Laws and Regulations | Missouri Division of Credit Unions

Click on the links below to view state of Missouri laws and regulations related to credit unions.

SUMMARY OF CONSUMER PROTECTION LAWS THAT APPLY TO FINANCIAL INSTITUTIONS INCLUDING FEDERALLY INSURED STATE CHARTERED CREDIT UNIONS

Federal Trade Commission (FTC)

Reg. B - Equal Credit Opportunity Act (Fed Reg.)

Prohibits discrimination in the extension of credit on the basis of sex, marital status, age, race, color, religion, national origin, receipt of public assistance income, and the good faith exercise of rights under the Consumer Credit Protection Act. Requires lenders to notify applicants of decisions, explain why credit is denied, retain records for set periods after an adverse credit decision, and provide for penalties for failure to comply with the regulation.

Reg. E - Electronic Funds Transfer Act (Fed Reg.)

Establishes the rights, liabilities and responsibilities of consumers and financial institutions with regard to electronic funds transfers (EFT) and protects consumers using EFT systems. Regulation E applies to any transaction initiated through an electronic terminal, telephone, computer, or magnetic tape that tells a financial institution to either deposit or withdraw from a member's account at a financial institution. Prescribes rules for the solicitation and issuance of EFT cards; governs consumer's liability for lost or stolen cards; sets up resolution procedures for errors on EFT accounts; covers the notice of crediting and stoppage of preauthorized payments to and from a customer's account; requires institutions to disclose certain terms and conditions of EFT services; and provides for documentation of electronic transfers.

FCPR - Fair Credit Practice Rule

Is designed to assure fairness of consumer credit, late charge accounting, and cosigner practices of financial institutions. Under the Fair Credit Practice Rule, loan contracts are prohibited from containing confessions of judgment, certain waivers of exemption, assignment of wages, and nonpossessory security interest in household goods unless the goods are purchased with the credit that is extended. This Rule prohibits pyramiding of late charges and the misrepresentation of a cosigner's liability.

FCRA - Fair Credit Reporting Act

Protects information collected by consumer reporting agencies such as credit bureaus. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies have specific legal obligations, including the duty to investigate disputed information. User of this information for credit must notify the consumer when an adverse action is taken on the basis of such reports.

FDCPA - Fair Debt Collection Practices Act

Prohibits third-party debt collectors from employing deceptive or abusive conduct in the collection of consumer debts incurred for personal, family or household purposes. This Act does not pertain to financial institutions that collect debt that they originated. Such collectors may not contact debtors at odd hours, subject them to repeated telephone calls, threaten legal action that is not actually contemplated, or reveal to other persons the existence of debts.

HIDC - Holder in Due Course

Protects consumers who purchase goods or services on credit. The rule only applies to consumer credit and is intended to prevent sellers who deliver poor goods or services from limiting a consumer's remedies by selling the consumer's note or other debt obligation to a creditor.

Reg. M - Consumer Leasing (Fed Reg.)

Regulation M implements the consumer leasing portions of the Truth in Lending Act. The purpose of Regulation M is to assure that lessees of personal property are given accurate and meaningful disclosures of the terms and conditions of personal property leases. These disclosures allow consumers to compare various lease terms or to compare lease terms with credit terms.

Reg. Z - Truth in Lending (Fed Reg.)

Prescribes uniform methods of computing the cost of credit, disclosure of credit terms, and procedures for resolving billing errors on certain credit accounts. Regulation Z was written to promote the informed use of consumer credit by consumers, and applies to loans for personal, family or household purposes. The major provisions of the regulation require lenders to:

Provide borrowers with meaningful, written information on the cost of credit (including financial charges and the annual percentage rate (APR)).
Respond to consumer complaints of billing errors on certain credit accounts within a specific period.
Identify credit transactions on periodic statements of open-end credit accounts.
Provide certain rights regarding credit cards.
Inform customers of the right to rescind certain real property transactions with a specific period of time.
Comply with special requirements when advertising credit.

