CFPB Payday Rules Expected Within Weeks
The CFPB expects to issue its proposed rules governing payday, auto title and similar loan products within the next several weeks, the agency said in its revised regulatory agenda.
The proposed rules will cover such areas as the failure by lenders to determine whether consumers have the ability to repay without defaulting or taking out an additional loan, the agency said. In addition, the proposed rules will cover certain payment collection practices.
More than 100 million payday loans are issued each year, which often carry annual percentage rates of 300% to 500%, according to Nick Bourke, director of the Small Dollars Loan Project at the Pew Charitable Trusts.
Credit unions have expressed concern that in attempting to rein in predatory lending, the CFPB might also place restrictions on loan products they offer as alternatives to such loans.
As part of its pre-rulemaking activities, the agency is also considering potential regulations for overdraft services on checking accounts. The CFPB said a 2013 study found several concerns, including how consumers opt in to overdraft coverage for ATM and one-time debit card transactions, overdraft coverage limits, transaction posting orders practices, fees charged for overdrafts and involuntary account closures.
“The CFPB is continuing to engage in additional research and has begun consumer testing initiatives relating to the opt-in process,” the agency said.
The agency is expected to issue final rules this summer governing prepaid accounts, such as general purpose reloadable cards as well as final rules covering mortgage servicers.
In addition, the CFPB said it expects to issue proposed rules that would make small changes to and provide further regulatory guidance concerning required mortgage disclosures sent to consumers.
The agency is also developing proposed rules regulating debt collection practices.
“The federal government for many years has received more consumer complaints about debt collectors than about any other single industry,” the agency said in its revised regulatory agenda.
The CFPB is continuing its rulemaking activities to establish its nonbank supervisory authority by defining larger participants of certain consumer financial markets. The bureau said it expects to focus on markets for consumer installment loans and vehicle title loans. The agency is exploring the idea of requiring registration of such non-depository lenders.
The bureau also said it is working particularly intensely to streamline and modernize data reporting requirements in the Home Mortgage Disclosure Act.