Tuesday, May 26, 2015

CFPB Publishes its Spring 2015 Rulemaking Agenda


Last week, the CFPB published its Spring 2015 Rulemaking Agenda.  While very few definitive dates were provided, the Agenda does give some insight as to an expected time frame for several hot button issues:

Payday Lending:   As they indicated in their Outline of Proposals, the CFPB has convened a Small Business Panel and anticipates issuing a proposed rule in late 2015.

Auto Lending Larger Participants:  The CFPB has indicated that they intend to finalize a proposal early this summer to define “larger participants” in the auto lending market.

Prepaid Financial Products:  The CFPB expects to issue a final rule in early 2016.

Mortgage Servicing Rules:  The CFPB expects to issue a final rule in the spring of 2016.

Mortgage Reform for Smaller Creditors Serving Rural or Underserved Areas: A final rule is expected in the fall of 2015.

By the same token, there are several hot button issues for which no definitive time frame was provided:

Arbitration:  The CFPB has not committed to rule making only indicating that they are reviewing feedback that they have received and “considering whether rules governing arbitration clauses may be warranted.”

Debt Collection:  Many of us have anticipated that a proposed rule would be issued in 2015.  The CFPB has not committed to any such time line. Prerule activities are now anticipated to continue until the end of the year.   The CFPB indicates that they are obtaining responses to a consumer survey and are involved in qualitative testing to “determine what information would be useful for consumers to have about debt collection and how that information should be provided to them.”

Overdrafts:  No time frame has been provided.  The CFPB indicates that they are continuing to conduct additional research to assess whether rulemaking is warranted. 

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