InfoBytes, July 27, 2012 - A Weekly In-depth review of news & developments in the financial services industry.


Topics In This Issue:

Mortgages; Banking; Consumer Finance; Securities; E-Commerce; and Privacy/Data Security.

Excerpt From Federal Issues:

CFPB Releases Report on Private Student Loans, Testifies in Senate.On July 20, the CFPB released a report on private student loans, prepared in conjunction with the Department of Education. Pursuant to Section 1077 of the Dodd-Frank Act, the report covers (i) the evolution and current state of the private lending market, (ii) the characteristics of consumers of private student loans, (iii) consumer protections, including recent changes and possible gaps, (iv) fair lending compliance information currently available and its implications, and (v) statutory or legislative recommendations to improve consumer protections. The report includes a series of recommendations from the CFPB and the Department of Education. The CFPB recommends that Congress require lenders to obtain a certification of the student's financial need from the educational institution before disbursing private student loan funds. The CFPB also recommends that Congress examine the impact that the 2005 amendments to the bankruptcy code that made private student loans non-dischargeable in bankruptcy absent a showing of undue hardship, have had on young borrowers. On July 24, the CFPB's Student Loan Ombudsman appeared before the Senate Banking Committee's Subcommittee on Financial Institutions and Consumer Protection to discuss the report and the CFPB's recommendations.The hearing also included testimony from consumer groups and one private student lender.

Bills Introduced on Regulation of Short Term, Small Dollar Lending. On July 18, Representatives Luetkemeyer (R-MO) and Baca (D-CA) introduced H.R. 6139, a bill that would create a national charter for qualified non-depository creditors, to be known as National Consumer Credit Corporations (NCCCs). The bill would task the OCC with assessing applications with a focus on the applicant institution's ability to offer products that provide credit to underserved consumers, and developing a process for approving financial products to be offered by NCCCs. The OCC would be able to establish an annual fee for a charter, but it would not be permitted to restrict the method by which an NCCC offers its products, or to establish usury limits. NCCCs would be subject to certain restrictions, including a prohibition on consumer loans with terms of 30 days or less. The House Financial Services Committee's Subcommittee on Financial Institutions and Consumer Credit held a hearing to consider H.R. 6139 on July 24, 2012.

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