Dodd-Frank and Criminal Consumer Protection Liability
Tiffany Joslyn provides a useful summary of the criminal provisions of the Dodd-Frank Act at the Federalist Society National Federal Initiatives Project. One of the things Joslyn points out is that the Act includes new criminal consumer protection liability:
Section 1036 makes it a criminal offense for any covered person or service provider to offer or provide to a consumer any financial product or service not in conformity with Federal consumer financial law, or otherwise commit any act or omission in violation of a Federal consumer financial law, or to engage in any unfair, deceptive, or abusive act or practice. It also criminalizes the failure or refusal by any covered person or service provider to permit access to or copying of records, to establish or maintain records, or to make reports or provide information to the Bureau, as required by Federal consumer financial law, or any rule or order issued by the Bureau thereunder. Additionally, Section 1036 criminalizes knowingly or recklessly providing substantial assistance to a covered person or service provider in violation of these provisions or any rules or regulations issued thereunder (exception for solely providing or selling time or space for advertisements).