Time for a national lending standard – NMP Skip to main content

Time for a national lending standard

May 11, 2005

Uncle Sam cracks down: Consumer privacy, Do-Not-Call violators hit for non-compliancemortgagepress.comconsumer protections laws, compliance, do-not-call lists In a possible signal of increased government enforcement, the Federal Communications Commission and Federal Trade Commission have come down hard on two mortgage companies for failure to comply with consumer protection laws. By conducting nationwide compliance sweeps and responding to consumer complaints, these regulatory organizations are pursuing maximum fines on companies found in non-compliance. On Feb. 22, the FCC proposed a $770,000 forfeiture against Phoenix-based Dynasty Mortgage LLC for apparently violating the National Do-Not-Call (DNC) Registry, rules designed to curb telemarketing abuse. The FCC alleged that Dynasty Mortgage made 70 calls to 50 homes in Arizona and California that were registered on the federal DNC list. The company continued its telemarketing activity even after receiving a citation warning the company of its potential penalties. In addition, Dynasty apparently misinformed customers that it was exempt from the commission's rules. The FCC lobbied for the maximum fine for each violation, $11,000, and the five-member commission ruled in a unanimous decision. Curtis White, the company's president, is expected to launch an appeal, stating that Dynasty has systems in place to ensure that those registered on the National DNC Registry are not called, and while there may be a "flaw in the system," it was willing to work on fixing the problem. According to the FCC forfeiture notice, Dynasty obtained its leads from a lead broker, who claimed the list had been "scrubbed" prior to Dynasty's purchase. However, the FCC noted that purchasing a "scrubbed" list does not fulfill compliance with the law. To date, mortgage companies have been the leading industry named in DNC citations issued by the federal government. John Eubank, president of Fairfax, Va.-based Nationwide Mortgage Group, has also felt the sting of non-compliance. The FTC charged the 12-year-old firm with violating the Gramm-Leach-Bliley Safeguards Rule, which requires institutions to implement security policies and procedures for the protection of customers" personal and financial information. Although the FCC did not cite any specific incidents of lost or stolen information, it charged Nationwide Mortgage with failure to assess the risks to sensitive customer information, implement safeguards to control these risks, train employees on information security issues, oversee loan holders handling of customer information, or monitor its computer network for vulnerabilities. A number of conditions outline the settlement, including periodic updates of Eubank's compliance activities over the next 10 years, but it's the price of security requirements that will close Nationwide Mortgages five-person office. Eubank estimates that it will cost $60,000 to meet the FCC demands, a fine that he cannot afford. For more information, visit www.ftc.gov or www.fcc.gov.
About the author
Published
May 11, 2005
Fannie Changes How Rent From A Former Home Counts

Fannie now prohibits leases for departing residences and permits market-analysis tools instead of Form 1007, creating a key documentation difference from Freddie Mac

MPF Expands Eligibility For Manufactured And Renovation Loans

The Mortgage Partnership Finance Program has expanded MPF Traditional eligibility for affordable loans, manufactured homes, renovations, and lender-funded assistance

Sep 22, 2026
Fed Hike Raises HELOC Costs While Mortgage Rates Stay Near 7%

Prime rose to 7% while the 10-year Treasury remained near 5%, giving originators two different borrower conversations

Sep 17, 2026
Rocket Raises Conforming Loan Limit To $845K Ahead Of FHFA

The higher limit gives brokers more room to keep borrowers from crossing into jumbo territory

Sep 10, 2026
Rocket Pro Launches ‘Moving Squad’ To Recruit Brokers From UWM

Rocket is offering partners up to $10,000 to help bring UWM brokers onto its platform

Sep 01, 2026
NEXA, UMortgage Leaders Explain What Drove Acquisition

Kortas relinquishes the CEO title, elevating Casa to co-equal "executive partner"

Aug 31, 2026