AFSA Publishes Electronic Notarization White Paper

The Bureau of Consumer Financial Protection issued a call for evidence to ensure the Bureau is fulfilling its proper and appropriate functions to best protect consumers. The Bureau published in the Federal Register a series of Requests for Information (RFIs) seeking comment on enforcement, supervision, rulemaking, market monitoring, and education activities. These RFIs provide an opportunity for the public to submit feedback and suggest ways to improve outcomes for both consumers and covered entities.

On April 27, AFSA submitted its comments in response to the first RFI on the Bureau’s civil investigative demands (CIDs) and associated processes. AFSA wrote, “The proper role of CIDs are as one investigative tool within the enforcement regime. There are a variety of investigative tools that the Bureau could use, and it is more efficient and effective to use all the tools rather than this single process.”

AFSA explained that CIDs are expensive, time-consuming and often inefficient. The association gave the Bureau a number of recommendations that it believes would improve efficiency and effectiveness, as well as reduce unnecessary costs, burdens, and unintended consequences to the Bureau and the subjects of investigations.

AFSA is currently working on drafting responses to the other RFIs, including one on the adjudication process, which will be submitted on May 7.