On January 31, the FDIC publicly announced its order for a bank in Sandy, Utah, to pay a civil money penalty of $650,000 due to allegations of deceptive acts and unfair practices. The bank allegedly violated Section 5 of the FTC Act by: (i) not disclosing personal guarantor liability for corporate representatives applying for commercial credit on behalf of their businesses; (ii) charging certain customers fees than the amounts the banks disclosed; (iii) failing to disclose a returned payment fee to certain consumers; and (iv) charging duplicate monthly fees to certain consumers. The bank neither admitted nor denied these findings. The order prohibits the bank from seeking or accepting indemnification for the penalty.
