Enhanced Consumer Complaint Processing

Enhanced Consumer Complaint Processing: Response & Expectations

The California Department of Business Oversight (DBO) recently implemented improvements to our consumer complaint processes for complaints related to DBO-licensed finance lenders; residential mortgage lenders; escrow agents; mortgage loan originators; deferred deposit transaction originators; as well as check sellers, bill payers, and proraters. The goal of these improvements is to promote prompt and clear communication between consumers and DBO licensees. To that end, licensees must follow the steps below to respond to any current or future consumer complaints communicated to you by the DBO.

Step 1: Monitor your DBO designated email daily.

Step 2: Promptly review complaints and related documents sent to your company’s DBO designated email. (If you need more information to be able to provide a response to issues included in the complaint, please contact the consumer directly.)

Step 3: Prepare a complete response and send it directly to the consumer within fifteen (15) calendar days from receipt of the emailed complaint information, or prior to the foreclosure sale date if a sale is scheduled within fifteen days. The response to the consumer should include the following:

• All documents that are responsive to the complaint; and
• A copy of the complete account history, if the complaint involves a loan payment dispute.

Step 4: Email CRC@dbo.ca.gov a copy of the completed response to the consumer within fifteen (15) calendar days from receipt of the emailed complaint information, along with the following:

• A complete copy of the complainant’s loan or escrow file (if applicable); and
• All correspondence between your DBO-licensed company and the complainant relating to the complaint issue.

Failure to respond timely to the complainant or to provide the DBO with the above requested documentation as directed may result in an action being taken against your company pursuant to the California Financial Code.

If you have questions regarding the requirements for how to respond to consumer complaints, please contact the DBO Consumer Services Office at (866) 275-2677 or CRC@dbo.ca.gov.