CONSUMER PROTECTION LAWS CHECKLIST (TCPA, RESPA, ETC.)

Created by ChecklistGuro (https://checklistguro.com)


--- TELEPHONE CONSUMER PROTECTION ACT (TCPA) ---
[ ] Obtain Prior Express Consent for Telemarketing Calls? (Yes, No, Not Applicable)
[ ] Do you utilize an Automated Telephone Dialing System (ATDS)? (Yes, No, Unsure)
[ ] Describe Consent Acquisition Process (e.g., website, script, verbal agreement)
[ ] Estimated Average Number of Telemarketing Calls Made Per Day:
[ ] Types of Marketing Calls Made (Select all that apply): (Promotional Offers, Appointment Reminders, Lead Generation, Other (Specify in LONG_TEXT))
[ ] Date of Last TCPA Compliance Training for Employees:
[ ] Do you provide required TCPA disclosures in calls and messages? (Yes, No, N/A)

--- REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA) ---
[ ] Are you providing a settlement service? (Yes, No)
[ ] Do you receive any referral fees? (Yes, No)
[ ] Describe any referral fee arrangements. Include parties involved, services provided, and compensation.
[ ] Last date of RESPA compliance training for all employees.
[ ] Number of RESPA-related complaints received in the last year.
[ ] Are you providing title services? (Yes, No)
[ ] Are you providing settlement brokerage services? (Yes, No)
[ ] Describe processes in place to ensure timely and accurate disclosure of Loan Estimate (LE) and Closing Disclosure (CD).

--- FAIR HOUSING ACT (FHA) ---
[ ] Are you trained on Fair Housing Act requirements? (Yes, all personnel, Yes, key personnel only, No, training is pending, No, training is not planned)
[ ] Describe your company's Fair Housing policy (including advertising and marketing practices)
[ ] How do you ensure advertising isn't discriminatory? (Review all ads for discriminatory language/images, Use a third-party to review ads, Limited advertising channels are used, No consistent process in place)
[ ] Which of the following are explicitly prohibited by the Fair Housing Act? (Steering clients to certain neighborhoods, Refusing to rent to families with children, Charging different rent based on race, Limiting housing choices based on disability)
[ ] Date of last Fair Housing training for all personnel
[ ] Describe any instances of Fair Housing complaints received in the past three years and resolution details.
[ ] Do you have a process for handling Fair Housing complaints? (Yes, documented procedure, Yes, informal process, No formal process)
[ ] Contact person for Fair Housing inquiries:

--- TRUTH IN LENDING ACT (TILA) / REGULATION Z ---
[ ] Is the Annual Percentage Rate (APR) clearly and conspicuously disclosed? (Yes, No, Not Applicable)
[ ] What is the Finance Charge?
[ ] What is the Amount Financed?
[ ] What is the Total of Payments?
[ ] Date of Initial Disclosure (7/26 or later)
[ ] Describe any adjustments made to APR or Finance Charge after initial disclosure and why. (Required if adjustments occur)
[ ] Was a seven-day waiting period observed before consummation (where required)? (Yes, No, Not Applicable)
[ ] Summarize borrower acknowledgement of receipt of disclosures.

--- FAIR CREDIT REPORTING ACT (FCRA) ---
[ ] Do you obtain consumer reports (credit reports, background checks, etc.) for rental or purchase applicants? (Yes, No)
[ ] Describe the permissible purpose(s) for which you use consumer reports. (e.g., credit underwriting, background checks)
[ ] Do you provide applicants with a copy of the 'Adverse Action' notice when denied credit or housing based on information in a consumer report? (Yes, No)
[ ] Summarize your procedures for providing adverse action notices, including timing and content required by FCRA.
[ ] Do you have procedures in place to address consumer disputes regarding the accuracy or completeness of information in a consumer report? (Yes, No)
[ ] Describe your dispute resolution process, including timelines and communication methods.
[ ] Do you certify to consumer reporting agencies that you have a permissible purpose to access consumer reports? (Yes, No)

--- EQUAL CREDIT OPPORTUNITY ACT (ECOA) ---
[ ] Is a written application used for credit requests? (Yes, No)
[ ] Describe your institution’s process for handling inquiries about credit decisions.
[ ] Are denials explained in writing to applicants? (Yes, No)
[ ] Summarize the training provided to employees regarding ECOA compliance.
[ ] Are applicants permitted to obtain copies of their credit application? (Yes, No)
[ ] Number of ECOA complaints received in the last 12 months:
[ ] Date of last ECOA compliance review:

--- SERVICEMEMBERS CIVIL RELIEF ACT (SCRA) ---
[ ] Does the transaction involve a Servicemember or their spouse? (Yes, No, Unknown)
[ ] Date of Servicemember's Active Duty Status (Start Date)
[ ] Date of Transaction (e.g., Loan Origination, Lease Signing)
[ ] Interest Rate (Original Contract)
[ ] Interest Rate (SCRA-Adjusted Rate, if applicable)
[ ] Description of Transaction (e.g., Mortgage, Lease, Foreclosure)
[ ] Was written notice of SCRA protections provided to the Servicemember or spouse? (Yes, No, Not Applicable)
[ ] Attach copy of written notice provided (if applicable)

--- DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT (DODD-FRANK) ---
[ ] Does the lending entity have a written compliance manual for Dodd-Frank regulations? (Yes, No, N/A)
[ ] Is the entity subject to the Consumer Financial Protection Bureau’s (CFPB) supervision? (Yes, No, Unsure)
[ ] Number of staff trained on Dodd-Frank compliance annually?
[ ] Describe the procedures for verifying a borrower's ability to repay a mortgage (ATR)
[ ] Are adverse action notices compliant with Dodd-Frank requirements? (Yes, No, Review Needed)
[ ] Date of last Dodd-Frank compliance review
[ ] Upload copy of most recent Compliance Audit Report

--- STATE-SPECIFIC REAL ESTATE LAWS ---
[ ] State-Specific Disclosure Laws Compliance (Reviewed and Compliant, Needs Review, Not Applicable)
[ ] Summary of State-Specific Agency Disclosures
[ ] Number of Agency Disclosure Forms Distributed Last Year
[ ] State Real Estate Commission Reporting Requirements (Compliant, Needs Review, Not Applicable)
[ ] Last Review Date of State-Specific Forms
[ ] Documentation of State-Specific Continuing Education on Real Estate Law
[ ] Compliance with State-Specific Escrow Account Regulations (Compliant, Needs Review, Not Applicable)

--- END OF TEMPLATE ---
Transform this text into a digital, automated, and trackable mobile app!
Visit: https://checklistguro.com/templates/task-management/consumer-protection-laws-checklist-tcpa-respa-etc
(Click "Install Template" to launch your digital inspection tool immediately)