House Democrats Seek Clarity About CFPB’s Auto Finance Guidance
Legal experts and industry associations aren’t the only ones raising questions about how the Consumer Financial Protection Bureau intends to regulate auto lending. Now more than a dozen members of the U.S. House Financial Services Committee are looking for answers, too.
In seeking a response by next Friday, 13 House Democrats sent a letter to CFPB director Richard Cordray requesting details on how the bureau plans to enforce its guidance on discrimination in auto lending.
The letter concerns supervisory guidance the CFPB issued in March regarding discriminatory auto loans, which focuses on the legal theory of disparate impact. Auto Remarketing published details and reaction to the guidance here.
Led by Rep. Terri Sewell, the lawmakers asked for “any and all background information” about the CFPB’s investigation into alleged discrimination in auto lending, details on the methodology the bureau is using to determine discrimination and additional information on how lenders are expected to comply.
“As members of the House Committee on Financial Services, we recently learned that the Consumer Financial Protection Bureau (CFPB) is engaged in enforcement activity related to alleged disparate impact in auto lending,” Sewell wrote in the letter addressed to Cordray earlier this week.
“As representatives of both consumers and small businesses (auto dealers), we want to continue our work with you to ensure that lending practices in the auto, mortage and credit card industries are fair and equitable,” continued Sewell, who also is a chief deputy whip for the Democratic Caucus.
“We must also work to ensure that credit markets function competitively and efficiently so that our small businesses can grow,” she went on to write.
Along with Sewell, the letter also was signed by:
—Rep. David Scott of Georgia
—Rep. Joyce Beatty of Ohio
—Rep. Daniel Kildee of Michigan
—Rep. Lacy Clay of Missouri
—Rep. Patrick Murphy of Florida
—Rep. John Delaney of Maryland
—Rep. Gary Peters of Michigan
—Rep. Bill Foster of Illinois
—Rep. Ed Perlmutter of Colorado
—Rep. Denny Heck of Washington
—Rep. Kyrsten Sinema of Arizona
—Rep. Gregory Meeks of New York
“We respectfully ask that you provide us as members of Congress with any and all background information about the origination of and investigation into alleged practices within the auto lending industry,” Sewell said.
“We also would like to learn more about the allegations stemming from these investigations and the methodology the CFPB has adopted to determine whether fair lending violations exist. Specifically we would like to know the method the bureau is using to identify different groups of consumers, the factors it is holding constant to ensure its findings of pricing differential are attributable to a consumer’s background and the numerical threshold at which the bureau determines that disparate impact is present,” she continued.
“Further, we would like to learn more about the compliance expectations contained in the recent guidance the CFPB issued to indirect auto lenders on dealer compensation policies,” Sewell went on to state.
“We look forward to working with you in our effort to provide all Americans access to affordable and fair auto financing within a competitive marketplace,” she added.
The lawmakers’ letter to the CFPB can be downloaded here.
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