Assessment of THE "FLAWED" CFPB Complaint Process
and cfpb database,
including Analysis of "thirty-five" process and
architecture flaws.
As the five tables in the following section will show, the
consumer protection portion of the 2011 Dodd-Frank Act has been
a disaster, and although the consumer protection agency created
by this act, claims success, after success, after success, ... ;
the CFPB would be hard press to prove that they have "protected"
the American consumers from the predatory Wall Street financial
services titans. In fact, as the following three tables are for
the twenty Companies to which the largest number of CFPB
complaint have been filed during the past six-plus years. More
than sixty-two percent of all CFPB consumer complaints were
filed against twenty companies. These companies, which are
hereafter referred to as "The Top-20" appeared to have
discovered the flaws in the CFPB Complaint Process that allows
"the Company rather than the Consumer" to benefit from the
complaint process. These tables show the number of CFPB
complaint filed by Company; and how these Top-20 Companies
responded to consumers, and the public, respectively.
The following assessment of consumer complaint filed against the
Top-20 Companies between January 2011 and March 2017, is an
accurate barometer of the effectiveness, or lack thereof, of the
CFPB Complaint Process. Companies in the Top-20, received
477,400 (64.21%) of the Total 743,427 CFPB Complaints filed
against 4,168 who received at least one consumer complaints
during this period.
Top-20 CFPB Consumer
Complaints by Company
(w/2015 versus 2016 Complaint Comparisions.)
Source: CFPB Public
Consumer Complaint Database |
Rank |
Company Name |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
Total |
2016 vs. 2015 |
1 |
Bank of America |
583 |
16049 |
16459 |
10287 |
9833 |
9783 |
1934 |
64928 |
99.49% |
2 |
Wells Fargo & Company |
258 |
9452 |
11127 |
9168 |
9282 |
11205 |
2089 |
52581 |
120.72% |
3 |
Equifax |
|
621 |
4775 |
9963 |
12003 |
15971 |
3288 |
46621 |
133.06% |
4 |
Experian |
|
725 |
5273 |
10246 |
10828 |
13947 |
2904 |
43923 |
128.80% |
5 |
JPMorgan Chase & Co. |
374 |
7289 |
7990 |
7735 |
7968 |
8762 |
1683 |
41801 |
109.96% |
6 |
TransUnion
Intermediate Holdings, Inc. |
|
464 |
3561 |
8040 |
10167 |
12983 |
2951 |
38166 |
127.70% |
7 |
Citibank |
306 |
5433 |
5878 |
5768 |
6202 |
8703 |
1642 |
33932 |
140.33% |
8 |
Ocwen |
54 |
3762 |
4813 |
6272 |
4906 |
3489 |
517 |
23813 |
71.12% |
9 |
Capital One |
246 |
3877 |
3328 |
3343 |
3690 |
4259 |
969 |
19712 |
115.42% |
10 |
Navient Solutions,
LLC. |
|
1209 |
1586 |
2434 |
2102 |
3308 |
5830 |
16469 |
157.37% |
11 |
Nationstar Mortgage |
3 |
949 |
3089 |
4116 |
4039 |
3189 |
549 |
15934 |
78.96% |
12 |
Synchrony Financial |
86 |
1470 |
1592 |
2743 |
2885 |
3052 |
753 |
12581 |
105.79% |
13 |
U.S. Bancorp |
66 |
1527 |
2029 |
2533 |
2707 |
2618 |
595 |
12075 |
96.71% |
14 |
Ditech Financial LLC |
1 |
829 |
2054 |
2428 |
2693 |
2797 |
445 |
11247 |
103.86% |
15 |
PNC Bank N.A. |
34 |
1398 |
1636 |
1833 |
1594 |
1663 |
328 |
8486 |
104.33% |
16 |
Amex |
61 |
939 |
1113 |
1385 |
1684 |
2374 |
516 |
8072 |
140.97% |
17 |
Encore Capital Group |
|
|
984 |
2596 |
2173 |
1559 |
329 |
7641 |
71.74% |
18 |
HSBC North America
Holdings Inc. |
40 |
1239 |
1628 |
1652 |
1302 |
1057 |
184 |
7102 |
81.18% |
19 |
Discover |
57 |
843 |
901 |
1015 |
1477 |
1589 |
370 |
6252 |
107.58% |
20 |
SunTrust Banks, Inc. |
48 |
1099 |
1125 |
1060 |
1162 |
1325 |
245 |
6064 |
114.03% |
Top-20 Annual Totals |
2217 |
59174 |
80941 |
94617 |
98697 |
113633 |
28121 |
477400 |
96.37% |
|
Assessment of
Top-20 Companies: CFPB Fails to Review and Monitor its
Complaint Database for Trends, Patterns, and
aberrations, thus between January 2011 and March 2017,
more than Sixty-Two Percent of all Consumer complaints
were Filed against the above Top-20 Companies.
