CFPB Resource Center
On July 21, 2011, the Consumer Financial Protection Bureau (CFPB), an agency with unprecedented power and authority to regulate the market for consumer financial products, opened its doors for business.
Because of our focus and expertise on retail banking products and services, CBA is well positioned to be your industry resource on the CFPB and will regularly update this page as the rulemaking process unfolds. In addition, our insights and analysis on CFPB-related issues, along with the latest news and information, will provide you with the necessary tools to navigate this new regulatory environment, so please visit often.
September 26, 2014
CFPB Announces Project Catalyst Pilot
On Thursday, September 25, 2014, the CFPB announced a research pilot titled Project Catalyst
to examine the effectiveness of early intervention credit counseling
for consumers who are at risk of default on their credit card debt.
credit card debt can be stressful for consumers and will affect their
ability to access credit in the future," said CFPB Director Richard
Cordray in a press statement. "This project can help us better understand what works and does not work to improve life for consumers in the marketplace."
pilot will explore whether certain early intervention strategies can
improve consumers' financial outcomes and whether similar strategies
could be effective for consumers facing default on home, auto or other
loans. The CFPB claims the information collected from third parties
(Barclaycard and Clarifi) will be de-identified, and appropriate
precautions will be taken to ensure individual consumers cannot be
identified through the data.
CFPB Issues Consent Order to U.S. Bank for Add-on Products
On Thursday, September 25, 2014, entered into a consent order with U.S. Bank for allegedly charging customers for add-on products they did not receive. According to the Bureau,
U.S. Bank used a third-party vendor to administer identity protection
and credit monitoring programs, which required written authorization
from the customer. The CFPB says U.S. Bank customers were charged for
the products as soon as they enrolled but the bank did not obtain the
required authorization to perform the services. According to the consent
order, the bank's customers were billed for services they did not
receive, unfairly incurred charges for interest and fees, and did not
receive product benefits. U.S Bank will refund nearly $48 million to
more than 420,000 customers, and pay $5 million to the Civil Penalty
Fund and an additional $4 million to the OCC. The enforcement action
also orders U.S. Bank to end unfair billing practices, conveniently
repay consumers, and improve oversight of its third-party vendors.
CFPB Announces Partnership to Address Student Loan Debt
On Tuesday, September 23, 2014, Director Cordray announced
a partnership with AmeriCorps and the Peace Corps to help their
employees address their student loan debt. Borrowers of federal student
loans with a career in public service are eligible for loan forgiveness
after making on-time payments for 10 years. The CFPB's initiative
encourages qualifying public service organizations to ensure their
employees understand the loan forgiveness programs for which they may be
"We want everyone eligible to be signing up for the
loan forgiveness that federal law provides, which they are earning by
virtue of their public service work. These are great first steps toward
that objective," said Director Cordray in a statement.
CBA Files Comment on CFPB Complaint Narrative Proposal
On Monday, September 22, 2014, CBA submitted to the CFPB a comment letter
on the agency's proposal to include consumer narratives to its Consumer
Complaint Portal. With input from its Consumer Complaints Subcommittee,
CBA expressed support for the Bureau's ability to confidentially
collect complaint data in order to better serve consumer complaint
resolution, but strongly opposed the public disclosure of any consumer
complaint information, including narratives.
concern regarding adequate protection of consumers' personally
identifiable information, and questioned whether they would benefit from
narratives when making decisions on financial products and services.
CBA also pointed to the inability of financial institutions to
completely respond to the public narratives due to privacy confines,
thus creating a one-sided and unsubstantiated complaint process. The
skewed representation of the financial services market by publication of
unverified complaints, that are neither normalized or a complete
representation of the entire financial services industry, was also
CBA will continue to work with the CFPB on this issue as it considers a final policy.
GAO Releases Study on CFPB Data Collection
On Monday, September 22, 2014, the Government Accountability Office (GAO) released a report
recommending the CFPB take steps to protect the privacy of consumer
financial data it collects from banks. According to the report, the CFPB
has collected large amounts of information directly identifying
individuals from arbitration case records, deposit accounts and borrower
activity at payday loan stores. The focus of the report was on the
CFPB's collection of data directly from banks, not from its Complaint
The GAO found the CFPB had taken steps to
secure the data collections but lacked written procedures for securing
information and had not implemented a number of privacy controls. The
report asserts the CFPB "has not developed standard policies and written
procedures to document the practices it uses for anonymizing data,
including clarifying how data sensitivity will be assessed and defining
specific roles, responsibilities, and steps in accordance with guidance
and privacy controls." The GAO said, "According to CFPB staff,
discussions among staff about removing sensitive data elements were
informal and not documented. The CFPB also has not specified in policy
which data fields are considered sensitive or potentially identifying
and should be removed or masked."
