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Tag Archives: CFPB

Senator Perdue renews attempt to change CFPB funding

Posted in CFPB General

Republican Senator David Perdue has introduced a bill, S.1383 entitled the ‘‘Consumer Financial Protection Bureau Accountability Act of 2015,” that would make the CFPB subject to the congressional appropriations process.  Currently, pursuant to Dodd-Frank, the CFPB is entitled to receive automatic annual funding through transfers from the Fed that are capped at a fixed percentage… More >

U.S. Dept. of Education proposes new restrictions on campus financial products

Posted in Campus Financial Products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance funds to students.  Credit balances result when the amount of Title IV HEA program funds credited to a student’s account exceeds the… More >

FDIC to hold teleconference on CFPB mortgage rules

Posted in Mortgages

The FDIC’s Division of Depositor and Consumer Protection will hold a teleconference on May 21, 2015 on implementation of the CFPB’s mortgage rules.  FDIC staff will share observations made by FDIC examiners during initial examinations since the rules became effective in January 2014.  In addition, FDIC staff will highlight a number of practices currently used… More >

Democrats release alternative regulatory relief bill

Posted in Mortgages, Privacy

Democrats on the Senate Banking Committee have released a regulatory relief bill intended to be an alternative to the bill released by Senator Richard Shelby.  While Senator Shelby’s bill is entitled the “Financial Regulatory Improvement Act of 2015,” the alternative bill is entitled the “Community Financial Institution Regulatory Relief and Consumer Protection Act of 2015.” The… More >

CFPB launches financial coaching initiative

Posted in Financial Literacy

The CFPB has announced the launch of its Financial Coaching Initiative which targets recently-transitioned veterans and economically vulnerable consumers. (The CFPB first announced its plans for launching the program in 2013, at which time it was expecting a 2014 launch date.) The CFPB is calling the Financial Coaching Initiative its first program paid for by… More >

Shelby regulatory relief bill would create GLBA annual privacy notice exception

Posted in Privacy

In addition to the numerous mortgage-related provisions in Senator Shelby’s regulatory reform bill entitled the “Financial Regulatory Improvement Act of 2015,” the bill contains a provision directed at the annual financial privacy notice required by the Gramm-Leach-Bliley Act (GLBA), which is implemented by Regulation P.  In October 2014, a CFPB amendment to Regulation P became effective that… More >

CFPB Holds a Field Hearing on Student Loan Servicing Issues

Posted in Student Loans

On May 14th, the same day that the CFPB launched a public inquiry into student loan servicing loan practices (the “Request for Information”), the CFPB held a public field hearing in Milwaukee, Wisconsin to address issues with the student loan servicing industry. After a brief introduction by Zixta Martinez, Assistant Director of Community Affairs for… More >

CFPB issues request for information regarding student loan servicing and re-launches its “Repay Student Debt” tool

Posted in Student Loans

Consistent with its continued focus on student lending, the CFPB issued a new request for information regarding student loan servicing. The request for information seeks input from the public regarding all aspects of student loan servicing, including industry practices that may create repayment challenges or hurdles for distressed borrowers, and the economic incentives that may affect… More >

CFPB extends comment period on credit card issues

Posted in Credit Cards

In March 2015, the CFPB issued a request for information on 12 topics relating to the credit card market.  The request set a due date of May 18, 2015 for comments. In a notice published in yesterday’s Federal Register, the CFPB has extended the comment period for four of the topics until June 17, 2015. … More >

Does Director Cordray fully appreciate the implications of the TRID rule?

Posted in Mortgages

Statements made by CFPB Director Cordray to the National Association of Realtors on May 12, 2015 suggest that the Director may not fully appreciate the implications of the TILA/RESPA Integrated Disclosure (TRID) rule that is scheduled to become effective August 1, 2015. The TRID rule requires that the combined consummation disclosure, which is called the… More >

CFPB issues compliance bulletin on unlawful discrimination based on receipt of mortgage assistance

Posted in Fair Credit, Mortgages

In a new compliance bulletin (Bulletin 2015-02), the CFPB “reminds” creditors of their obligation not to discriminate against applicants because their income includes vouchers from the Section 8 Housing Choice Voucher (HCV) Homeownership program.  The CFPB states in the bulletin that it “has become aware of one or more institutions excluding or refusing to consider… More >

CFPB files complaint against companies offering mortgage payment program

Posted in CFPB Enforcement, Mortgages

In a complaint filed yesterday in a California federal court, the CFPB alleges that two related companies offering a biweekly mortgage payment program and their individual owner engaged in deceptive telemarketing acts or practices that violated the Telemarketing Sales Rule and abusive and deceptive acts or practices that violated the Consumer Financial Protection Act.  The complaint seeks… More >

