As we have been reporting since 2013, the Consumer Financial Protection Bureau’s attacks on what it considers discriminatory and subjective dealer pricing of finance rates should be seen as nothing less than an outright attempt to reshape the auto finance industry. These regulatory actions have continued in earnest through the present, as we’ve discussed
New York Announces Sweeping New Regulation of the Debt Collection Industry
On Wednesday, December 3, 2014, New York Governor, Andrew Cuomo, announced new regulations aimed at “protect[ing] consumers against abusive and deceptive debt collection practices.” The press release issued by Governor Cuomo can be found here.
These regulations come from the New York Department of Financial Services and were first proposed in July 2013 and
Honda Becomes Latest CFPB Indirect Lending Target
The lending arm of Honda Motor Co., America Honda Finance Corp., has just revealed in a recent public filing that the U.S. Department of Justice and the Consumer Financial Protection Bureau have authorized an enforcement action against the company for violations of law arising out of its indirect lending practices. Honda stated that the CFPB
State AGs Urge CFPB to Take Immediate Action to Crack Down on Consumer Arbitration Clauses
A group of 16 state attorneys general recently wrote Richard Cordray, head of the Consumer Financial Protection Bureau, a letter encouraging the CFPB to take immediate action to crack down on pre-dispute mandatory arbitration clauses in consumer agreements for financial products or services. Specifically, while acknowledging that additional actions may be necessary to “fully address
Challenges to Disparate Impact May be Gaining Steam
One of the most controversial and significant federal regulatory initiatives in consumer finance is the view of the Consumer Financial Protection Bureau that credit discrimination can be proven by statistical disparities.
We previously reported here on the U.S. Supreme Court’s decision to hear a disparate impact case in Texas Department of Housing & Community Affairs
Recent Settlement Shows That Consumer-Reporting and Debt-Collection Procedures are Top Priorities for CFPB
An $8 million settlement announced November 19, 2014, between the Consumer Financial Protection Bureau (CFPB) and the nation’s largest “buy here pay here” auto dealer represents yet another warning coming out of Washington, D.C. that:
1. Compliance with the requirements of the Fair Credit Reporting Act (FCRA) when businesses furnish credit information to consumer reporting
Fourth Circuit Rules Debt Collector Violated “Call Charged” Section of TCPA for Using an ATDS to Call a Residential Landline
Earlier this month, the Fourth Circuit issued an unpublished opinion holding a debt collector’s autodialed calls to a residential landline with VoIP service violated the Telephone Consumer Protection Act due to the fact that the consumer was charged for each call.
In Lynn v. Monarch Recovery Management, Inc., No. 13-2358, 2014 U.S. App. LEXIS
House Financial Services Head Criticizes Proposed CFPB Auto Finance Regulation
House Financial Services Committee Chairman Rep. Jeb Hensarling (R-Texas) recently sent a letter to CFPB Director Richard Cordray expressing concern about the Bureau’s proposed regulation of nonbank auto lenders.
According to Hensarling, it would be “inappropriate” for the agency to regulate nonbank auto lenders until it clarifies the “rules of the road.” The letter echoes
Supreme Court Agrees to Hear Challenge to Disparate Impact
On October 2, the Supreme Court granted cert in a new Fair Housing Act disparate impact case, Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., No. 13-1371. The case takes aim at the viability of a concept at the heart of recent regulatory efforts in the auto finance space
U.S. Supreme Court Invites Solicitor General to File Comment on Pending Spokeo Appeal
The United States Supreme Court today issued an order inviting the U.S. Solicitor General to file a brief on the pending cert petition filed in Spokeo, Inc. v. Robins, which is on appeal from the Ninth Circuit. The issue in Spokeo is whether Congress may confer Article III standing upon a plaintiff who suffers