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In particular, the Bureau solicits comment on whether an alternative requirement would better target the potential consumer injury from the lender's underwriting failure; for example, whether the Bureau should require lenders to cease all collections activities on delinquent or defaulted loans that are in a portfolio with a portfolio default rate exceeding 5 percent.
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A lender may add the amount of one late fee or one returned item fee to the original amount of a payment transfer authorized by the consumer pursuant to this paragraph (c) only if the consumer authorizes the lender to initiate transfers that include such an additional amount.
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EFTA and its implementing regulation, Regulation E, prohibit the conditioning of credit on an authorization for a preauthorized recurring electronic fund transfer.
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