DOD Proposes Amendments to MLA
On Friday, September 26, 2014, the Department of Defense (DOD) announced a proposal
to amend regulations implementing the Military Lending Act (MLA). The
MLA limits the amount of interest a creditor may charge a service member
on "consumer credit" to a maximum annual percentage rate of 36 percent.
The DOD has proposed amending its existing regulation primarily for the
purpose of extending the protections of the MLA to a broader range of
closed-end and open-end credit products, rather than the limited credit
products currently defined as consumer credit. In addition, the DOD
proposed amending its existing regulation to alter the provisions
governing the tools a creditor may use in assessing whether a consumer
is a "covered borrower." The proposal also would modify the disclosures a
creditor must provide to a covered borrower and implement the
enforcement provisions of the MLA.
More specifically, the DOD
proposed amending its regulation so, in general, consumer credit covered
under the MLA would be defined consistently with credit which, for
decades, has been subject to the protections under the Truth in Lending
Act (TILA), namely: credit offered or extended to a covered borrower
primarily for personal, family, or household purposes, and is (i)
subject to a finance charge or (ii) payable by a written agreement in
more than four installments.
Requirements applicable to a creditor include:
In August of 2013, CBA and other industry trade groups commented
on the DOD's Advance Notice of Proposed Rulemaking for amendments to
the MLA. In the letter, CBA wrote "[we] believe that the Military
Lending Act as implemented by the regulation issued by the Department of
Defense is working as intended to protect members of the armed forces
and their dependents. Imposing additional requirements on lending to
servicemembers would have adverse consequences for members of the armed
forces and military families. While added restrictions are not needed, a
proactive step the Associations support is strengthening financial
education." "When the current rules were adopted in 2007, the goal was
to focus on products that the Department had identified as most
troublesome in its 2006 report to Congress: refund anticipation loans,
payday loans and car title loans. To that extent, the rule has been
effective: refund anticipation loans have largely disappeared, payday
loans from brick-and-mortar locations are no longer widely available,
and car title loans covered by the rules have been greatly reduced."
creditor may not impose a Military Annual Percentage Rate (MAPR)
greater than 36 percent in connection with an extension of consumer
credit to a covered borrower;
- When extending consumer credit, a creditor must satisfy certain other terms and conditions,
certain information (e.g., a statement of the MAPR), both orally and in
a form the borrower can keep, before or at the time the borrower
becomes obligated on the transaction or establishes the account,
- Refrain from requiring the borrower to submit to arbitration in the case of a dispute involving the consumer credit, and
- Refrain from charging a penalty fee if the borrower prepays all or part of the consumer credit.
Comments will be due 60 days from publication in the Federal Register.
OCC Reports Improved Mortgage Performance
On Thursday, September 25, 2014, the OCC released a report
indicating that the performance of first-lien mortgages serviced by
large national and federal savings banks improved from the previous
year. The OCC report, Mortgage Metrics Report, Second Quarter 2014,
showed 92.9 percent of mortgages were current and performing at the end
of the quarter, compared with 93.1 percent at the end of the previous
quarter and 90.6 percent a year earlier. The percentage of mortgages 30
to 59 days past due decreased 17.3 percent from the previous year to 2.4
percent of the portfolio. Seriously delinquent mortgages—60 or more
days past due or held by bankrupt borrowers whose payments are 30 days
or more past due—decreased 17.0 percent from a year earlier. Foreclosure
activity among the reporting servicers continued to decline.
Department of Education Publishes Federal Student Loan Performance Rate
On Wednesday, September 24, 2014, the U.S. Department of Education announced
new data showing the three-year federal student loan cohort default
rate slightly declined to 13.7 percent for students who entered
repayment in FY 2011, compared to a default rate of 14.7 percent for FY
"While it's good news that the default rate decreased from
last year, the number of students who default on their federal student
loans is still too high, and we remain committed to working with
postsecondary education institutions and borrowers to ensure that
student debt is manageable," said Education Secretary Arne Duncan.
Education Department recently renegotiated the terms of its federal
student loan servicing contracts in an effort to improve repayment.