Example: Consumer complaints received from fourteen of
the Top-20 Companies increased between 2015, and 2016;
and seven of these Companies had more than 20% more
consumer complaint than in 2016 than they did in 2005.
|
Top-20 Company's
Responses to Consumers.
(10:1 Ratio: Red - Complaints
"Closed with explanation"
vs. Green - Complaints "Closed with monetary
relief".)
Source: CFPB Public
Consumer Complaint Database. |
Public Response to Consumer |
Year Consumer Complaint Filed by CFPB |
Total Complaints |
Percent Complaints |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
Closed |
1 |
1080 |
1382 |
972 |
1184 |
808 |
87 |
5514 |
1.16% |
Closed with explanation |
11 |
29396 |
61899 |
72328 |
76324 |
87748 |
20777 |
348483 |
73.00% |
Closed with monetary relief |
1 |
4966 |
6453 |
6467 |
6756 |
8254 |
1583 |
34480 |
7.22% |
Closed with non-monetary relief |
2 |
5970 |
11200 |
14850 |
14433 |
16786 |
3036 |
66277 |
13.88% |
Closed with relief |
541 |
3665 |
|
|
|
|
|
4206 |
0.88% |
Closed without relief |
1628 |
13863 |
|
|
|
|
|
15491 |
3.24% |
In progress |
|
|
|
|
|
7 |
2557 |
2564 |
0.54% |
Untimely response |
33 |
234 |
7 |
|
|
30 |
81 |
385 |
0.08% |
Total Complaints |
2217 |
59174 |
80941 |
94617 |
98697 |
113633 |
28121 |
477400 |
100.00% |
|
Assessment of Top-20 Companies:
The Number of Consumer Complaints "Closed with
Explanation" was more than ten times the
number "Closed with Monetary
Relief".
Example of the Failure of the
CFPB Complaint Process
The percentage of consumer complaints "Closed
with Monetary Relief" decreased from
16.91% in 2012 down to 9.91% in 2016.
|
Top-20 Company's "Closed
with Explanation"
Responses.
(Red: Company Responses to Complaints, not
Shared Publicly.)
Source: CFPB Public
Consumer Complaint |
Public Response to Consumer |
Year Consumer Complaint Filed by CFPB |
Total Complaints |
Percent Complaints |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
Company believes complaint caused principally by
actions of third party outside the control or
direction of the company. |
|
|
|
1 |
49 |
21 |
3 |
74 |
0.02% |
Company believes complaint is the result of an
isolated error. |
|
|
|
|
84 |
379 |
48 |
511 |
0.15% |
Company believes complaint relates to a
discontinued policy or procedure. |
|
|
|
|
5 |
3 |
|
8 |
0.00% |
Company believes complaint represents an
opportunity for improvement to better serve
consumers. |
|
|
|
|
15 |
112 |
30 |
157 |
0.05% |
Company believes it acted appropriately as
authorized by contract or law. |
|
|
|
4 |
1012 |
1934 |
231 |
3181 |
0.91% |
Company believes the complaint is the result of
a misunderstanding. |
|
|
|
1 |
46 |
334 |
52 |
433 |
0.12% |
Company can't verify or dispute the facts in the
complaint. |
|
|
|
|
19 |
12 |
2 |
33 |
0.01% |
Company chooses not to provide a public
response. |
|
|
|
39 |
25452 |
4028 |
|
29519 |
8.47% |
Company disputes the facts presented in the
complaint. |
|
|
|
|
22 |
2 |
|
24 |
0.01% |
Company has responded to the consumer and the
CFPB and chooses not to provide a public
response. |
|
|
|
3 |
9 |
38952 |
8023 |
46987 |
13.48% |
(blank) |
11 |
29396 |
61899 |
72280 |
49611 |
41971 |
12388 |
267556 |
76.78% |
Total Complaints |
11 |
29396 |
61899 |
72328 |
76324 |
87748 |
20777 |
348483 |
100.00% |
|
Assessment of Top-20 Companies:
The lack of Public Responses from the Company
virtually-cripples the CFPB Complaint Process because
consumers and other consumer complaint agencies have no
awareness of how previous complaint by other .
