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Inside the CFPB

May 26, 2014

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House GOP Continues to Push Bills to Alter Practices at CFPB

Last week, the Republican-controlled House Financial Services Financial Institutions and Consumer Credit Subcommittee considered nearly a dozen pieces of legislation to rein in the CFPB, provide lenders with some regulatory relief, and bring greater transparency and accountability to the agency. Most Democrats on the committee and some consumer advocate groups were either skeptical or outright opposed to the measures, fearing each of the bills would weaken or eviscerate the agency – or result in “death by a thousand paper cuts,” as Rep. Carol Maloney, D-NY, put it. Meanwhile, Republicans and lender groups supported the collection of bills brought before the subcommittee as corrections to a flawed Dodd-Frank Wall Street Reform and Consumer Protection Act that need to be enacted before bad... Read More

Lawmakers Wrestle With Alleged Discrimination at Bureau

In a noteworthy reversal of partisan roles, Democrats on the House Financial Services Subcommittee on Oversight and Investigations last week found themselves uncomfortably backing away from an opportunity to take up the cause of female, minority and older employees at the CFPB, out of fear they might undermine what is arguably their favorite regulatory agency. Ranking Member Al Green, D-TX, succinctly summed up the anxiety felt by his side of the aisle when he said, “I am concerned that some people might use the information in this hearing that would weaken, emasculate or eviscerate the CFPB.” Meanwhile, the bureau-bashing Republicans, who have studiously tried to re-brand themselves as friends of “the little guy” ever since the CFPB opened for business... Read More

CFPB to Spend $5M Compensating Staff Affected by Lower Ratings

In a pre-emptive strike against Republican critics on Capitol Hill, the CFPB announced last week that it was scrapping its performance-management system that produced some disparate-impact blowback, and was instituting a plan to compensate agency staff estimated to cost upwards of $5 million. The new report digs deeper than the bureau’s 2013 internal report that was released after allegations of discrimination and allegation at the bureau came to light back in March. “[W]e have determined that there were broad-based disparities in the way performance ratings were assigned across our employee base in both 2012 and 2013,” CFPB Director Richard Cordray said in an email to bureau staff. “These differences indicate a systemic disadvantage to various categories of employees that persisted... Read More

High Student-Loan Debt Keeping Borrowers From Home Purchases

Echoing an assessment that has become all too common across the housing and mortgage markets, CFPB Director Richard Cordray said excessive student loan debt is keeping many young people from buying a house and taking on a mortgage. “The consumers we hear from tell us how their debt burden has stopped them from buying a home, opening a small business, or starting a family,” Cordray said in a speech last week. With student-loan debt now having reached $1.2 trillion, the CFPB estimates that more than 7 million Americans are in default on a student loan. “For those who default early in their lives, the negative consequences for their credit report can make it more difficult to pass employment background checks... Read More

Confidential Settlements Bring in $70 Million in Remediation: CFPB

The fourth edition of the CFPB’s Supervisory Highlights report, released last week, reveals that recent “nonpublic supervisory actions” and self-reported violations in a number of program areas have resulted in more than $70 million in remediation for approximately 775,000 consumers. The report also highlighted what the bureau characterized as illegal actions uncovered by the agency’s supervision of the payday, debt collection and consumer-reporting markets – which are now being supervised on a federal level for the first time due to the authority conferred upon the CFPB by the Dodd-Frank Wall Street Reform and Consumer Protection Act. “For the first time at the federal level, nonbank financial institutions are subject to supervisory oversight that holds them accountable for how they treat consumers,"... Read More

Bureau to Extend its Reach With More ‘Larger Participant’ Rules

Providers of consumer financial services products, be forewarned: If the CFPB has not gotten around to regulating you yet, don’t rest too easy. It definitely plans to do so. The latest edition of the CFPB’s Supervisory Highlights report indicated larger indirect nonbank auto lenders are next on its to-do list. But if past is prologue, the odds are strong that sector won’t be the last to feel the bureau’s expanding scrutiny.As per the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFPB has authority to supervise certain nonbanks, including mortgage companies, private student lenders, and payday lenders, as well as nonbanks the bureau defines through rulemaking as “larger participants.” To date, the agency has issued rules to supervise... Read More

