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In analyzing reasonable avoidability under the FTC Act unfairness standard, the Bureau notes that the FTC and other agencies have at times focused on factors such as the vulnerability of affected consumers, as well as those consumers' perception of the availability of alternative products.
This information would help ensure that certain risks of the loan and associated payments are consistently and accurately disclosed to consumers, according to the Bureau's authority under section 1032 of the Dodd-Frank Act.
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Enforcement Expenses can include a range of costs such as legal fees, collection agency fees, our reasonable internal costs, as well as all government fees, charges, taxes or duties incurred in relation to those expenses.
The Bureau notes that Dodd-Frank Act section 1036(a) separately provides that it shall be unlawful for “any person to knowingly or recklessly provide substantial assistance to a covered person or service provider in violation of the provisions of section 1031, or any rule or order issued thereunder, and notwithstanding any provision of this title, the provider of such substantial assistance shall be deemed to be in violation of that section to the same extent as the person to whom such assistance is provided.
Questions of legitimacy, however, are at the heart of the matter.
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