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Financial Services Law Insights and Observations

DFPI requests comment on CCFPL regulations

State Issues DFPI Consumer Finance State Regulators State Legislation UDAAP

State Issues

On February 4, the California Department of Financial Protection and Innovation (DFPI) released an Invitation for Comments on a proposed rulemaking to implement the California Consumer Financial Protection Law (CCFPL). As previously covered by InfoBytes, in September 2020, the governor signed AB 1864, which enacts the CCFPL and established the DFPI name change from the Department of Business Oversight. The CCFPL authorizes DFPI to establish rules relating to the covered persons, service providers, and consumer financial products or services outlined in the law. The invitation for comments describes specific topics for stakeholder consideration when providing comments, but DFPI notes that commenters may provide feedback on “any potential area for rulemaking.” Highlights of the topics for comment include:

  • Exemptions. Whether or not DFPI should clarify the scope of the entities exempt from CCFPL.
  • Registration Requirements. What industries should be required to first register with DFPI and what rules should be established to facilitate industry oversight, including records and reporting requirements.
  • Complaint Handling. What requirements DFPI should establish with regard to timely responses to consumer complaints and inquiries, including timelines and substance of response.
  • Consumer UUDAAP. Description of acts or practices that stakeholders believe qualify as “unlawful, unfair, deceptive, or abusive” in consumer transactions, including suggested “requirements DFPI should adopt to prevent the act or practice.”
  • Commercial UDAAP and Data Collection. Description of acts or practices that stakeholders believe qualify as unfair, deceptive, and abusive in the commercial space, and whether or not DFPI should define specific acts or practices as unfair, deceptive, or abusive. Additionally, whether or not DFPI should require the collection and reporting of commercial financing data.
  • Disclosures. Whether or not DFPI should prescribe rules covering the features of consumer financing disclosures and if so, what the requirements should cover.
  • California Credit Cost Limitations. Whether or not DFPI should clarify the applicability of state credit cost limitations, including rate and fee caps, to consumer financial products and services.

Comments must be submitted by March 8.

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