CFPB Again Emphasizes Need for Compliance-Management Systems

The CFPB is once again reminding regulated entities of the importance of robust compliance-management systems to help stay up-to-snuff with all of the bureau’s rules, regulations and requirements and other federal consumer financial laws. For instance, in the three nonbank markets (payday lending, debt collection and credit reporting) highlighted in the bureau’s latest Supervisory Highlights report, CFPB examiners found that “many companies had systemic flaws in their compliance-management systems, such as consistently failing to have a system in place to track and resolve consumer complaints. “The CFPB expects companies to respond to customer complaints and identify major issues and trends that may pose broader risks to their customers,” the report added. The bureau does not require a particular CMS structure... Read More

New Surveys Reveal Concerns, Confusion Remain Over ATR/QM

Qualified mortgage guidelines under the CFPB’s ability-to-repay rule were among the top 10 issues identified as problem areas likely affecting home selling, according to a new Campbell Surveys study sponsored by Inside Mortgage Finance, an affiliated newsletter. Among real estate agents surveyed, 26.4 percent cited QM guidelines as an obstacle. “Due to the new Dodd Frank guidelines, fewer buyers will be qualified to purchase homes, which will ultimately affect my livelihood as well,” one Realtor said. Another commenter said, “QRM [qualified residential mortgage] and QM guidelines are already causing issues for some buyers,” even though the QRM has yet to be finalized. “Lenders won’t pre-approve but only pre-qualify. Buyers are frustrated even with good credit scores and good ratios.” A... Read More

How to Respond to a CFPB Civil Investigative Demand

Given the expanding reach of the CFPB’s regulatory oversight wingspan, many types of entities beyond a traditional financial services company could find themselves subjected to unanticipated and unwanted scrutiny in the form of a civil investigative demand from the bureau. Attorneys at the Latham & Watkins law firm in Washington, DC, recently detailed how affected companies should plan and respond to such a demand. First, upon receipt of a CID, a company should immediately begin to develop a response plan, including an analysis of the company’s ability to respond in a timely manner. “Important response deadlines come up in a matter of days after service of a CID, so delays can impair a company’s ability to effectively respond in a ... Read More

NAFCU Urges More Transparency In National Mortgage Database

The National Association of Federal Credit Unions is calling upon the CFPB and the Federal Housing Finance Agency to be more transparent about how they plan to use the information they want to collect for their joint National Mortgage Database. “First and foremost, NAFCU believes greater transparency should be provided by the FHFA and CFPB on what this information is being used for and which divisions within each agency have access to it,” NAFCU Regulatory Affairs Counsel Angela Meyster said in a letter to the FHFA. In addition, NAFCU urged the FHFA and CFPB to select only robust and representative subsets of the data when they seek to use it to support particular policies or rulemakings. “Further, the agencies should ... Read More

CFPB, State AGs Still Teaming Up, Despite Absence of Formal MOU

The CFPB and the state attorneys general are well-positioned to work together and are continuing to do so, even though they have not completed efforts to strike a formal memorandum of understanding explicitly spelling out the terms of their cooperative relationship, one legal expert said recently. One of the areas in which such cooperation is continuing is in issues that affect U.S. military service members, according to attorney Clarine Nardi Riddle, who chairs the government affairs practice of the Kasowitz, Benson, Torres & Friedman law firm in Washington, DC. Riddle served from 1989 to 1991 as the first female state attorney general of Connecticut after a stint as the deputy AG in the preceding three years. “There’s a natural sweet ... Read More

Worth Noting

House Financial Services Committee Formally Passes More CFPB Legislation. The House Financial Services Committee took final votes on some potentially significant CFPB-related measures. H.R. 1779, the Preserving Access to Manufactured Housing Act of 2013, introduced by Rep. Stephen Fincher, R-TN, was approved by voice vote. H.R. 4521, the Community Institution Mortgage Relief Act of 2014, introduced by Rep. Blaine Luetkemeyer, R-MO, was approved 43-16. H.R. 4466, the Financial Regulatory Clarity Act of 2014, introduced by Rep. Shelley Moore Capito, R-WV, was approved 34-25. H.R. 2673, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY, was approved 36-23. H.R. 3211, the Mortgage Choice Act of 2013, introduced by Rep. Bill Huizenga, R-MI, was passed by voice vote ... Read More

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