Category: Government Regulations

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F&I Government Regulations

Are you frustrated with CFPB’s compliance guidelines?

Contributing Author: Steve KleesIf you attended NADA, or have simply been following industry news, you know that compliance is this year’s hot topic. In the first quarter of 2013, the Consumer Financial Protection Bureau (CFPB) threw a monkey wrench into standard auto financing practices, causing everyone to rethink the way they do business. They announced their intention to aggressively seek out lenders whose practices could be deemed discriminatory under Regulation B from the Equal Credit Opportunity Act (ECOA).

This regulation prohibits both intentional discrimination and practices that seem neutral but result in negative impact to customers in a protected class. According to the ECOA, customers could fall into a protected class based on their race, color, religion, national origin, sex, marital status, and age, among others.

While the CFPB stated that they would commence audits leading to legal action against lenders, their guidance bulletin left a lot to be desired. In essence, they instructed lenders to either:

  • eliminate dealer pricing discretion; or,
  • constrain dealer pricing discretion by monitoring dealership practices and using “controls” to force dealerships to adjust their practices.

Throughout the rest of 2013, lenders and dealers alike continued to ask for clarification on what those “controls” should be and for CFPB’s auditing process. Almost a year has passed with limited clarification. Now, NADA has come out with guidelines on how dealerships can remain compliant. They also provide two options:

Option One

Establish a means of dealer compensation where the establishment of finance income does not vary on a customer-by-customer basis. To accomplish this, dealerships would charge each customer a fixed rate. This rate could be a flat fee, a fixed percentage of the amount, or a fixed number of basis points over the wholesale buy rate.

While this option makes it very easy to remain compliant, it hampers the dealerships ability to offer competitive pricing, which also limits the customer’s ability to shop for the best value.

Option Two

Start with Option One, by establishing a pre-set amount of compensation, such as with a fixed number of basis points over the wholesale buy rate. Then, allow for downward adjustments of that amount should a pre-determined condition occur, such as:

  • the customer is not able to make the monthly payment based on the preset amount;
  • the customer has a better offer somewhere else;
  • the dealer has a promotional offer extended to all customers;
  • the transaction is eligible for a lower interest rate from the manufacturer or other finance source;
  • the customer is eligible for a dealer incentive program; or,
  • documented inventory reduction considerations.

Option two gives dealerships more leeway to negotiate, but necessitates extensive dealership practices to ensure discrimination as defined by the CFPB is not allowed. What may be keeping you awake at night is that all transactions that deviate from the published policy must be recorded and documented – and we all know how meticulous F&I departments are with details. The rest of NADAs guidelines include steps to ensure this option will keep dealerships compliant with Regulation B from the ECOA.

What this means for you

While these guidelines were meant for dealerships, they offer an excellent starting point for lending compliance practices, as well. As your dealerships determine which option is best for their business, it is equally important that you complete your due diligence. So ask yourself:

  • Do I have written compliance procedures?
  • Do I have standardized forms for indirect consumer loans?
  • Do my employees who interact with dealerships undergo formal compliance training at least once a year?
  • Do I monitor and document all training, forms and compliance efforts?
  • Do I have a compliance officer or department who is not in any way involved in the loan approval process?

Each one of these elements is vital in explaining pricing disparities that might lead to potential violations. Keep these suggested guidelines in mind when you consult your legal counsel regarding your compliance initiatives. In addition, consider including compliance in your discussions with your dealership partners. Formalize a process and accountability system for your employees should they discover a discrepancy with a dealership. Implement a formal auditing process for both your institution and your dealership partners.

You probably already have many of these measures in place, but haven’t sufficiently connected them with CFPB’s guidelines. Consulting with your legal counsel is the best place to start taking the frustration out of CFPB compliance.

With over 36 years in innovating and implementing proven go-to-market strategies in the dealership space, EFG Companies understands the balance between ensuring complete compliance, and retaining and building profit margins. That balance lies in the value proposition. Which is why EFG structures its products and services to not only provide value to you, but also dealerships and the end-consumer. Our unmatched client-engagement model goes well beyond simple product innovation to mitigating liability through superior claims processes, and continuous training and auditing practices.

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Business Growth F&I Government Regulations

What’s Your Value Proposition for 2014?

Contributing Author: Steve KleesWhen you walk into a dealership, what value do you bring to the F&I office besides another loan for which their customers may qualify? In 2014, F&I managers across the country are concerned with three hot buttons:

  • Compliance
  • The Consumer Financial Protection Bureau (CFPB)
  • Maximizing profitability

As entities like the CFPB increase the pressure on compliance practices, F&I managers have a difficult job on their hands to balance compliance with profitability. The best way to separate your loan from the competition is to help them with this balance. How do you do this?

Understand your role in compliance culpability. As seen recently, the CFPB is targeting both financial institutions and dealerships for discriminatory practices. In December, they ordered Ally Financial to repay $80 million to consumers, whom the CFPB alleges were discriminated against. If you haven’t already, it’s time to evaluate your processes in approving auto loans to ensure your own compliance.

