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Financial Services Law Insights and Observations

CFPB Succession: CFPB drops payday lawsuit, new CRA measures introduced in Congress

Federal Issues CFPB Succession Payday Lending Congressional Review Act Auto Finance

Federal Issues

On March 22, Senator Moran, R-Kan, with 15 GOP co-sponsors introduced a resolution under the Congressional Review Act to block the CFPB’s Bulletin 2013-02 (Bulletin) on indirect auto lending and compliance with the Equal Credit Opportunity Act (ECOA). The resolution follows a December 2017 letter issued by the Government Accountability Office (GAO) to Senator Pat Toomey (R-Pa.) stating that the Bulletin is a “general statement of policy and a rule” that is subject to override under the CRA, previously covered by InfoBytes here.

On the same day, Senator Graham, R-SC, introduced a resolution to overturn the CFPB’s final rule addressing payday loans, vehicle title loans, and certain other extensions of credit. A similar resolution was introduced in the House in December 2017 by a group of bipartisan lawmakers. As previously covered by InfoBytes, while acting Director Mick Mulvaney has suggested he would not seek his own repeal of the Bureau’s rule but may “reconsider” it, he has expressed his support for the Congressional measures to block the rule. Additionally, according to media reports, the CFPB has recently dropped a case against an online payday loan company and Mulvaney is currently reviewing whether to continue three other investigations into lenders of similar products.

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