Consumer protections exist to prevent fraud, usury, extortion and other financial crimes. Since individuals are not always aware of commercial and legal details surrounding transactions and business communications, undesirable and underhanded access to the wallets and bank accounts of unsuspecting people becomes possible.

1. Moneycation
Published by Moneycation™
Newsletter: February 17, 2015
Volume 3, Issue 4
Consumer financial protections
Consumer protections exist to prevent fraud, usury, extortion and
other financial crimes. Since individuals are not always aware of
commercial and legal details surrounding transactions and business communications, undesirable
and underhanded access to the wallets and bank accounts of unsuspecting people becomes possible.
A knowledge gap, trust and deceptive practices are the gateway with which dubious intents find
their way to people's money. Laws are enacted to identify and prevent these wrongdoings from
taking place. However, more criminally benign factors such as corporate lobbying or other political
influences also encourage a weakening of consumer protections. An example of this pertaining to
lending fees is illustrated by Michael Corkery of the New York Times.
“Over the last two years, lawmakers in at least eight states have voted to increase the fees or
the interest rates that lenders can charge on certain personal loans used by millions of
borrowers with subpar credit.”
Consumer protection is consequently a multi-tiered process that involves multiple entities and
organizations in a number of ways. In other words, tackling the issue from different angles such as
legislatively administratively, commercially and publicly all occur relatively separately, but
contribute to overall consumer security. This is also the case in terms of regulatory bodies, and is
evident in the following U.S. Government Accountability Office excerpt pertaining to virtual
currency risks:
“Interagency efforts related to virtual currencies may not be consistent with key practices
that can benefit interagency collaboration, such as including all relevant participants to
ensure they contribute to the outcomes of the effort. As a result, future interagency efforts
may not be in a position to address consumer risks associated with virtual currencies in the
most timely and effective manner.”
This newsletter seeks to build awareness of issues and factors surrounding and contributing to
consumer protection. It details some of the financial crimes occur in today's world in addition to the
public financial safety made possible by amelioration such as statutory rules and individual security
enabling practices.

2. Fraud
Fraud is a sizable problem that directly and indirectly impacts Americans. A well-known example
of fraud involved the mortgage industry and was so bad that it contributed to the economic collapse
experienced during the Great Recession. According to the U.S. Federal Bureau of Investigation
numerous types of fraud exist and pose a threat to American consumers; several of these are listed
below:
• Mortgage fraud
• Mass marketing fraud
• Financial institution fraud
• Corporate fraud
• Securities fraud
• Insurance fraud
While some types of fraud have declined per federal data, others have not. In particular, mortgage
fraud, healthcare fraud and securities fraud experienced substantial rises between 2007 – 2011. This
is evident in the following Federal Bureau of Investigation bar graphs and shows how financial
crimes directly and indirectly costs Americans.
Source: Federal Bureau of Investigation; USGov-PD
In the years following 2008 and the Great Recession, numerous securities fraud cases emerged that
cost large financial institutions tens if not hundreds of billions of dollars in settlements. Some of
these cases involved misleading investors whereas other instance involved market manipulation and
insider trading. For example, Bloomberg reported that global forex-rigging fines alone were
approaching the $41 billion mark. Since a large amount of money changes hands in the securities
industry and markets, these types of financial crimes tend to have far reaching effects.

