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Ethics & Fraudmedium18% of exam

A manager wants to email a spreadsheet of applicants’ credit scores to a consultant hired to review the branch’s pull-through rate. The consultant is a separate company. What must be checked first?

Correct Answer

A) Follow privacy limits before sharing nonpublic personal information

Why this is correct: The legal duty arises from Regulation P (12 CFR Part 1016), which implements the GLBA. A request for borrower bank statements from an outside party triggers privacy safeguards. The MLO must first ensure any sharing of this nonpublic personal information complies with the institution's privacy notice and the law's limits. Therefore, the manager must instruct the team to follow privacy limits before sharing. Why the other choices are wrong: "Treat the compliance requirement as optional because closing is near" is wrong because privacy violations are serious and not excused by timing. "Continue processing without correcting the disclosure, licensing, compensation, or consumer-protection issue" is wrong as it advocates for ignoring a known compliance breach across multiple areas, including the critical privacy issue. "Ignore the issue if the borrower orally agrees to continue" is wrong because oral agreement does not satisfy the specific opt-out or consent requirements under privacy regulations for sharing NPI with non-affiliated third parties. Exam tip: In a chain of command, the manager's role is to enforce compliance. The correct answer is always the one that upholds the specific legal requirement.

Answer Options
A
Follow privacy limits before sharing nonpublic personal information
B
Treat the compliance requirement as optional because closing is near.
C
Continue processing without correcting the disclosure, licensing, compensation, or consumer-protection issue.
D
Ignore the issue if the borrower orally agrees to continue.

Why This Is the Correct Answer

The correct response is "Follow privacy limits before sharing nonpublic personal information". Borrower nonpublic personal information is subject to privacy notices and sharing limits.

Why the Other Options Are Wrong

Option B: Treat the compliance requirement as optional because closing is near.

Treat the compliance requirement as optional because closing is near. is not correct because the governing rule requires the compliant answer shown in the explanation.

Option C: Continue processing without correcting the disclosure, licensing, compensation, or consumer-protection issue.

Continue processing without correcting the disclosure, licensing, compensation, or consumer-protection issue. is not correct because the governing rule requires the compliant answer shown in the explanation.

Option D: Ignore the issue if the borrower orally agrees to continue.

Ignore the issue if the borrower orally agrees to continue. is not correct because the governing rule requires the compliant answer shown in the explanation.

Memory Technique

Outside party plus borrower data means pause and verify authority.

Exam Tip

Outside party plus borrower data means pause and verify authority.

Common Mistakes to Avoid

  • -Closing a loan does not remove privacy duties for borrower information.
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