UDAAP Final Quiz

1.

Which of the following would NOT be used to consider if an act or practice is unfair?
- A.
  
  It causes substantial injury
- B.
  
  It is not outweighed by the benefits
- C.
  
  It hurts someone's feelings
- D.
  
  It is not reasonably avoidable
Correct Answer
C. It hurts someone's feelings

Explanation
The standard for unfairness is that an act or practice is unfair when:

(1) It causes or is likely to cause substantial injury to consumers

(2) The injury is not reasonably avoidable by consumers

(3) The injury is not outweighed by countervailing benefits to consumers or to competition

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2.

UDAAP stand for: Unfair, Discrimintory Actions, Acts or Practices
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
UDAAP Stands for: Unfair, Deceptive, or Abusive, Acts or Practices.

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3.

UDAAP is part of which of the following legislations:
- A.
  
  Obama Care 2011
- B.
  
  RESPA
- C.
  
  Dodd-Frank Act
- D.
  
  Americans with Disability Act
- E.
  
  Not part of federal legislation but required by CFPB
Correct Answer
C. Dodd-Frank Act

Explanation
Under the Dodd-Frank Act, it is unlawful for any provider of consumer financial products or services or a service provider to engage in any unfair, deceptive or abusive act or practice.The Act also provides CFPB with rule-making authority and, with respect to entities within its jurisdiction, enforcement authority to prevent unfair, deceptive, or abusive acts or practices in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service In addition, CFPB has supervisory authority for detecting and assessing risks to consumers and to markets for consumer financial products and services.

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4.

To be considered deceptive, an act or practice must have all of the following: -Representation, practice or omission that is likely to mislead -Reasonable consumer perspective considered -A material representation
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
A representation, omission, act or practice is deceptive when:
(1)The representation, omission, act, or practice misleads or is likely to mislead the consumer
(2) The consumer’s interpretation of the representation, omission, act, or practice is reasonable under the circumstances
(3) The misleading representation, omission, act, or practice is material

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5.

Which of the following questions is not part of the "four Ps" that can assist in the evaluation of whether a representation, omission, act, or practice is likely to mislead:
- A.
  
  Is the statement PROMINENT enough for the consumer to notice?
- B.
  
  Is the information PRESENTED in an easy-to-understand format that does not contradict other information in the package and at a time when the consumer’s attention is not distracted elsewhere?
- C.
  
  Is the PLACEMENT of the information in a location where consumers can be expected to look or hear?
- D.
  
  Is the information in close PROXIMINTY to the claim it qualifies?
- E.
  
  Is the notice PRETTY?
Correct Answer
E. Is the notice PRETTY?

Explanation
A representation, omission, act or practice only needs to be LIKELY TO MISLEAD to be a UDAAP. All of the above help evaluate whether a UDAAP is present except 'pretty'.

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6.

Consumer complaints play a key role in the detection of unfair, deceptive, or abusive practices.
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
Consumer complaints have been an essential source of information for examinations, enforcement, and rule-making for regulators.
Indicate weaknesses in elements of the institution’s compliance management system, such as training, internal controls, or monitoring.

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7.

Although abusive acts also may be unfair or deceptive, the legal standards for abusive, unfair, and deceptive each are separate.
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
The statement is true because while abusive acts can also be unfair or deceptive, the legal standards for each of these terms are distinct and separate. This means that an act can be considered abusive without necessarily being unfair or deceptive, and vice versa. It is important to recognize and address each of these types of behavior individually within the legal framework.

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8.

Marketing and disclosure are being checked for compliance and for the following:
- A.
  
  All representations are factually based
- B.
  
  All materials describe clearly, prominently and accurately terms of product
- C.
  
  All materials are eye-catching
- D.
  
  Disclosure of fees, penalties, other charges
Correct Answer
C. All materials are eye-catching

Explanation
Through a review of marketing materials, customer agreements, and other disclosures, whether before the consumer chooses to obtain the product or service:

All representations are factually based.

All materials describe clearly, prominently, and accurately material terms of product.

Disclosure of fees, penalties, and other charges.

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9.

NAM conducts periodic evaluations or audits to check whether employees or third parties follow NAM's training and procedures and has a disciplinary policy in place to deal with any deficiencies.
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
The given statement suggests that NAM conducts periodic evaluations or audits to ensure that employees and third parties comply with the company's training and procedures. Additionally, it states that NAM has a disciplinary policy in place to address any shortcomings. Therefore, the statement is true as it implies that NAM takes measures to monitor and enforce adherence to their training and procedures.

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10.

Performance evaluation can include criteria for sales personnel based on sales volume, size, terms of sale, or account performance.
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
Performance evaluation criteria can not create unintended incentives to engage in unfair, deceptive, or abusive acts or practices, including criteria for sales personnel based on sales volume, size, terms of sale, or account performance.

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Udaap Final Quiz

Which of the following would NOT be used to consider if an act or practice is unfair?

UDAAP stand for: Unfair, Discrimintory Actions, Acts or Practices

UDAAP is part of which of the following legislations:

To be considered deceptive, an act or practice must have all of the following: -Representation, practice or omission that is likely to mislead -Reasonable consumer perspective considered -A material representation

Which of the following questions is not part of the "four Ps" that can assist in the evaluation of whether a representation, omission, act, or practice is likely to mislead:

Consumer complaints play a key role in the detection of unfair, deceptive, or abusive practices.

Although abusive acts also may be unfair or deceptive, the legal standards for abusive, unfair, and deceptive each are separate.

Marketing and disclosure are being checked for compliance and for the following:

NAM conducts periodic evaluations or audits to check whether employees or third parties follow NAM's training and procedures and has a disciplinary policy in place to deal with any deficiencies.

Performance evaluation can include criteria for sales personnel based on sales volume, size, terms of sale, or account performance.