3. Types of fraud by year and impact
Source: Federal Bureau of Investigation; USGov-PD
Although some financial crimes rose in previous years, others were able to be reduced. For
instance, the FBI also reports that financial institution fraud declined from 2,732 cases in fiscal year
2007 to 1,719 cases in fiscal year 2011. Insurance fraud also declined from 209 to 140 cases over
the same period of time.
Mass marketing fraud and money laundering are additional financial crimes that have followed a
declining or slowing trend over several years. Nevertheless, the fact that so many types of
misdoings can and do occur on an annual basis indicates that the mere enactment of law is not
necessarily enough from such actions from taking place. Enforcement, implementation and
consumer awareness are also important aspects of preventing such financial misgivings from
occurring.
Regulation
Regulatory organizations include government agencies, not-for-profit entities and even for-profit
businesses. They exist because if left to their own devices, financial institutions and corporations
would have greater freedom to implement questionable business practices. History has
demonstrated this via numerous cases of exploitations of consumer vulnerability. An example of
this is insufficient oversight of the subprime mortgage market. This became such a big problem that
it contributed to the housing bubble collapse in 2006-2007.
Federal consumer protection agencies
• Fair Trade Commission
• Consumer Financial Protection Bureau
• Federal Deposit Insurance Corporation
• Securities and Exchange Commission
Non-governmental consumer protection organizations

4. • Financial Regulatory Authority
• Privacy Rights Clearinghouse
• Consumer Federation of America
These organizations help administer consumer protection laws. These laws address issues
pertaining to commercial conduct surrounding lending and other financial activity such as
transactions, fees and disclosures. They also serve to coordinate the prioritization and investigation
of consumer protection issues as they emerge.
Consumer Protection Laws
Purpose Protection(s) Rules
Fair Debt Collection
Practices Act
Regulation of debt
collection practices
Prevents underhanded
attempts at debt
collection
Does not apply to
federal education loans
Fair Credit Reporting
Act
Accuracy of consumer
credit data
Assists borrowers with
correction of credit
errors
Allows free consumer
credit reports
Fair Credit Billing
Act
Accuracy of billing
data
Holds creditors
accountable for billing
errors and false charges
Allows consumers to
dispute charges
Credit Card
Accountability Act
Maintenance of
reasonable creditor
terms of agreement
Limits total expenses
paid by borrowers
Requires creditor
disclosures and
statement data
Magnuson-Moss
Warranty Act
Transparency of
warranties and
coverage
Enforcement of
warranties
Prohibits limitations of
warranty terms
Identity Theft and
Assumption
Deterrence Act
Criminalizes identity
theft as a federal
offense
Allows victim
restitution upon
conviction
Defines characteristics
of identity theft and
relevant circumstances
Truth in Lending Act Prohibition of
unsolicited credit cards
Mortgage disclosure
Safer consumer lending Closed-end mortgage
disclosures
Creditor fee limitations
Privacy
Identity is the legal, financial, and social record of one's existence on Earth. Identity is at the core of
what ties an individual to his or her actions, beliefs, transactions, whereabouts, finances and
property. Naturally, protecting identity is a concern among people because of its connective value to
individuals' security of important information in addition to protecting those individuals from the
consequences of identity theft that can take years to remedy.

5. Protecting privacy involves being aware of what aspects of identity are important as opposed to
what aspects of identity are not. For example, the color of one's favorite pair of socks is generally
not an aspect of identity that needs protection unless that color is part of a security clearance
question for a bank account or something of value.
Typically, the most important aspects of identity involve financial information, confidential
professional data, personal information relating to privacy such as medical or legal information that
is protected by law. While these previous areas are often worth protecting, they may not include the
full compendium of identity information one may wish to protect. The remainder of this article will
outline some of the ways to protect identity and confidential personal information relating to but
not limited to identity.
Securing financial information
Financial information is an important part of one's identity is a protected in part by Federal
legislation governing how corporations use and inform clients on matters relating to privacy of
financial information. The 1999 Gramm-Leach-Bliley Act asserts corporations must disclose
privacy policies regarding consumer information. However, this does not mean the privacy policies
themselves may be favorable to the consumer. For this reason it is important to read how and why
personal financial information will be used to determine it such use is personally acceptable.
As with medical information, using caution and reserve when releasing information to marketing
companies, employers, and other interested parties is a good protective measure. Release only
information that is required by law in order to receive a service, complete an application etc. Using
a privacy conscious bank such as a Swiss bank account and cash instead of credit cards also
protects one's information from being disclosed indiscriminately to third parties and from having a
digital record of transactions being recorded.
Keeping up to date on all account information and credit reports can also alert one to fraudulent
activity and as an added measure one can choose to freeze one's credit information from marketers
by calling 1-888-5-OPT-OUT. Other methods of reducing the spread of one's personal information
among marketers is to contact the American Marketing Association and completing the purge
information forms available to consumers. These purge forms, once processed remove that
information from marketing lists for up to 5 years.
Protecting medical information
Medical information can become less private under a number of conditions including the signing of
waivers prior to medical treatment, when submitting claims to a health insurance provider, and
when completing questionnaires whether they be commercial, employment or medically orientated.
Exercising caution when releasing personal medical information is good measure i.e. only release
information that is absolutely necessary in order receive service and avoid utilizing insurance
companies when attempting to prevent the release of information regarding a health related
concern.

