In this article, we share a timeline of our monthly "bites" for 2023 applicable to the auto finance industry. We think it's safe to say that the auto finance industry was top of mind to the CFPB. ...more
1/22/2024
/ Automotive Loans ,
Broker-Dealer ,
CARS Rule ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
DACA ,
ECOA ,
Excessive Fees ,
Fair Access to Credit ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Services Industry ,
Immigrants ,
Loan Servicer ,
Pilot Programs ,
UDAAP
In this month's article, we share some of our top "bites" for the prior month covered during the December 2023 webinar....more
1/10/2024
/ Automotive Loans ,
Banks ,
Car Dealerships ,
Civil Monetary Penalty ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Debt Collection ,
Department of Financial Protection and Innovation (DFPI) ,
Enforcement Actions ,
FDCPA ,
Information Reports ,
Lenders ,
Misrepresentation ,
Motor Vehicles ,
OCC ,
Regulation Z ,
Truth in Lending Act (TILA) ,
Wages
In this month's article, we share some of our top "bites" for the prior month covered during the August 2023 webinar.
Bite 1: CFPB Publishes Report on Employer-Driven Debt -
On July 20, 2023, the CFPB published a...more
8/18/2023
/ Automotive Loans ,
Banking Sector ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Data Brokers ,
Fair Credit Reporting Act (FCRA) ,
Housing Market ,
Landlords ,
Loan Servicer ,
Payday Loans ,
Rent-to-Own Companies ,
Rental Property ,
Residential Leases ,
Small Business ,
Small Business Loans ,
Tenants ,
UDAAP ,
Unfair or Deceptive Trade Practices
In this month's article, we share some of our top "bites" for the prior month covered during the March 2023 webinar....more
3/27/2023
/ Administrative Procedure ,
Appraisal ,
Automotive Loans ,
Background Checks ,
Buy Now Pay Later (BNPL) ,
Civil Monetary Penalty ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Credit Reports ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Military Service Members ,
Mortgage Lenders ,
Mortgages ,
Race Discrimination
In this month's article, we share some of our top "bites" for the prior month covered during the January 18, 2023, webinar.
Bite # 8: The CFPB Publishes Civil Penalty Inflation Adjustments Rule in Federal Register -...more
1/24/2023
/ Advertising ,
Automotive Loans ,
Civil Monetary Penalty ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Debt Collection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fair Housing Act (FHA) ,
Financial Institutions ,
Financial Services Industry ,
Housing Discrimination ,
Inflation Adjustments ,
International Remittance Transfers ,
Prepaid Payment Products ,
Standard Form Contracts ,
Terms and Conditions
In this article, we share a timeline of our monthly "bites" for 2022 applicable to the auto finance industry.
So, what happened in 2022?...more
1/11/2023
/ Automotive Industry ,
Automotive Loans ,
Consent Order ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Data Security ,
ECOA ,
Enforcement Actions ,
Nonbank Firms ,
Repossess ,
Rulemaking Process ,
Supervision ,
UDAAP
A new CFPB chief, Rohit Chopra, was nominated by then President-elect Biden on January 18, promising to bring the CFPB back to life. What kind of action should auto lenders expect, and how will it affect the auto repossession...more
The general consensus is that a Biden/Harris administration will mean a lot of changes for automotive finance and sales. But exactly what types of change and how quickly will changes occur? Just how bad for the industry will...more
Each month, we host a 30-minute webinar outlining the month's key announcements and takeaways from the CFPB to be considered by financial services providers. It was a particularly busy month at the CFPB, so as an extra...more
12/18/2020
/ Automotive Loans ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Leasing Act (CLA) ,
Consumer Price Index ,
Debt Collectors ,
Dodd-Frank ,
FDCPA ,
Federal Reserve ,
Military Lending Act ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
OCC ,
RESPA ,
SBREFA ,
Telemarketing Sales Rule ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices
So, the general consensus is that a Biden/Harris Administration will mean lots of change for automotive finance. But, exactly what types of change and how quickly will that change occur? And, just how bad for the industry...more
Each month, we host a 30-minute webinar outlining the month's key announcements and takeaways from the CFPB to be considered by financial services providers. In this first article in the series, we share our top "bites"...more
11/2/2020
/ Administrative Consent Order (ACO) ,
Automotive Loans ,
Banking Sector ,
CARD Act ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Federal Trade Commission (FTC) ,
Marketing Services Agreements ,
RESPA ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
Truth in Lending Act (TILA)
The Federal Trade Commission's Cooling-Off Rule has been around since 1972 (it became effective in 1974), but generally has been a non-issue for dealers until the Coronavirus pandemic when dealers were forced to conduct...more
6/24/2020
/ Automotive Industry ,
Automotive Loans ,
Best Practices ,
Car Dealerships ,
Compliance ,
Contract Negotiations ,
Contract Termination ,
Cooling-Off Rule ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Lenders ,
Remote Sales Transactions ,
Salespersons
I frequently hear creditors complain about issues they face when trying to confirm that one of their customers has and will maintain the property insurance required by the retail installment contract. For instance, some...more
I just finished up a very active conference season. I’ve been on the “conference circuit” as some would say, since early January. Being on the conference circuit has enabled me to re-connect with friends, colleagues, clients...more
10/7/2019
/ Automotive Industry ,
Automotive Loans ,
Car Dealerships ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Repossess ,
Risk Assessment ,
Risk Mitigation ,
Trump Administration ,
Unfair or Deceptive Trade Practices
Do you truly know what the repossession agents you’ve assigned to repossess one or more of your cars for you are doing? I’m hearing more and more about a very disturbing practice in the repossession services industry that,...more
6/28/2019
/ Agents ,
Automotive Loans ,
Car Dealerships ,
Class Action ,
Default ,
GPS ,
Invasion of Privacy ,
Misdemeanors ,
Penal Code ,
Repossess ,
Stalking ,
Tracking Systems ,
Unfair or Deceptive Trade Practices ,
Vicarious Liability ,
Without Consent
Heard any good lawyer jokes lately? Having been in practice for almost 25 years, I've heard quite a few from friends and clients. How about, "What's the difference between a vulture and a lawyer? . .. The vulture doesn't get...more
6/20/2019
/ Automotive Loans ,
Car Dealerships ,
Civil Monetary Penalty ,
False Documentation ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Identity Theft ,
Restitution ,
Settlement ,
Tax Evasion ,
Unfair Pricing ,
Website Owner Liability ,
Websites