House appropriations bill amendment would delay enforcement of CFPB payday loan rule

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According to a Politico report, the House Appropriations Committee has advanced a bipartisan amendment to the FY17 Financial Services and General Government Appropriations bill that would block the CFPB from enforcing a rule regulating payday and vehicle title loans until the CFPB submits a detailed report on the consumer impact to Congress.  The amendment, which was sponsored by Republican Congressman Steven Palazzo and Democratic Congressman Henry Cuellar, was adopted by the committee in a 30-18 vote.

On June 2, 2016, the CFPB issued a proposed rule covering payday and auto title loans, deposit advance products, and certain high-rate installment and open-end loans.  On June 15, 2016, from 12 p.m. to 1 p.m. ET, we will hold a webinar on the proposal: The CFPB’s Proposed Payday/Auto Title/High-Rate Installment Loan Rule: Can Industry Adapt to the New World Order?  Information about the webinar and a link to register are available here.

The FY 2017 appropriations bill already included several provisions intended to curb the CFPB’s authority, including a provision that would block the CFPB from enforcing a rule regulating pre-dispute arbitration agreements until it has submitted to Congress a study that meets criteria specified in the bill.  On May 5, 2016, the CFPB issued a proposed rule that would prohibit covered providers of certain consumer financial products and services from using an agreement with a consumer that provides for arbitration of any future dispute between the parties to bar the consumer from filing or participating in a class action with respect to the covered consumer financial product or service.  The proposed rule would also require a covered provider that is involved in an individual arbitration pursuant to a pre-dispute arbitration agreement to submit specified arbitral records to the CFPB.

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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