6. Additionally, becoming familiar with the rights and regulations established by the updated Health
Insurance Portability and Accountability Act (HIPPA) 2003 ,can assist one in determining his or her
rights in regard to privacy of medical information. Another resource for learning about protecting
individual identity is the The American Civil Liberties Union. This organization is concerned and
actively involved with the protection of and advocacy of individual privacy.
Personal and business correspondence confidentiality
In the daily course of events it is not uncommon to receive and send many documents containing
information containing addresses, social security numbers, and other private information. Instead of
disposing of old files with personal information in the garbage, it is a protective measure to shred
this information, preferably with a cross cut shredder before disposal. The reason for this is that
potential identity thieves or other curious individuals may physically search through trash for such
information.
Additional methods to protect personal information are to utilize post office boxes to prevent one's
address information from being widely known, in addition to securing one's residence or workplace
with security features such as surveillance cameras, alarm systems, protective personnel and/or
K9's. Safety deposit boxes and/or safes may be utilized for safe keeping of valuable assets and
important legal documents.
If one is very protective of one's identity, establishing residency on an offshore Island for more than
6 months of the year to avoid having to disclose tax, and other legally required information
associated with full time residency within the United States or other highly regulated country may
be possible.
Blocking access to computer files and drive storage information
Computer files can accumulate a great deal of personal and identity related information over time
because of the computers role as a storage device, communications portal, and business facilitator.
Computers are hubs for identity information and consequently protecting such information is of
relevance.
A number of steps can be taken to protect confidentiality of files, communications, and transaction
information. Making use of password protection, encryption options of sensitive files, firewalls and
spy-ware software can all assist in preventing identity loss in addition to using caution when
opening unknown or suspicious emails.
When files are no longer of use or expired, completely deleting them from a hard drive may be
advisable. Files can often remain accessible even after deletion in which case the hard drive
memory must be more thoroughly erased through substantial reformatting. Operating software such
as Windows allows hard drives to be reformatted.
Online information privacy
When on the internet, whether it be transmittal of files, recording of information online or searching
the internet, information may be vulnerable to interception and viewing from unknown third parties

