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Home » Topics » Regulation » Non-Mortgage Regulation

Non-Mortgage Regulation
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Bank ABS Holdings Drop Sharply in Early 2014 As Most of the Top Tier of Investors Pull Back

June 27, 2014
Commercial banks and thrifts held $172.6 billion of non-mortgage ABS as of the end of the first quarter, a 10.2 percent drop from December 2013, according to a new Inside MBS & ABS analysis of call report data. The industry’s top ABS investor, TD Bank, increased...[Includes one data chart]
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CFPB Hits GE Capital Retail Bank With Record Credit Card Fine

June 23, 2014
Last week, the CFPB ordered GE Capital Retail Bank – a financial institution in New Jersey now known as Synchrony Bank – to provide approximately $225 million in relief to consumers harmed by alleged illegal and discriminatory credit card practices. Under the terms of a consent order brought by the bureau, GE Capital is required to refund $56 million to approximately 638,000 consumers who were subjected to allegedly deceptive marketing practices. As part of the joint enforcement action by the CFPB and Department of Justice, GE Capital must also provide an additional $169 million to about 108,000 borrowers excluded from debt relief offers because of their national origin. The consent order represents the federal government’s largest credit card discrimination settlement in history...
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Bureau Appears Poised to Yield on Indirect Auto Proxy Methodology

June 23, 2014
Later this summer, the CFPB plans to release a white paper on the proxy methodology it employs to identify alleged discrimination in indirect auto financing, CFPB Director Richard Cordray told the House Financial Services Committee last week. This is one of a few bipartisan hot potatoes the bureau has been contending with on Capitol Hill. Back in March 2013, the CFPB issued a bulletin asserting authority to hold indirect auto lenders accountable for illegal, discriminatory pricing markups, and provided guidance to such lenders within the bureau’s jurisdiction as to how to appropriately handle fair lending risk. Consumer advocates were quick to embrace the bulletin, but the auto lending industry and its supporters in Congress have been pressing the bureau ever ...
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CFPB Focused on Holding Student Loan Servicers Accountable

June 9, 2014
Rohit Chopra, the CFPB’s student loan ombudsman, appeared before the Senate Budget Committee last week and indicated the bureau remains intent on holding student loan servicers to account for their treatment of struggling borrowers. “Like many of the improper and unnecessary foreclosures experienced by many homeowners, I am concerned that inadequate servicing has contributed to America’s growing student loan default problem, now topping 7 million Americans in default on over $100 billion in balances,” Chopra said. “To ensure that we do not see a repeat of the breakdowns and chaos in the mortgage servicing market, it will be...
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CFPB Would Play Extensive Role in Bill on Campus-Sponsored Lending

June 9, 2014
Rep. Maxine Waters, D-CA, the ranking member of the House Financial Services Committee, is among those leading a legislative push by House and Senate Democrats to protect college students from what they see as unfair banking practices involving campus-sponsored financial products. The legislation would extensively rely upon the CFPB to help accomplish lawmakers’ objectives in this regard. The House bill, entitled the Curbing Abusive Marketing Practices with University Student Debit Cards Act (otherwise known as the CAMPUS Debit Cards Act), would end...
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Democrats Want CFPB to Crack Down on ‘Predatory’ Payday Loans

June 9, 2014
A handful of Democrat Senators are urging CFPB Director Richard Cordray to bring an end to what they consider to be predatory small-dollar storefront and online payday lending. “Sadly, the evidence shows that these loans trap consumers in a cycle of debt in which consumers end up owing more than the initial loan amount, an appalling practice that exploits the financial hardship of hard working families and exhibits a deeply flawed business model that does not consider borrowers’ ability to repay the loan,” the senators said in a letter to the director. “The CFPB was established...
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Auto Finance ‘Larger Participant’ Rule in the Works, CFPB Confirms

June 9, 2014
The CFPB officially made it clear again that it will propose a rule to define “larger participants of a market for auto lending,” according to the agency’s recently updated semi-annual rulemaking agenda. The bureau is also now in the process of finalizing a rule defining larger participants in the international money transfer market, after having previously defined larger participants in the consumer debt collection, credit reporting and student loan servicing markets. Elsewhere, the CFPB is...
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CFPB Seeks OMB Approval to Conduct Credit Card Survey

June 9, 2014
The CFPB intends to conduct a national telephone survey of 1,000 credit card holders and is seeking additional public comment and eventual approval from the Office of Management and Budget, according to a recent notice in the Federal Register. This survey follows an earlier effort last summer along similar lines. Both are...
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Student Loan Servicers Back in Congressional Crosshairs as Debt Mounts, Jobs Recovery Lags

June 6, 2014
The odds seem to be increasing that student loan servicers are going to face tougher legislation or regulation – or both – as members of Congress and the Consumer Financial Protection Bureau pay more attention to the sector. During a hearing this week of the Senate Banking Financial Institutions and Consumer Protection Subcommittee, Chairman Sherrod Brown, D-OH, drew a comparison between the mortgage market’s collapse and the resulting financial crisis and today’s student loan market – with an emphasis on the role of servicers in both contexts. Last year, Brown wrote...
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Prospects for Subprime Auto ABS Look Good, As Investors Move Down the Waterfall for Yield

May 30, 2014
U.S. auto ABS may have hit a few potholes in recent months, but seasonal factors and investors’ hunger for greater returns is strengthening the sector, especially for subprime deals, according to Wall Street analysts. “Subprime auto ABS continue to benefit from the hunt for yield,” said Elen Callahan and Kayvan Darouian, analysts with Deutsche Bank, in a recent research report. Many deals are oversubscribed and are often upsized, they added. “With spread differentials of up to 600 basis points, depending on issuer and tranche, investors who are comfortable with the asset class’s recent performance are moving from the top of the credit structure, down to the first-loss piece, to pick up yield.” Increased demand for subprime auto ABS subordinate bonds is...
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