National Credit Union Administration (NCUA)

BSA - Bank Secrecy Act

Requires financial institutions to file certain currency and monetary instrument reports. This information is used to help government agencies find money laundering activities relating to drug trafficking and white-collar crime.

Reg. C - Home Mortgage Disclosure Act (HMDA) (Fed Reg.)

Requires depository institutions with assets over a certain amount, who originate or purchase first mortgage loans, and have home or branch offices located in Standard Metropolitan Statistical Areas (SMSAs) to provide the public with information on how the depository institution is serving the housing credit needs of the community it serves.

Reg. CC - Expedited Funds Availability Act (Fed Reg.)

Establishes availability schedules and limit holds that financial institutions can place on personal and business demand deposit or other transaction accounts. It does not apply to savings deposits, time deposits, or money market deposit accounts.

FDPA - Flood Disaster Protection Act

Requires the NCUA to ensure that credit unions do not make loans secured by uninsured real estate or mobile homes located in specific designated flood hazard areas.

TISA- Truth in Savings Act

Requires clear and uniform disclosure of share/deposit account rates and fees so that members may compare competing savings and investment options. For each class of account, the corresponding terms must clearly state the APY (annual percentage yield), interest rate, dividend calculation method and any corresponding restrictions, any fees or transaction limits on the account, the compounding frequency, minimum balance requirements, requirements to ear a bonus (if applicable), handling non-cash items and the frequency and changes to the APY. Insufficiently automated financial institutions under $2 million in assets are exempt from TISA.

Gramm-Leach-Bliley Act - Privacy of Consumer Financial Information

Governs the handling of consumer financial information. Under the Gramm-Leach-Bliley Act (GLB Act), financial institutions have restrictions on when they may disclose a consumer's personal financial information to nonaffiliated third parties. The GLB Act grants consumers the ability to opt-out of the disclosure of their financial information to most nonaffiliated third parties. The ability to opt-out is subject to certain exceptions. In addition, the GLB Act requires financial institutions to provide notices to customers about its privacy practices and policies.

Housing and Urban Development (HUD)

RESPA - Real Estate Settlement Procedures Act

RESPA requires disclosure of certain information in the settlement, servicing, and escrow activities associated with real estate lending, such as: (1) Timely information concerning settlement costs; (2) Prohibition of certain abusive practices (such as kickbacks or unearned fees); (3) Limits the use of escrow accounts; and (4) Requires detailed disclosures on the transfer, sale or assignment of servicing. RESPA applies to all real estate loans secured by residential real estate, except: (1) Loans on properties of 25 acres or more; (2) Loans on vacant or unimproved property; (3) Business purpose loans, except if an individual places a lien on a 1-4 dwelling; (4) Temporary financing (i.e. construction or bridge loans); (5) Loan conversions not requiring a new note; (6) Assumptions that do not require lender approval; (7) Secondary market transactions; and (8) HELOCs subject to Regulation Z.

FHA - Fair Housing Act

Prohibits financial institutions that make real estate loans from discriminatory lending practices against a person. It is illegal to discriminate in fixing the amount, interest rates, duration, or other terms of the loan based upon: (1) Race; (2) Color; (3) Religion; (4) Sex; (5) Handicap; (6) Familial Status (having one or more children under the age of 18) and (7) National origin.

Federal Reserve (Fed)

Reg. D - Reserves on Transaction Accounts

Establishes the required amount that a depository institution must reserve based on the level of transaction accounts on deposit. Institutions are required to maintain a certain level of reserves to assist the Federal Reserve Board in implementing monetary policy.

Disclaimer: Links to these web sites are provided to assist you in finding consumer protection information (specifically the Acts and Rules). The Division of Credit Unions does not endorse any of the products or programs found in these web sites. The Division of Credit Unions has no responsibility for the content or accuracy of these web sites.