Consumer Protection Laws Checklist (TCPA, RESPA, etc.)
Navigate the complex world of real estate compliance! Our Consumer Protection Laws Checklist (TCPA, RESPA, etc.) ensures you're fully protected - avoid costly fines & keep your business thriving. Download now & stay compliant!
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Telephone Consumer Protection Act (TCPA)
Ensures consumers are not subjected to unwanted telemarketing calls and faxes. Covers consent, dialing practices, and disclosures.
Obtain Prior Express Consent for Telemarketing Calls?
Do you utilize an Automated Telephone Dialing System (ATDS)?
Describe Consent Acquisition Process (e.g., website, script, verbal agreement)
Estimated Average Number of Telemarketing Calls Made Per Day:
Types of Marketing Calls Made (Select all that apply):
Date of Last TCPA Compliance Training for Employees:
Do you provide required TCPA disclosures in calls and messages?
Real Estate Settlement Procedures Act (RESPA)
Regulates real estate settlement processes, including disclosures related to loan costs and prohibited referral fees.
Are you providing a settlement service?
Do you receive any referral fees?
Describe any referral fee arrangements. Include parties involved, services provided, and compensation.
Last date of RESPA compliance training for all employees.
Number of RESPA-related complaints received in the last year.
Are you providing title services?
Are you providing settlement brokerage services?
Describe processes in place to ensure timely and accurate disclosure of Loan Estimate (LE) and Closing Disclosure (CD).
Fair Housing Act (FHA)
Prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, and disability.
Are you trained on Fair Housing Act requirements?
Describe your company's Fair Housing policy (including advertising and marketing practices)
How do you ensure advertising isn't discriminatory?
Which of the following are explicitly prohibited by the Fair Housing Act?
Date of last Fair Housing training for all personnel
Describe any instances of Fair Housing complaints received in the past three years and resolution details.
Do you have a process for handling Fair Housing complaints?
Contact person for Fair Housing inquiries:
Truth in Lending Act (TILA) / Regulation Z
Requires lenders to clearly disclose the terms and costs of credit, including mortgage loans. Often used in conjunction with RESPA.
Is the Annual Percentage Rate (APR) clearly and conspicuously disclosed?
What is the Finance Charge?
What is the Amount Financed?
What is the Total of Payments?
Date of Initial Disclosure (7/26 or later)
Describe any adjustments made to APR or Finance Charge after initial disclosure and why. (Required if adjustments occur)
Was a seven-day waiting period observed before consummation (where required)?
Summarize borrower acknowledgement of receipt of disclosures.
Fair Credit Reporting Act (FCRA)
Regulates the collection, use, and dissemination of consumer credit information.
Do you obtain consumer reports (credit reports, background checks, etc.) for rental or purchase applicants?
Describe the permissible purpose(s) for which you use consumer reports. (e.g., credit underwriting, background checks)
Do you provide applicants with a copy of the 'Adverse Action' notice when denied credit or housing based on information in a consumer report?
Summarize your procedures for providing adverse action notices, including timing and content required by FCRA.
Do you have procedures in place to address consumer disputes regarding the accuracy or completeness of information in a consumer report?
Describe your dispute resolution process, including timelines and communication methods.
Do you certify to consumer reporting agencies that you have a permissible purpose to access consumer reports?
Equal Credit Opportunity Act (ECOA)
Prohibits discrimination in credit transactions based on protected characteristics.
Is a written application used for credit requests?
Describe your institution’s process for handling inquiries about credit decisions.
Are denials explained in writing to applicants?
Summarize the training provided to employees regarding ECOA compliance.
Are applicants permitted to obtain copies of their credit application?
Number of ECOA complaints received in the last 12 months:
Date of last ECOA compliance review:
Servicemembers Civil Relief Act (SCRA)
Provides protections for military personnel regarding financial obligations, including mortgages and leases.
Does the transaction involve a Servicemember or their spouse?
Date of Servicemember's Active Duty Status (Start Date)
Date of Transaction (e.g., Loan Origination, Lease Signing)
Interest Rate (Original Contract)
Interest Rate (SCRA-Adjusted Rate, if applicable)
Description of Transaction (e.g., Mortgage, Lease, Foreclosure)
Was written notice of SCRA protections provided to the Servicemember or spouse?
Attach copy of written notice provided (if applicable)
Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank)
A comprehensive financial reform law containing various consumer protection provisions, including those related to mortgages and lending.
Does the lending entity have a written compliance manual for Dodd-Frank regulations?
Is the entity subject to the Consumer Financial Protection Bureau’s (CFPB) supervision?
Number of staff trained on Dodd-Frank compliance annually?
Describe the procedures for verifying a borrower's ability to repay a mortgage (ATR)
Are adverse action notices compliant with Dodd-Frank requirements?
Date of last Dodd-Frank compliance review
Upload copy of most recent Compliance Audit Report
State-Specific Real Estate Laws
Review and adhere to consumer protection laws specific to the state(s) where real estate business is conducted. (e.g., state-level Fair Housing laws, disclosure requirements).
State-Specific Disclosure Laws Compliance
Summary of State-Specific Agency Disclosures
Number of Agency Disclosure Forms Distributed Last Year
State Real Estate Commission Reporting Requirements
Last Review Date of State-Specific Forms
Documentation of State-Specific Continuing Education on Real Estate Law
Compliance with State-Specific Escrow Account Regulations
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