House to hold May 14 hearing on TILA-RESPA integrated disclosures

Posted in Mortgages

On May 14, 2015, the House Financial Services Committee’s Subcommittee on Housing and Insurance will hold a hearing on “TILA-RESPA Integrated Disclosure: Examining the Costs and Benefits of Changes to the Real Estate Settlement Process.” While the witnesses have not yet been announced, it is likely that the hearing will feature a renewed call from subcommittee… More >

Bipartisan House bill introduced to create temporary safe harbor from enforcement of TILA-RESPA integrated disclosure rule

Posted in Mortgages

Republican Congressman Steve Pearce and Democratic Congressman Brad Sherman have introduced a bill in the House of Representatives (H.R. 2213) that would provide lenders with a temporary safe harbor from enforcement of the TILA-RESPA integrated disclosure (TRID) rule which is set to take effect on August 1, 2015. The bill provides that the TRID rule… More >

US Hispanic Chamber of Commerce and CFSA to hold May 13 summit on CFPB short-term lending rulemaking

Posted in Payday Lending

On May 13, 2015, the United States Hispanic Chamber of Commerce (USHCC) and the Community Financial Services Association of America (CFSA) will host a policy and research summit in Washington, D.C. on “Consumer Credit Under Assault: Does the Data Support the Rhetoric?” At the summit, there will be a discussion of the CFPB’s recent contemplated… More >

CFPB Issues Study on Credit Reports; Next Steps are Unknown

Posted in Credit Reports, Fair Lending, Research

The CFPB recently released a report that documents the results of a research project undertaken by the CFPB’s Office of Research to better understand the demographic characteristics of consumers without traditional credit reports or credit scores.  The Report concludes that the current credit reporting system is precluding certain populations from accessing credit and taking advantage… More >

Federal agencies issue final rule on standards for appraisal management companies

Posted in CFPB General, CFPB Rulemaking, Federal Agencies

The CFPB along with five other federal agencies have issued a final rule that establishes minimum state registration and substantive requirements for appraisal management companies (AMCs), as required by Section 1473 of the Dodd-Frank Act.  AMCs that are a subsidiary of an insured depository institution and are federally regulated (federally regulated AMCs) are subject to… More >

CFPB Announces Final Diversity Standards under Dodd-Frank Section 342 Are Completed

Posted in Diversity and Inclusion

 On April 29, 2014, the Office of Minority and Women Inclusion (OMWI) of the Consumer Financial Protection Bureau (CFPB or Bureau) released its third Annual Report for 2014, as mandated by section 342(e) of the Dodd-Frank Act (Act). In the Report, CFPB stated that six agencies under Dodd-Frank have completed the final diversity policy statement,… More >

Suit Challenging Constitutionality of CFPB Fails for Lack-of-Standing and Other Procedural Defects, D.C. Circuit Holds; Morgan Drexen files for Bankruptcy

Posted in CFPB General

Last week, in Morgan Drexen, Inc. v. Consumer Financial Protection Bureau, a divided panel of the D.C. Circuit Court of Appeals affirmed the dismissal of an action challenging the constitutionality of the CFPB.  The court did not reach the merits of the constitutional challenge, but rather held that the district court properly dismissed the case for… More >

Report from SBREFA Panel on Payday, Title and Installment Loans

Posted in Payday Lending, Vehicle Loans

Yesterday, I had the opportunity to participate as an advisor to a small entity representative (“SER”) at the small business review panel on payday, title and installment loans.  (Jeremy Rosenblum has four posts—here, here, here and here—that analyze the rules being reviewed in detail.)  The meeting was held in the Treasury Building’s Cash Room, an impressive, marble-walled room… More >

CFPB settles first overdraft opt-in rule enforcement action

Posted in CFPB Enforcement, Overdrafts

The CFPB announced yesterday that it had reached a settlement with Regions Bank regarding claims that the bank unlawfully charged overdraft fees to customers who had not opted-in for overdraft coverage.  The matter is the CFPB’s first enforcement action under the Regulation E rule that prohibits depository institutions from charging overdraft fees on ATM and… More >

CFPB issues 2014 fair lending report

Posted in Fair Lending

The CFPB has issued a fair lending report covering its fair lending activities during 2014.  The report states that in 2014, CFPB fair lending supervisory and public enforcement actions required institutions to provide approximately $224 million in remediation. The report begins with a discussion of factors the CFPB considers in its risk-based prioritization approach for determining… More >