As we previously discussed here, on September 18 the Consumer Financial Protection Bureau conducted a field hearing in Indianapolis. Aside from opening remarks from CFPB Director Richard Cordray himself, the hearing also consisted of a panel discussion of industry participants (including representatives from the NADA, the Consumer Bankers’ Association, and the American Financial Services
Fair Lending
Special CFPB Supervisory Report Reflects Continuing Agenda to Reform Indirect Auto Lending Industry
The Consumer Financial Protection Bureau, through its announcement on September 17 of the “larger participant” rule for auto lenders, has made clear that it intends to tighten its regulatory grip on the auto lending industry in the United States. In a separate special “Supervisory Highlights” report, also issued on September 17,…
Cordray to Speak at CFPB’s Auto Finance Field Hearing on September 18
The CFPB recently announced via blog post that it will hold a “field hearing” on auto finance in Indianapolis on September 18 at 11:00AM. The announcement indicates that additional details will follow, but that the hearing will include remarks from CFPB Director Richard Cordray, and that consumer groups, industry representatives, and the public are invited…
Potential Expansion of HMDA Reporting Requirements
The Consumer Financial Protection Bureau has published proposed changes to Regulation C, which implements the Home Mortgage Disclosure Act (HMDA). The HMDA was enacted by Congress in 1975, and on July 21, 2011, the rule-writing authority of Regulation C was transferred to the CFPB. HMDA requires covered depository and nondepository institutions to collect and publicly…
CFPB to Issue White Paper Regarding Identification of Discrimination in Indirect Auto Lending
The Consumer Financial Protection Bureau’s 2013 bulletin cautioning lenders offering auto loans through dealerships that they remain accountable for complying with fair lending laws has sparked questions regarding how the CFPB identifies problematic discriminatory practices. In an effort to address these concerns, CFPB Director Cordray reported during the House Financial Services Committee’s hearing on the…
CFPB Director Cordray Praises Auto Lender’s Move to Flat Fee Dealer Markup
Last week, Richard Cordray, the Director of the Consumer Financial Protection Bureau, issued a statement praising BMO Harris Bank and its decision to compensate auto dealers for originating indirect auto loans based on a non-negotiable percentage of the loan amount. Director Cordray stated, “It is encouraging to see BMO Harris taking this proactive step to…
House Financial Services Committee Turns Up the Heat on Investigation into CFPB Disparate Impact Methodology
Democrats and Republicans in Congress can rarely reach agreement on anything these days, but one bipartisan effort that continues to gain steam is their repeated attempts to learn the methodology by which the Consumer Financial Protection Bureau (“CFPB”) and other federal regulators investigate auto lenders for purported fair lending violations. In a letter dated March…
NADA Issues Guidance to Members on Dealer Reserve and Fair Lending Compliance
The National Association of Automobile Dealers (NADA) issued a comprehensive manual in late January that includes detailed recommendations to dealers related to dealer reserve and fair lending compliance, in an attempt to assist members with compliance with the Consumer Financial Protection Bureau’s (CFPB) bulletin addressing indirect auto lending and the Equal Credit Opportunity Act (ECOA).…
Federal Efforts to Reform Auto Lending Based on “Disparate Impact” Theory Gain Steam
Few U.S. Supreme Court consumer protection cases over the past year were as closely watched and anxiously anticipated as Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Scheduled for oral argument on December 4, with a decision anticipated sometime in mid-2014, the housing discrimination case drew attention from cautious onlookers from many…