7. in addition to criminal data mining enterprises. For example, there are many scams online that
attempt to solicit personal information such as bank account information, credit card information
and the like via bait such as false prizes, phony financial assistance requests from money
launderers, and false websites that appear to be trusted websites seeking password information
when in fact, they are not.
To protect information online one may also send and receive encrypted files that are stored on a
hard drive via encryption software, periodically erase computer caches, consoles, auto fill memory
and cookies from one's computer and use an anonymous proxy browser or proxy server software.
Firewalls, virus protection software and background knowledge of the website information is
transmitted to can all be helpful in protecting identity and sensitive information about one's identity.
The safest way to protect one's identity is to have no identity at all which means eliminating all
traces of one's existence from the World. In most cases this is either impractical, very difficult or
not necessary to protect one's identity from common concerns such as theft, breach of privacy, and
illegal supposition of identity related information. Through utilizing the tips presented in the article
one may become more aware of the steps one might take to better protect one's identity.
Credit
Buyer protection credit terms are governed by legislation such as the Credit Card Act. This act and
regulators such as the Consumer Financial Protection Bureau help ensure consumer rights such as
freedom from illegal collection activities and credit card company wrongdoings. Specifically, credit
card regulations pertain to credit card interest rate and fee limitations, disclosure requirements, and
age restrictions on credit marketing among other terms. This article will serve as a guide to buyer
protection credit terms in regard to legal premises, buyer protection terms, and consumer advocacy.
The legal foundation of buyer protection terms
Buyer protection credit terms are legal agreements offered by creditors before and during the
providing of credit to consumers. By agreeing to the terms of credit and credit protection, both the
buyer and the creditor are acknowledging rules are in place regarding the handling of credit and
circumstances surrounding that credit. There are many types of credit terms as credit varies. For
example, there are credit cards, mortgages, car loans, leases, lines of credit, home equity loans etc.
Since each of these loan products are different, credit terms must be tailored to comply with the
nature of each specific loan.
Ultimately buyer protection credit terms are determined by Federal and State regulation and not
exclusively by the terms of agreement that come with the credit application. In some cases, terms of
agreement may be invalid due to non-compliance with statutory law. Title 15, Chapter 14 of the
U.S. Code outline the Federal requirements regarding credit protection. This covers issues such as
disputing debt, debt collection practices and liability of creditors and debtors and more.
The U.S. code is occasionally updated to incorporate federal laws such as the Fair Credit Billing
Act, Consumer Credit Protection Act, Fair Debt Collections Practices Act, Credit Repair

8. Organizations Act and more. According to Title 15 of the U.S. Code, U.S. States must have
consumer protections in place that are not inconsistent with Federal regulations, or go above and
beyond them in regard to protecting the consumer.
Buyer protection: The credit agreement and rights
Before accepting credit, consider consulting The Federal Reserve Board's Consumer Help website.
This website outlines key consumer protection laws aspects of credit that should be disclosed by the
creditor to the buyer such as how and what interest rates and fees are charged, conditions of the
leases, manner of credit terms disclosure, obligations of both debtor and creditor etc. The providing
of specific information to consumers from creditors is required to help protect the consumer from
misunderstandings that can lead to financial damage. For example a credit card agreement may
have the following aspects as required by law.
• Liability protection for unauthorized use of credit
• Payment of credit
• Interest and fees
• Identity theft procedures
• Limitations on credit use
• Enforcement of financial penalty
• Disclosure of creditor lending terms
Larger credit loans such as mortgages may be far more complex as the number of laws governing
the credit increases due to the nature of the loan. For example, a mortgage involves multiple parties
such as Title company, Realtor(s), Bank, municipal record keepers, insurers, inspectors etc. all of
whom have their own terms of lending, contracting, charging and rules they must follow to be
legally compliant.
Mortgage agreements can be multiple pages long, written in legalese and difficult to read during a
home closing meeting. Due to this, the assistance of an attorney may be helpful when reviewing or
contesting the credit terms. Additional credit regulations pertain to credit records for which further
protections are afforded to the consumer.
• Credit repair organization requirements
• Consumer credit information provisions
• Dispute procedures and rights
• Credit reporting regulations
Buyer credit terms protection advocacy
Government and private organizations exist to assist consumers in having their buyer protection
credit terms properly honored. Additionally, changes to credit laws take place to modernize credit
protection. For example, annual free credit reports were not always a consumer privilege.
Buyers may now report and dispute errors found on credit reports and take steps to have errors

