Laws and Regulations
Key laws and regulations that pertain to FDIC-supervised institutions; note that other laws and regulations also may apply.
-
Unfair or Deceptive Acts or Practices
- Federal Trade Commission Act Part 444 — Credit Practices describes requirements under the commercial section of the Act for lenders regarding unfair or deceptive credit practices
Supervisory Resources
Frequently asked questions, advisories, statements of policy, and other information issued by the FDIC alone, or on an interagency basis, provided to address consumer protection issues.
-
Unfair or Deceptive Acts or Practices
- Section VII. Unfair and Deceptive Practices — Federal Trade Commission Act of the FDIC’s Consumer Compliance Examination Manual includes an introduction to UDAP and outlines regulatory requirements as well as related examination procedures
- Interagency Guidance Regarding Unfair or Deceptive Credit Practices provides clarification regarding certain consumer credit practices for banks, savings associations, and federal credit unions
- Unfair or Deceptive Acts or Practices by State-Chartered Banks outlines the standards that the Board of Governors of the Federal Reserve System and the FDIC will consider as they carry out their responsibility to enforce the prohibitions against unfair or deceptive trade practices found in Section 5 of the FTC Act
Other Resources
Supplemental information related to consumer protection issues.
-
Unfair or Deceptive Acts or Practices
- A Brief Overview of the Federal Trade Commission’s Investigative, Law Enforcement, and Rulemaking Authority focuses on law enforcement by the FTC, including investigative, enforcement, and rulemaking authorities
-
Unfair, Deceptive, or Abusive Acts or Practices
- Prohibition of Unfair, Deceptive, or Abusive Acts or Practices in the Collection of Consumer Debts is provided by the CFPB, and describes certain acts or practices related to the collection of consumer debt that could, depending on the facts and circumstances, constitute UDAAPs
- CFPB Manual — Unfair, Deceptive, or Abusive Acts or Practices provides an introduction to UDAAP and outlines regulatory requirements as well as related examination procedures
- FTC Policy Statement on Unfairness delineates the Federal Trade Commission’s (FTC) views of the boundaries of its consumer unfairness jurisdiction
- FTC Policy Statement on Deception addresses the manner in which the FTC will enforce its deception mandate
- FTC Policy Statement Regarding Advertising Substantiation articulates the FTC’s policy with respect to advertising substantiation
- How to Make Effective Disclosures in Digital Advertising provides information concerning the making of clear and conspicuous online disclosures that are necessary pursuant to the laws the FTC enforces
- Enforcement Policy Statement on Deceptively Formatted Advertisements summarizes the principles underlying the FTC’s enforcement actions, advisory opinions, and other guidance addressing various forms of deceptively formatted advertising