Showing posts with label CFPB. Show all posts
Showing posts with label CFPB. Show all posts
Thursday, September 3, 2015
AUTO PRICES MAY BE NEGATIVELY IMPACTED AS CFPB CRUSADES AGAINST AUTOMOTIVE FINANCING
Consumer auto prices may be negatively impacted as the CFPB continues its crusade against automotive financing. The Consumer Financial Protection Bureau (CFBP) has increased its interest and desire to levy penalties against automotive lending organizations. Over $200 million in settlement fines have been collected by the federal governmental organization since 2013. The CFPB has stated their efforts to regulate automotive finance are due to interest rate inequality among certain racial groups.
However, as we’ve reported, the methodology the CFPB employed to determine that certain racial groups were discriminated against is questionable. It’s a methodology that has been essentially debunked in a study by Charles River Associates, which found that the CFPB’s proxy methodology could only identify a certain race correctly just 25 percent of the time.
The CFPB has reached settlements with a few large automotive lending organizations in their pursuit of lending equality, including Ally Bank and the American Honda Finance Corporation. For Honda, the CFPB ordered them to pay $24 million back to borrowers of certain racial groups that were found to have paid a higher interest rate on their loan than non-Hispanic white borrowers. In reaction to this order from the CFPB to pay back consumers, the lending arm of Honda has made a few changes. Speaking to the WSJ, an American Honda Finance Corp. representative said the company has made, “adjustments and modifiers in a way that continues to support our dealers’ business compensation as well as our customers’ financing choices.” Those choices consumers have might be more costly thanks to CFPB regulation. An example of a potential cost increase for the consumer was highlighted by the Wall Street Journal.
In the WSJ report, the regulations over the lending arm of Honda were explained. As part of its CFPB settlement, Honda has lowered its potential dealership interest rate flexibility from 2.25 percent to 1.25 percent while raising the wholesale rate. Honda has also decided to pay dealers 1 percent of the loan value out of its own pocket. For consumers with a credit score of 760 and above, the wholesale rate for a new vehicle starts at 3.4 percent verses 2.3 percent before the regulation. The example given is that assuming a dealership markup of 0.5 percent, a consumer with that excellent credit would end up with a 3.9 percent rate on their auto loan, compared with 2.8 percent before the regulation. For a 48-month loan of $25,000 that would be $586 in interest payments. While not all consumer and credit groups will be impacted the same as this example, it appears some consumers will pay more because of Honda’s reaction to the CFPB regulations.
The information provided in the example came from a pricing sheet that was sent out to Honda dealers in Texas. Jared Allen, spokesman for NADA, weighed in on this subject to the WSJ. Speaking of the CFPB regulation, Allen felt that it, “will invariably lead to many consumers paying more for auto financing.” What, if any, impacts have you felt at your store as a result of government regulations? Do you think the CFPB regulations will eventually help the consumer or cause more problems for dealers, automakers and consumers?
Thursday, July 11, 2013
#BUY HERE PAY HERE DEBT COLLECTION
CFPB Issues Stern Warning on Debt Collection
The Consumer Financial Protection Bureau (CFPB) announced that all companies under Bureau jurisdiction will be held accountable for unlawful conduct in collecting a consumer's debts.
The companies under the CFPB's watch include buy-here, pay-here dealers and auto finance companies.
The CFPB is now accepting debt collection complaints and is publishing action letters for consumers to consider using in corresponding with debt collectors.
The Bureau published two bulletins on debt collection. The first makes clear that any entity subject to the Consumer Financial Protection Act of 2010, whether a third-party collector or a creditor collecting its own debts, can be held accountable for any unfair, deceptive, or abusive practices in collecting a consumer's debts. The second warns companies to avoid deceptive statements concerning the impact of paying a debt on a consumer's credit score, credit report, or creditworthiness.
According to the first bulletin the following practices, among others, may be illegal:
Threatening action that the debt collector does not have the authority to pursue. Debt collectors and creditors should not make false threats of lawsuits, arrest, prosecution, or imprisonment for non-payment of debt.
Falsely representing the character, amount, or legal status of the debt. Debt collectors and creditors should not falsely represent who owns the debt, the amount of debt that is owed, or the debt's legal status.
Misrepresenting that a consumer's debt would be waived or forgiven. Debt collectors and creditors should not misrepresent that a debt would be waived or forgiven if a consumer accepted a settlement offer when the company is not, in fact, forgiving or waiving the debt.
Failing to properly post payments or credit to a consumer's account with payments. Debt collectors and creditors should not fail to properly post payments or credit to a consumer's account and then charge late fees to that customer if the customer paid on time.
Latest News
Firm Launches Fair Lending Training
The National Independent Automobile Dealers Association has endorsed the Wolters Kluwer Financial Services fair lending training program.
Wolters Kluwer Financial Services recently launched the program, which is targeted to the automotive, recreational vehicle, marine and powersports dealer industry.
Developed as a response to increased lender pressure and industry scrutiny of fair lending practices within the dealer marketplace, the training provides dealers with a comprehensive program to educate finance department personnel and equip them with fair lending standards needed to help them ensure compliance and maintain strong lender relationships.
The training program educates and tests users on key fair lending regulations, and provides them with a customizable fair lending policy to use in their dealership for ongoing operational compliance. The program also provides dealers with a template to manage and track standard exceptions for demonstrating compliance with exception policies to lenders.

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