9. removed. Consumer advocacy organizations can be contacted in cases where credit fraud, credit
repair fraud, credit identity theft, unresolved dispute claims and other credit problems occur. Three
of these organizations are listed below.
• State Departments of Consumer Affairs
• Federal Trade Commission: Bureau of Consumer Protection
• The Identity Theft Assistance Center
• American Alliance on Consumer Interests
• Consumer Federation of America
Buyer protection credit terms are often small print agreements written in financial or legal language
and at times may be difficult to comprehend. These terms often include information on the cost of
lending, liability protections, buyer and lender rights, use of credit, billing procedure etc.
Legislative regulation exists to protect the consumer from credit fraud, abuse, impropriety and other
aspects of borrowing and lending. These protections are consist of a number of Federal and State
Acts which credit lenders such as banks are required to follow if applicable. Violations of these
terms may occur at times, in which case consumer awareness and enforcement of protection laws
may be necessary.
Collections
Debt collection agencies are not exactly thrilled to reveal what they are not allowed to do under The
Fair Debt Collection Practices Act. Instead, debt collection agencies may be more likely to avoid
mentioning, explaining, or acknowledging the existence of such legislation in a possible attempt to
place pressure on those persons who they are trying to collect money from. Consumer protection
law is available to the public under Title 15, chapter 41, sub-chapter 5 of the U.S. Code.
Being aware these rules disallow certain practices within debt collection, and in regard to debt
collection agencies can assist people in debt know their rights when their debt is passed to a debt
collector. These rights help empower debtors in so far as the law allows, and does so for the
purpose of protecting debtors from harassment, manipulation, threat and danger.
Debt collection agencies can't violate your privacy
According to the Privacy Rights Clearinghouse, debt collectors cannot leave pre-recorded voice
mails on cellular phones if a cell phone was not given on a credit application. Debt collectors are
also not allowed to leave messages with third parties as per Title 15, chapter 14, subchapter V,
section 1692c of the U.S. Code. the Privacy Rights Clearinghouse.
Communication from debt collection agencies can be terminated
A debt collector can be asked to cease contact with the provision they are allowed one additional
communication to notify a debtor of the collection effort thereafter. This does not mean one no
longer owes debt, but it does mean that particular collection agency is obligated to cease
communication following the defined contact prescribed by law.

10. Misrepresentation of debt, business, legal and individual communication
Debt collection agencies must act honestly with their communications so as to avoid coercing,
manipulating, harassing or lying to the debtor, all of which are illegal. The debt collector is required
to disclose the purpose of their initial communication and may not mislead or contact the debtor
before 8:00AM or after 9:00PM in that debtor's time zone.
Collection fees and assets are prohibited unless authorized
A debt collection agency may also neglect to mention the unfair practice provisions of the
aforementioned statutory law. This includes unauthorized collection of debt owed and associated
fees as well as personal property. By unauthorized one means as made through agreement with the
collection agency or as allowed through other regulatory laws.
Disclosure of identity
If a debt collection agency calls a debtor directly, they are required to provide "meaningful
disclosure" of their identity. This means a debt collector cannot telephone a debtor anonymously
and provides the debtor an opportunity to communicate his or her wishes regarding the conduct of
the debt collector.
Debt collection agencies are limited in their range of conduct by statutory law. Being aware of this
law is something debt collectors may not want you to know because it empowers consumers and
debtors, possibly to the disadvantage of the debt collector.
If debtors are unaware of these laws and how a debt collection agency must conduct itself, this can
place clearer restraint on the actions, and communications of debt collectors so as not to seek out or
utilize less than savory debt collection methods.
Financial instruments
Creditors are limited by laws that protect consumers even if those consumers are late on their bills
or are sued for liability compensation. Examples of these laws are state statutes of limitations, and
federal credit protection laws such as the Consumer Credit Protection Act.
Despite consumer protection from creditors, these laws do not necessarily protect individuals from
liens or seizing of assets by the Internal Revenue Service (IRS) or from specific court rulings.
Having said that, several types of financial instruments and accounts protect consumers from
creditors allowing an opportunity to keep retirement savings safe from difficult financial situations.
Another term closely linked to creditor protection is asset protection planning. This concept, and its
relevance to creditor protection is discussed below.
Homesteads
Homesteads are a type of property rather than a financial instrument, but they can also provide

