When survey participants were asked to what extent the QM rule would affect their business, the most frequent responses were 10.1 percent to 20 percent and 90.1 percent to 100 percent, each of which snagged 20 percent shares of the responses.
Adam Levitin, a professor at Georgetown University Law Center, is critical of efforts to align the QRM rule with the QM. “Skin in the game is meant to be a systemic stability regulation, but it has instead been pegged to a consumer protection regulation,” he said.
Bureau Extends Deadline to Apply for Industry Advisory Positions. The CFPB recently extended the application deadline for positions on its Credit Union Advisory Council and Community Bank Advisory Council until March 14, 2014. The bureau said it is looking for experts in consumer financial products or services, as well as experts in consumer protection, community development, consumer finance, fair lending and civil rights. It also wants representatives of banks that primarily serve underserved communities, as well as those from communities that have been significantly affected by higher priced mortgage loans.
Late last month, briefs were filed in the U.S. Court of Appeals for the D.C. Circuit by the appellants in State National Bank of Big Spring, Texas, et al. v. Lew, et al., a case which includes a lingering challenge to the CFPB's constitutionality. The private appellants in the case are State National Bank of Big Spring, and two DC area non-profit organizations, the 60 Plus Association and The Competitive Enterprise Institute. Originally, they challenged the constitutionality of CFPB Director Richard Cordray's recess appointment, while also asserting that the bureau’s structure and authority were in violation of the Constitution's separation of powers.
The Dodd-Frank Wall Street Reform and Consumer Protection Act is proving to be a burden to small banks throughout the country and threatens to cut off a variety of product offerings for many of the borrowers they serve, according to a new study by George Mason University's Mercatus Center. "Our initial analysis suggests that Dodd-Frank is having significant effects on small banks and their customers. A large majority of small banks view Dodd-Frank as more burdensome than the Bank Secrecy Act, a regulatory regime that banks widely regard as very burdensome," said the study, which was prepared by a trio of academics, including senior research fellow Hester Peirce, former senior counsel to Sen. Richard Shelby, R-AL, on the Senate Banking, Housing and Urban Affairs Committee.
Republicans on the House Financial Services Committee recently tried to take a page out of the CFPB's playbook by setting up a page on their website to solicit industry complaints about the bureau. But now supporters of the consumer regulator are launching a publicity campaign to use it to drum up more visible public support. Leading the charge is Americans for Financial Reform, a coalition of consumer, civic and community groups, which put out a public call for people to speak out on why a "tough and effective watchdog" standing up for the public interest is needed in the consumer financial marketplace. "The House Committee on Financial Services majority is asking individuals and businesses to weigh in with stories about how the CFPB is hurting the public, arguing once again -- without any evidence --
The Republican-controlled House of Representatives, with the help of 10 renegade Democrats, voted last week to scale back some of the power and independence of the CFPB. As previously reported, H.R. 3193, the Consumer Financial Freedom and Washington Accountability Act, sponsored by Rep. Sean Duffy, R-WI, would replace the single CFPB director with a five-member, bipartisan commission appointed by the president and confirmed by the Senate. The goal here is "to ensure that a diversity of viewpoints informs the CFPB's regulatory and enforcement agenda, and to conform the CFPB's governance to that of other federal agencies charged with consumer or investor protection," according to the GOP contingent on the House Financial Services Committee.