On July 15, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray provided insightful testimony on a number of subjects in an appearance before the Senate Banking Committee. During the question-and-answer session, Cordray indicated that the CFPB will be revisiting the income-verification standards of the Ability-to-Repay Rule at some point in the near term. He commented that he was “increasingly aware of and concerned about” the ability of seasonal, temporary, or self-employed workers to be denied credit opportunities on account of documentation requirements.  He added:

We need to look again at our mortgage rules in light of that. It’s not an easy thing to figure out how to handle, but it’s something we need to go back and think more about.

Cordray further indicated that the CFPB and its sister regulators would be “diagnostic and corrective” in the early stages of the TILA-RESPA integration of mortgage disclosures:

And so for the first period, which may last many months, the other agencies and ourselves as we work on this, if we see errors, we will point out what they are and how they should be corrected. We will not be looking to be punitive to people.

Finally, Director Cordray commented that the credit card market is “considerably better” than 10 years ago, noting improvements in customer service, fees charged, and add-on products.

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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.