11. financial safety from creditors. Moreover, in some cases, the homestead exemption provides asset
protection for land 160 acres or less in size. Not all states allow homestead exemptions, so be sure
to verify the applicable law before purchasing a homestead for the purpose of financial protection.
Insurance
Attorneys at Law Unrah, Turner, Burke and Frees appeal to cost effective insurance solutions to
asset protection. Namely, auto, and homeowners insurance are able to protect assets from liability
lawsuits for less than asset protection insurance and in terms of creditor claims, term life insurance
also provides more cost effective financial security. However, it is probably a good idea to keep in
mind life insurance financial protection is limited. For example, although Title 11 of the U.S. Code
does protect assets from creditors, the focus is beneficiaries or dependents and not owners.
Trusts
Trusts are a type of legal entity used in estate planning and are often considered financial
instruments used to protect assets. Cornell University Law School describes Trusts as right to
property via a fiduciary relationship i.e. not ownership but retention of rights of ownership. Several
types of trusts exist, and an irrevocable asset protection trust combined with a limited liability
corporation provides enhanced asset protection. Several kinds of Trusts can be used for protection
according to the Law Office of Janet Brewer. Moreover, of those discussed are Qualified personal
residence trusts, irrevocable life insurance trusts and inter-vivos qualified terminable interest
property trusts.
IRAs
Individual Retirement Accounts or IRAs are another financial instrument that protect consumers
from creditors. However, according to the New York Times, in the event of bankruptcy, funds in an
IRA are only protected up to one million dollars with the exception of rollovers from corporate
retirement plans. Deborah L. Jacobs of the New York Times also refers to difference in state law
exemption amounts for non-bankruptcy lawsuit protection. In other words, how much monetary
protection provided by an IRA varies between states for creditor claims not associated with a
bankruptcy filing.
Pensions
Defined contribution plans such as 401(k)s and 403(b)s are protected by the Employee Retirement
Income Security Act (ERISA). However, these types of accounts are not necessarily protected
against Qualified Domestic Relations Orders (QDROs), which are judicial claims against retirement
assets during events such as divorce proceedings. Moreover, according to Kelly Greene of the Wall
Street Journal a kind of 401(k) called the Solo 401(k) is not protected from creditors in every states.
Conclusion
Without corporate regulations that protect consumers, the public would be at the financial mercy of
commercial honesty. Since such an honor code is not universal within business, the need for

12. consumer protections exists. Numerous legislative acts and administrative regulations help ensure
that proper business practices do not include fraudulent behavior, but do not guarantee such acts
will not occur. It is for this reason that consumer awareness is a last line of defense before
unscrupulous profiteering or ill-gotten gains victimize an unsuspecting public.
If the implementation and enforcement of regulatory controls are not carried out effectively, then
statutory laws designed to protect consumers are more likely to be somewhat impotent in
completing their task. This is amplified when legislators and regulatory administrators relax
consumer protection standards.
In addition to loosening of legal restrictions, new ways of scheming against consumers often
increase at a faster rate than the ability of law enforcement officials, consumer watchdogs and
technological security to keep up. Criminal minds that are innovative enough to overcome existing
rules have a way with which to take advantage of innocent people.
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13. Consumer Protection Challenges; May 2014
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35. “Bloomberg”; Forex-Rigging Fines Could Hit $41 Billion Globally: Citi; Richard Partington ; October 20, 2014
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Disclaimer: The content in this newsletter is for informational purposes only, and does not constitute financial planning
or any other kind of advice, and should not be construed as such. Any opinions or statements expressed by cited third
parties do not necessarily reflect those of Moneycation™. All information within this newsletter is to be used or not
used at the sole discretion of the reader and its authenticity and accuracy are not guaranteed. The author of this
newsletter assumes no liability for actions, decisions or events relating in any way to this newsletter's content.
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