On September 9, the Consumer Financial Protection Bureau and the Federal Reserve Board announced increases in the dollar thresholds in Regulation Z (Truth in Lending (TILA)) and Regulation M (Consumer Leasing Act (CLA)) for exempt consumer credit and lease transactions.  According to the Federal regulators, these increases are consistent with the Dodd-Frank Act and reflect an increase in the consumer price index.  “Transactions at or below the thresholds are subject to the protections of the regulations,” the agencies said.

Based on the adjustments announced today, the protections of TILA and CLA generally will apply to consumer credit transactions and consumer leases of $54,600 or less in 2015 – an increase of $1,100 from 2014.  However, private education loans and loans secured by real property (such as mortgages) are subject to TILA regardless of the amount of the loan.

Transactions covered under the statutes, which include most consumer loans and leases, are subject to protections designed to ensure informed use of credit by consumers, requiring that lenders make certain disclosures in writing that clearly lay out certain aspects of the transaction.  These disclosures include a statement of the loan creditor, payment schedule and length, and the interest rate and fees that the loan is subject to, among other requirements.  Failure to comply with these requirements exposes lenders to the possibility of cease-and-desist action or penalties from the relevant agency, or borrowers can also sue to privately enforce the statutes.

Although the Dodd-Frank Act generally transferred rulemaking authority under TILA and CLA to the CFPB, the Federal Reserve retains authority to issue rules for certain motor vehicle dealers.  Therefore, the agencies issued the adjustments jointly.

The adjustments to the thresholds reflect the annual percentage increase in the consumer price index as of June 1, 2014, and will take effect on January 1, 2015.

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Photo of H. Scott Kelly H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

Photo of Michael E. Lacy Michael E. Lacy

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO,

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO, and state UDAP laws. He has significant experience litigating and trying corporate governance disputes, including shareholder derivative claims, corporate dissolution cases, and corporate divorce matters. Michael also represents public utility companies in litigation and regulatory matters, including condemnation and land use cases.