Example of the
Failure of the CFPB Complaint Process:
More than ninety-eight percent of the complaint
responses from Companies were either blank or were not
shared publicly. This practically-eliminates all
capabilities of both consumers, and other consumer
complaint agencies, to view a Company's responses to
similar CFPB Consumer Complaints.
(The only aberration in the above table is that less
than one percent of the consumer complaints filed
against the Top-20, received the Company's response:
"Company disputes the facts presented in the complaint".
It is inconceivable, that in essence, the Company is
stating that the facts presented by the consumer were
not disputed 99.99% of the time; however, only 6.67% of
all consumer complaints were "Closed
with Monetary Relief".)
|
Top-20 Company Responses -
Disputed by Consumers.
(Disputes were Submitted via the CFPB Consumers
Complaint Process.)
Source: CFPB Public
Consumer Complaint Database |
Public Response to Consumer |
Year Consumer Complaint Filed by CFPB |
Total Complaints |
Percent Complaints |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
Closed |
1 |
230 |
327 |
195 |
302 |
182 |
16 |
1253 |
1.33% |
Closed with explanation |
3 |
7430 |
14342 |
16123 |
17484 |
17839 |
3527 |
76748 |
81.36% |
Closed with monetary relief |
1 |
507 |
733 |
707 |
810 |
841 |
156 |
3755 |
3.98% |
Closed with non-monetary relief |
|
1085 |
1808 |
1607 |
1582 |
1464 |
241 |
7787 |
8.25% |
Closed with relief |
59 |
513 |
|
|
|
|
|
572 |
0.61% |
Closed without relief |
447 |
3774 |
|
|
|
|
|
4221 |
4.47% |
Untimely response |
|
1 |
|
|
|
|
|
1 |
0.00% |
Total Complaints |
511 |
13540 |
17210 |
18632 |
20178 |
20326 |
3940 |
94337 |
100.00% |
|
Assessment of Top-20 Companies:
94,337 of the total 145,150 consumer complaint disputes
filed with the CFPB, were for complaint responses
received from the Top-20.
Example of the Failure of
the CFPB Complaint Process:
76,748 (81.36%) of disputes for Top-20 Company responses
were for complaints "Closed
with Explanation"; and contrarily, only
3755 (3.98%) of complaint disputes filed with CFPB
against consumer complaints "Closed
with monetary relief" by Top-20
Companies.
Special Note: In
April 2017, CFPB admitted that the option to dispute
Company responses was not part of the Consumer Complaint
Process.
|
Top-20 Company - Disputed
Responses of Referred Complaints.
(Complaints were Referred to CFPB by Other
Consumer Complaint Agencies.)
Source: CFPB Public
Consumer Complaint Database |
Public Response to Consumer |
Year Consumer Complaint Filed by CFPB |
Total Complaints |
Percent Complaints |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
Closed |
|
97 |
110 |
29 |
57 |
28 |
|
321 |
2.01% |
Closed with explanation |
1 |
2393 |
3337 |
2487 |
2133 |
1890 |
210 |
12451 |
78.14% |
Closed with monetary relief |
|
175 |
153 |
114 |
101 |
108 |
24 |
675 |
4.24% |
Closed with non-monetary relief |
|
444 |
321 |
138 |
94 |
72 |
9 |
1078 |
6.76% |
Closed with relief |
10 |
129 |
|
|
|
|
|
139 |
0.87% |
Closed without relief |
85 |
1186 |
|
|
|
|
|
1271 |
7.98% |
Total Complaints |
96 |
4424 |
3921 |
2768 |
2385 |
2098 |
243 |
15935 |
100.00% |
|
Assessment of Top-20 Companies:
15,935 of the total 145,150 disputed Company responses
were for Complaints referred to CFPB from other consumer
complaint agencies.
