4/29/13

A SARBOX protected act; CFPB_Ombudsman@cfpb.gov to: hartzmancpe@gmail.com date: Thu, Mar 29, 2012 at 3:41 PM


subject: RE: Wells Fargo mailed-by: cfpb.gov

Mr. Hartzman:

To follow our discussion today -- as per your request, I will refer this matter to the CFPB Whistleblower Office for their review, as appropriate.

Thank you,

CFPB Ombudsman's Office
Tel: 202 435 7880 (Main Number) 1-855-830-7880 (Toll Free)
Fax: 202 435 7888 consumerfinance.gov
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"Consumer Financial Protection Act of 2010 (CFPA),
Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, 12 U.S.C.A. §5567

§1057. EMPLOYEE PROTECTION.

(a) In General - No covered person or service provider shall terminate or in any other way discriminate against, or cause to be terminated or discriminated against, any covered employee or any authorized representative of covered employees by reason of the fact that such employee or representative, whether at the initiative of the employee or in the ordinary course of the duties of the employee (or any person acting pursuant to a request of the employee), has - (1) provided, caused to be provided, or is about to provide or cause to be provided, information to the employer, the Bureau, or any other State, local, or Federal, government authority or law enforcement agency relating to any violation of, or any act or omission that the employee reasonably believes to be a violation of, any provision of this title or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau;

(2) testified or will testify in any proceeding resulting from the administration or enforcement of any provision of this title or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau;

(3) filed, instituted, or caused to be filed or instituted any proceeding under any Federal consumer financial law; or (4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the Bureau.

(b) Definition of Covered Employee - For the purposes of this section, the term 'covered employee' means any individual performing tasks related to the offering or provision of a consumer financial product or service.

(C) EVIDENTIARY STANDARDS- The Secretary of Labor may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior.
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I believe the Consumer Financial Protection Act of 2010 applies to Envision.

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