCESS FACADE.
An analysis of the 2011 through 2017 consumer complaint
contained in the CFPB Complaint Database show that some Consumer Complaint Agencies, Consumer Protection Agencies, and
even Civil
Rights Agencies, are not Fulfilling their Fiduciary Responsibilities to
American Citizens, by Indiscriminately throwing Consumer Complaints
"Over The Wall" to a Defective-CFPB Consumer Complaint Process.
In many instances, consumer complaints are "Blindly Thrown Over
the Wall to CFPB"; even though the CFPB Complaint Database
shows that the so-called CFPB Complaint Process allowed Companies
to prevail in more than Eighty Percent of all complaints filed
between 2011 and 2017. |
In 2012, during its first full year
of operation, CFPB received slightly over seventy-two thousand consumer
complaints; and the annual number of complaints received by CFPB has
steadily increased, to the point where there were more than one hundred
and ninety-one thousand consumer complaints processed in 2016. As this
rapidly increasing number of CFPB complaints illustrates, consumers have
become increasingly dissatisfied, and more cynical of the quality and
fairness of the financial products and services that they are being
offered; and are registering their displeasure, by filing complaints
with federal, state, and local consumer complaint agencies. However, the
spectacular successes claimed by CFPB have resulted in a "LET CFPB DO
IT" approach to resolving consumer complaints, and today, federal,
state, and local consumer protection agencies rarely pursue complaints
and/or claims against Companies, and virtually all federal consumer
complaints are thrown over the wall to CFPB. Our analysis of the Top-10
Companies to which CFPB filed consumer complaints shows that:
- The Top-20 Companies accounted for 94,428 of the total
130,671 referred complaints for all Companies, and;
- 15,935 of the responses to consumer complaints referred
to these Top-20 Companies were disputed by consumers. (Paradoxically, in May 2017, CFPB admitted that these
so-called consumer complaint disputes, were only used for
Consumer Feedback purposes, and played no role in the
consumer complaint process.)
|
Annual consumer complaint analysis of Top-20
Companies are shown in a series of tables below. Additionally, complaint
analysis summaries of: the
Top-10 Companies can be found
HERE;
and the Top-10 Mortgage Companies, by clicking
HERE.
NO Discrimination-related Complaints
are INCLUDED IN THE CFPB COMPLAINT DATABASE, AND ARE not supported BY CFPB Complaint Process!
CFPB WORK INCLUDE:
q
Rooting out unfair, deceptive, or
abusive acts or practices by writing rules, supervising companies,
and enforcing the law.
q
Enforcing laws that outlaw
discrimination in consumer finance.*
q
Taking consumer complaints*.
q
Enhancing financial education.
q
Researching the consumer
experience of using financial products.
q
Monitoring financial markets for
new risks to consumers.
*
Primary responsibilities of CFPB Complaint Process.
Although, one of the key drivers behind the Dodd-Frank Wall Street
Reform and Consumer Protection Act was to provide a fair, and equal
playing field upon which all consumers would have access to Fair Lending
and Equal Credit Opportunities. However, something was lost between the
enactment of this Act into law, because the CFPB Complaint Process, and
the CFPB Complaint Database are devoid of any mention of racial,
ethnicity, gender, or religious discrimination. The only demographic-type
information contained in the CFPB Complaint Database is: older
Americans, servicemembers, and older servicemembers; but it is unclear
it this information was included in the complaints sent to Companies.
Click
HERE
to review the CFPB Credit Discrimination Policies. (This document can
also be found online under the heading:
Addressing credit discrimination at:
https://www.consumerfinance.gov/about-us/blog/addressing-credit-discrimination/.)
Discrimination, in particular, racial
discrimination continues to be one of the greatest problems in
America; yet none of the ninety-six ISSUES included within the
CFPB complaint process, are for the multitude discriminatory
practices that exist within today’s US financial services
industry. CFPB was formed by the Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2011; which was intended to
ensure that the American consumer had a mechanism for seeking
arbitration and mediation of their financially-related
complaints against predatory, fraudulent, and frequently
criminal practices of unfettered financial services
institutions, unregulated non-banks, regulated national
regional, and unregulated state and local banks. The following
seven points from the CFPB-own Credit Discrimination Guidelines,
makes it clear that this Act intended to provide a level
financial playing field for all American consumers, regardless
of race, ethnicity, gender, and religion.
-
Review lenders’ policies, procedures, and lending activity to detect
and address potential discriminatory practices.
-
Bring enforcement actions to stop discriminatory practices and
remedy harm to consumers.
-
Develop new policies, including rules about loan data collection
required by Congress. These data will help ensure that lenders make
credit available in a fair and non-discriminatory manner.
-
Partner with private industry and fair lending, civil rights,
consumer, and community advocates to promote fair lending compliance
and education.
-
Help ensure that consumers have the tools they need to make sound
financial decisions and protect themselves from discriminatory
practices.
-
Assist in reviewing consumer complaints of unlawful discrimination.
We can also review complaint patterns for early warnings about
troubling lending practices. This data will help us in our
supervision, enforcement, rule writing, and education efforts.
-
Conduct research and analysis on equitable access to credit. This
will include analyzing data collected under Federal regulations.
-
Work with the Department of Justice, Department of Housing and Urban
Development, Federal Trade Commission, and other federal and state
agencies to make sure that our fair lending enforcement efforts are
consistent, efficient, and effective.
However, it appears that something was lost
during the translation of the credit discriminatory policies listed
above, and the actual implementation of the CFPB Consumer Complaint
Process, because nothing in the more than seven hundred and forty-three
thousand CFPB complaints included in the CFPB Database, can be
specifically-associated with racial, ethnic, gender, or religious
discrimination. Additionally, during the six years that CFPB has
existed, none of the twenty thousand plus consumer complaints that have
been referred to other federal, state and local agencies, none have been
referred to the CFPB’s Office of Civil Rights, or the Civil Rights
Office within the Department of Justice.
"No Discrimination-Related Issues, or Sub-Issues, are
included in the Current CFPB Complaint Process!"
It is highly-probable that during the past six-plus years,
consumers have attempted to file thousands (and possibly tens of
thousands) of complaints via CFPB, alleging some form of racial,
ethnic, gender, or religious discrimination; however, because
there are no discrimination-related "Issues or Sub-Issues"
within the CFPB Complaint Process, the only way these
discrimination-related claims can be sent to "the Company", is
in appended text-based narratives. (Given "the
Company is A Right" biases ingrained in the CFPB Complaint
Process, the Company is only required to respond to the Issues
and Sub-Issues of the complaint; and thus, there are no
motivations for "the Company" to respond to appended consumer
complaint narratives.)
Click
HERE
to see a summary of all Issues and Sub-Issues in consumer
complaints from January 2011 through April 2017.
Also, click
HERE to see a printable list of ninety-five Issues that are
included in the CFPB Complaint Process.
Read more regarding why "The
CompanyAlways Wins"!
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