Example
of the Failure of the CFPB Complaint Process:
The fact
that almost eighty percent of Company "Closed with
explanation" responses to complaints referred by other
agencies were disputed, confirms that the CFPB Complaint
Process "Does not Work"! This assessment if proven by
the fact that prior to referring the consumer complaint
to CFPB, referring agencies review and screen complaints
to ensure that they are being referred to the proper
jurisdictional agency, and the fact that the complaint
is being referred, is proof that it is a legitimate
consumer complaint.
(Special Note: In
April 2017, CFPB admitted that the option to dispute
Company responses was not part of the Consumer Complaint
Process.) |
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, and in most
instances, their 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 not 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.)
-
No formal CFPB review of consumer complaints are performed by
CFPB, before complaints are forwarded to Company.
Additionally, there does not appear to be formal
CFPB reviews of any complaints closed by Companies.
(Heretofore, it was believed by the consumer that
this was the "Dispute Process", but it is now clear
that the term dispute was a misnomer, and the more
than one hundred and thirty-two thousand so-called
disputes filed by consumers were discarded by CFPB.)
-
The Company is allowed to specify whether, or not,
its response to a consumer can be shared publicly;
and by not sharing 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. (Because 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.)
-
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 Company
closes the complaint, the response by Company, is
not forwarded to the referring consumer complaint
agency, and if another consumer register the same
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,
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
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; 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.)
|
EVEN
POTENTIALLY-SERIOUS, Criminal Complaints,
Received no "Special Handling" by the CURRENT CFPB Complaint Process.
Data obtained
from CFPB under the Freedom of Information Act (FOIA),
shows that only two complaints were referred to this
internal enforcement agency between 2011 and 2017. There
were a total 8,204 of these criminal complaints during
this period; and 1,522 of the Company responses to these
Criminal Complaints were disputed by consumers. Given
the felonious, criminal nature of these, and other
complaints received by CFPB; it is incomprehensible,
that at a minimum, the 1,522 disputed Identity theft,
Fraud, and Embezzlement complaints, were not referred to
either internal investigative departments within CFPB,
or to other federal investigative agencies for further
handling. Issues that require "Special Handling"
include:
- False statements or
representation
- Fraud or scam
- Identity theft / Fraud /
Embezzlement
- Lost or stolen check
- Lost or stolen money order
- Taking/threatening an illegal
action
- Unauthorized transactions/trans.
issues
|
The following charts show the annual
distribution of the aforementioned criminal complaints
filed by consumers, and the consumer's disputes of the
Company responses to these felonious complaints:
|
CONSUMER COMPLAINTS
SENT TO COMPANY BY CFPB
COMPANY RESPONSES
DISPUTED BY CONSUMERS
|
in may 2017, the Bogus,
non-existent Consumer
Complaint Dispute Option, was Finally-Removed from the CFPB
Complaint process and CFPB complaint DATABASE! |
Starting in May 2017, the "façade" of the Complaint
Dispute Option was removed from the CFPB
Complaint Process, and CFPB admitted that the more
than one hundred and forty-five thousand consumer
responses, heretofore known as complaint disputes,
were actually only Consumer Feed-Back reports, and
that the facade of a formal dispute of the Company
response, would be removed from the CFPB website.
More than one hundred and forty-five thousand consumer
complaints were filed with CFPB between 2011 and April
2017, and the acknowledgement of CFPB that there was
never any formal dispute option in the CFPB Complaint
Process, changes the status of these "consumer disputes"
to "consumer feedback". The following chart shows the
annual "disputed" consumer complaints:
|
"IS CFPB
Really STANDING UP FOR the consumer?