These contracts provide incentives for federal loan servicers to improve
counseling, and put borrowers in a repayment plan offering them the
most benefit. Critics of these contracts have argued servicers do not
have strong enough incentives to enroll borrowers in income-based
repayment plans which cap monthly payments, and can provide loan
Senator Durbin Files Brief with Supreme Court in Debit Interchange Case
this week, Senator Richard Durbin (D-IL), author of the Durbin
Amendment which led to Regulations II's debit interchange restrictions,
filed an amicus brief with the Supreme Court urging them to consider
NACS v. Board of Governors, the debit interchange case recently
overturned in favor of the Federal Reserve Board from a prior ruling by a
District Court in favor of the Merchants. Senator Durbin's Amicus
Tuesday, August 19, 2014, the retailers in NACS seeking to overturn
Federal Reserve rules on debit interchange rates filed a petition asking
the U.S. Supreme Court to hear the case. It is uncertain if the Court
will take the case; however, the Court is expected to finalize its
docket by the end of the year.
- The Durbin Amendment was carefully crafted to respond
to collusion, market failures, and excessive fees within the electronic
- The D.C. Circuit erred by deferring to the
Board's inclusion of "third category" bank costs in its rulemaking, as
the inclusion of such costs was contrary to the Durbin Amendment's text
and legislative history; and
- The electronic debit system is one
of the primary methods by which Americans transact money, and consumer
welfare will be enhanced if large banks are required to compete with one
another to manage fixed costs efficiently instead of having those costs
uniformly subsidized by interchange fees under the Board's rulemaking.
FFIEC Releases 2013 HMDA Data
On Monday, September 22, 2014, the Federal Financial Institutions Examination Council (FFIEC) released the results of the 2013 HMDA data collection. Notable findings include:
CBA Files TCPA Petition for Declaratory Ruling with the FCC
- Amount of reporting Financial Institutions is down:
The number of reporting institutions declined about 3 percent to 7,190,
as a result of mergers, acquisitions, and failures, which continued the
downward trend that began in 2006 when HMDA covered about 8,900
- 16.8 million total actions: The 2013 data
includes information on nearly 16.8 million actions, with 14 million
home loan applications—of which, 8.7 million resulted in loan
originations—and about 2.8 million loan purchases.
- Total originations down:
There were about 516,000 requests for preapprovals related to a home
purchase loan. The total number of originated loans of all types and
purposes declined by about 1.1 million (11 percent).
- Refinances down, home purchase up: Refinance originations declined by 23 percent, while home purchase lending increased by about 13 percent.
- Minority and LMI borrowers
share of home purchase loans for 1-4 family properties made to black
and Hispanic white borrowers declined slightly, while loans made to
Asian borrowers saw a slight increase.
- The percentage of 1-4
family home purchase loans made to low-to-moderate-income (LMI)
borrowers declined to 26 percent from nearly 31 percent in 2012.
Refinanced loans slightly increased from 19 percent to 20 percent.
and Hispanic white applicants experienced higher denial rates for
conventional home purchase loans than non-Hispanic white applicants.
- The denial rate for Asian applicants was comparable to the denial rate for non-Hispanic white applicants.
- Government-backed mortgages
- Overall government-backed loans were 38 percent in 2013, down from 45 percent in 2012 and 54 percent in 2009.
Housing Administration (FHA) loans were down to 24 percent from 31
percent in 2012, but Veterans Administration loans held steady at 9
- Higher-priced loans: Up 5 percent from 3
percent in 2012 due partly to the sharp rise in FHA-insured first-lien
home purchase loans with annual percentage rates above the reporting
threshold, from 4.6 percent in 2012 to 22 percent in 2013.
- HOEPA: In 2013, 1,873 loans covered by the Home Ownership and Equity Protection Act were reported, down from 2,194 in 2012.
response to escalating and frivolous Telephone Consumer Protection Act
(TCPA) class action lawsuits, on Friday, September 19, 2014, CBA filed a
Petition for Declaratory Ruling
with the Federal Communications Commission (FCC). CBA asked the FCC to
clarify that "called party" means "intended recipient" for purposes of
the TCPA's restrictions on certain automated calls. Using this
definition, the Commission will:
the definition is consistent with Congressional intent, the FCC's prior
interpretations, and a recent U.S. Supreme Court interpretation of
statutory construction. In the coming weeks, the FCC will solicit
comments in response and CBA will meet with the Commission to discuss
- Prevent potential chilling of beneficial consumer communications;
- Shield consumers from higher costs stemming from institutions' increased litigation and compliance expenses;
- Quash frivolous litigation inundating courts and creating inconsistent law; and
- Allow small businesses to grow and nonprofits to reach their goals without the threat of litigation.
September 26, 2014
September 19, 2014
September 12, 2014
September 5, 2014
August 29, 2014
August 22, 2014
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