CFPB Revises Methodology Statement for Calculating Average Prime Offer Rates

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The Consumer Financial Protection Bureau (CFPB) has published a notice in the Federal Register announcing that it has revised its methodology statement for calculating the average prime offer rates (APORs) under Regulations C and Z.

Regulation C requires covered financial institutions to report, for certain transactions, the difference between a loan’s annual percentage rate (APR) and the APOR for a comparable transaction. Under Regulation Z, a creditor may be subject to certain special provisions if the difference between a loan’s APR and the APOR for a comparable transaction exceeds certain thresholds.

The CFPB calculates APORs on a weekly basis according to a publicly available methodology statement. The CFPB has revised the statement to reflect a change in the source of survey data for the one-year variable rate mortgage product that it uses to calculate the weekly APORs. The change was made because Freddie Mac has discontinued publishing the one-year variable rate mortgage data used by the CFPB. Beginning on July 7, 2016, the CFPB started using data provided by HSH Associates for the one-year variable rate mortgage product. It continues to use data provided by Freddie Mac for other products in calculating the weekly APORs.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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