As opposed to the following,
which comes directly from the CFPB website home page, the public
domain information contained on the CFPB Complaint Monitor
website will prove that although CFPB has made a measurable
contribution to protecting the American consumer from predatory
lending practices that were pervasive during the past decade, it
has done little to identify the scammer and predatory lenders
that prey on the economically-distressed consumers. The
following four standing up for you claims are impossible to
believe when compared with the fact that 76.7% of all complaints
sent to Companies CFPB were either Closed, or Closed With
Explanation; and only 19.1% were either Closed With Monetary
Relief, or Closed Without Monetary Relief. On the contrary, to
what is shown below, this four-to-one rejection rate by
Companies of consumer complaints proves that "The Customer Is
Not Always Right!"
CFPB "STANDING UP FOR YOU" CLAIMS ARE UNSUBSTAINIATED!
In fact, the consumer
complaints contained in the current CFPB complaint database
raises the following issues:
-
It is unclear how the $11.8 billion in relief,
for 29 million-plus consumers were calculated; but
the CFPB consumer complaint database shows that
between 2011 and
2017, only 49,609 of 743,427 complaints Closed with Monetary Relief accounted for only 6.7%
of all complaints filed by CFPB.
(Click
HERE to see a detail list of
consumer complaints that were Closed with Monetary
Relief.)
-
Additionally, one of these four "Standing up for
you" claims were positively able to refute by the
consumer relief database: this claim of 1.1
million-plus complaints handled by the CFPB
Complaint Process:
As of March 26, 2017, the CFPB Complaint
Database included records for 743,427 consumer
complaints, and the third claim is more than three
hundred and fifty thousand less than that claimed by
CFPB. (Click
HERE to see a list by Company of all
consumer complaints filed via CFPB.
-
In May 2017, CFPB acknowledged that the CFPB Complaint
Process did not include a formal Dispute Option, and that what was
previously known as the Consumer Dispute Option" was actually only
consumer feedback. This gross-misrepresentation of an dispute option,
rather than a optional consumer feedback option; resulted in more than
one-hundred and forty-five thousands meaningless "optional complaint
feedbacks" being submitted by consumers, who at the time, believed they
were disputing the Company responses sent to CFPB.
|
The following chart shows the origin of all complaints found in
the CFPB complaint database:
|
CONSUMER COMPLAINT PROCESS PROVIDES An effective means FOR
sending CONSUMER complaints to COMPANIES; however, it does not
perform any complaint arbitration functions, and does not
intervene on the consumer’s behalf!
The CFPB provides a mechanism for
consumers to submit complaints to Companies, and recording the
responses received by CFPB, and relayed to the consumer.
However, CFPB does not take an active role in the arbitration of
the consumer's complaint, and the Company's response is simply
relayed to the consumer with comments or commentary.
Additionally, now that the bogus consumer dispute option has
formally been removed from the process; the consumer has no
appeal options available, and must retain an attorney to pursue
the complaint any further. As a point of reference, the CFPB
Consumer Database shows that more than seventy-six percent of
all complaints submitted via the CFPB complaint process are
either denied or rejected by the Company, and now that the
dispute process is no longer an option, there are no mechanisms
available for the consumer to appeal/dispute the Company's
response.
Consumer
Complaint Database IS OF LITTLE, OR NO, VALUE TO THE AVERAGE
CONSUMER.
The underpinning of the "CFPB
consumer complaint process", is a database that includes all
consumer complaints filed with CFPB between 2011 and 2017. The
CFPB Database is used to track all consumer complaints from the
time they are submitted by consumers, or referred from other
consumer complaint agencies; until they are closed by the
Company. The CFPB Consumer Complaint Database was officially
placed online on June 1, 2012, but includes more than
twenty-five hundred consumer complaints that was filed with the
bureau in 2011. As of March 26, 2017, this database had more
than seven hundred and forty-three thousand consumer complaints,
and receives more than fifteen thousand consumer complaint per
month. A complete list of the more than forty-one hundred
Companies that have received one or more complaints can be
viewed by clicking
HERE. Additionally, a printable detail
description of all fields in the CFPB Complaint Database can be
viewed by clicking
HERE.
|