Filing a Complaint of Alleged Violation of the AAPL Code of Ethics
When a complaint alleging a violation(s) of the Code of Ethics is filed with AAPL the complaint adjudication process begins. The AAPL published a Statement on AAPLs Code of Ethics and Principles Associated with its Enforcement which provides an overview of the purpose of the Ethics Advisory Committee, the Code of Ethics, and the complaint adjudication process.
When considering whether to file a complaint, please keep in mind that:
- The person filing the complaint (the “Complainant”) does not have to be an AAPL member;
- AAPL does not accept anonymous complaints;
- AAPL accepts complaints filed via mail or AAPLOnline.com only and will not accept complaints via telephone or fax;
- A copy of the complaint form, a written statement of complaint, and all supporting documentation will be provided to the individual or entity against whom the complaint is filed (hereafter referred to as “Respondent).
How to File a Complaint
You can fill out and file a Code of Ethics Violation Complaint here.
The Complaint Form for Code of Ethics Violations must be completely filled out and include the following:
- A written statement of complaint that contains the information and facts on which the complaint is based;
- Any additional documents and evidence that that corroborates and supports the allegations, if any;
- Black out any confidential information such as social security numbers, account numbers, etc.
- If a complaint containing the same allegations in this complaint was filled with another organization (Better Business Bureau, Federal Trade Commission, RipOffReport, etc.) attach copies of all related correspondence showing to whom it was submitted, date of filing, and whether/how the matter was resolved;
- Signature(s) of the individual(s) filing the complaint.
Mail the completed complaint form, written statement of complaint, and any additional document in an envelope marked CONFIDENTIAL to:
American Association of Private Lenders
7509 NW Tiffany Springs Parkway, Ste 200
Kansas City, MO 64153
How to Prepare Your Complaint
The Complainant will receive a letter acknowledging receipt of the complaint from the Executive Director. If the complaint is outside AAPLs jurisdiction, or the complaint does not have merit, it will be returned to the Complainant with a letter of explanation. If the complaint is within AAPL’s jurisdiction, the Complainant will receive a Waiver of Confidentiality Agreement that must be signed and returned to AAPL. This agreement will allow the AAPL to provide a copy of the complaint and supporting documents to the Respondent for response to the alleged violation(s).
Depending on the submission date and whether the Respondent takes advantage of the appeals process available to him/her, 2-3 months may pass before AAPL reaches its final decision.
No information about the matter will be provided to Complainants before AAPL renders its final decision.
For general questions about the complaint filing process, please contact:
What to Include in the Statement of Complaint
Facts and evidence to be provided in your statement of complaint may include, but are not limited to the following:
- Date(s) of incident(s);
- Type of loan or service
- How and when you observed/discovered the alleged violation;
- The Respondents actions, practices, and/or behavior you think were violations of the Code of Ethics;
- Descriptions and copies of any communications with other regarding this incident;
- Descriptions(s) and dates of actions taken, if any, to try to rectify the situation prior to submitting this complaint;
- Description and dates of any communications with the Respondent regarding your concerns and any responses received;
- Signed and dated witness statements;
- Copies of all other materials and evidence that corroborate and support the allegations;
- Information about facts and circumstances in your complaint that are also the subject of any complaints to other regulatory entities, or legal cause of action.
Complaints should cite each provision for the Code of Ethics that he/she believes has been violated, followed by a connection to the facts and evidence to support each allegation.
The statute of limitations to file a complaint is 12 months.
Petition for Reinstatement
Persons whose AAPL membership and certification have been revoked may petition the Ethics Committee for reinstatement at the completion of the revocation period. The Ethics Committee will review petitions for reinstatement that are fully complete and have been received no later than 30-days after the date of notice of the Ethics Committee Decision after Further Consideration was mailed to the Respondent.
The Ethics Advisory Committee and AAPL management’s deliberations are guided by the premise that reinstatement must be in the best interest of the Association and those persons who will be served professionally. The Ethics Committee and AAPL management may set any reinstatement conditions or requirements they deem necessary for the protection and benefit of the public and professions.