Provide clear standards for loan approvals. This not only helps with compliance, but helps F&I managers ensure that they submit well-qualified customers for your loans. You know your qualifications, but how well do F&I managers? Look at how often you deny auto loans. If that number is high, it could be because your standards are unclear to the F&I officer.

Provide more options to F&I managers. Traditionally, when you approve a loan, the F&I manager marks up your interest rate to help increase their profit margin. This very practice is what is under intense scrutiny by the CFPB. So, consider stepping outside tradition and provide options to maximize profit by structuring your loan with complimentary consumer protection products. By offering products such as vehicle return or a vehicle service contract, you set the stage for the F&I manager to upsell those products and get a greater share of the return. Offering complimentary products with upsell opportunities neatly nullifies compliance issues and increases profit for both you and your dealership partners.

With over 36 years in innovating and implementing proven go-to-market strategies in the dealership space, EFG Companies understands the balance between ensuring complete compliance and increasing profit. That balance lies in the value proposition. Which is why EFG structures its products and services to not only provide value to you, but also dealerships and the end-consumer. Our unmatched client-engagement model goes well beyond simple product innovation to mitigating liability through superior claims processes, and continuous training and follow-up.

Learn how EFG can take your value proposition to the next level in 2014.

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Banner Government Regulations

Make CFPB Exposure a Non-Issue

Make CFPB Exposure a Non-Issue

Contributing Author: John PappanastosWith the Consumer Financial Protection Bureau (CFPB) threatening to crackdown on what they deem as predatory auto loan practices, dealers and financial institutions alike are scrambling to make sure they are compliant with the fair lending requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The CFPB was created in July 2010 in an effort to consolidate most Federal consumer financial protection authority in one place.  To-date, the thrust of the CFPB’s oversight has been on rooting out deceptive advertising and sales practices, including misrepresentation of products or product costs, and enrolling customers in products or programs without their consent.   In general, the laws prohibiting these practices are not new; however, the CFPB has also stepped up efforts to eliminate discriminatory practices.  Take the following example:

Sally, a subprime borrower, walks into a dealership to purchase a car. Her F&I manager submits the paperwork to several lending institutions, who then decide to extend a rate on the loan. The interest rate offered by the lender to Sally reflects the higher risk in a loan to an individual of Sally’s credit worthiness.  The F&I manager presents Bank ABC’s rate to Sally, but what she doesn’t know is that, after getting the bank’s rate, her F&I manager increased it with the intention of the dealership participating in the lending profit.  No problem so far.

However, a discriminatory practice occurs if the F&I manager marks up Sally’s interest rate by a greater amount than the dealership typically marks up the bank’s “buy rate” for other customers, even if Sally has few other options to finance her vehicle purchase and is willing to accept the interest rate presented by the dealership.  The fact is that the bank’s buy rate already appropriately reflects the risk in a loan to Sally and the cost to the dealership associated with financing Sally’s purchase is no different than that associated with every other customer.   If the F&I manager increased the rate more for Sally than he would have for another customer because of her race, gender, ethnicity, or any other protected class, then his actions could be deemed discriminatory and both the dealership and Bank ABC could be held liable.

Some questions have arisen from lenders as to whether the sale of F&I products, such as extended vehicle service contracts, could increase their liability.  Not surprisingly, subprime lenders have asked the question most frequently as they were the proverbial “scapegoat” held responsible by many for the latest recession.  As sub-prime lenders expect to be targeted first and monitored most closely by the CFPB, it makes sense for them to double check every process and procedure to ensure compliance.

Lenders who partner with consumer protection product administrators that understand the depths of their business and the regulation that goes with it don’t have to worry.  Organizations like EFG Companies (EFG), that hold administrative licenses in every state for the sale of F&I products, have made compliance a core facet of their business, influencing everything from product development to claims and client support.

The sale of vehicle service contracts and GAP policies are some of the most highly regulated products by the states.  As long as the seller’s advertising and sales practices are sound, the responsibility for compliance actually lies with the contract administrator.

As noted previously, the majority of legal hot spots to-date concerning the sale of consumer protection products fall within marketing and advertising, where companies may inappropriately use deceptive language regarding actual product benefits, the cost of the product, or eligibility.  Advertising and sales practices are deemed sound on multiple bases.  The products available for discretionary purchase should be presented to all prospective buyers.  The features, coverages and eligibility requirements as well as the cancellation and refund policies associated with the products should be fully disclosed.  And the incremental cost associated with each product should be fully disclosed in an uncomplicated manner.

With engagement from F&I product providers that embody dependability and integrity, lenders can rest assured that their loan buyers and their dealership partners are presenting their products accurately and fairly.  EFG goes above and beyond to mitigate liability by developing customized go-to-market execution plans for each client.  This effort begins with a comprehensive review of the client’s existing processes and leads to joint agreement with the client with respect to a well-defined blueprint for compliant – and profitable – implementation.  EFG then creates customized training curriculum and conducts interactive training with the client’s field sales force and credit analysts, supported by ongoing monthly audits, to ensure that compliance pitfalls are avoided.

Sub-prime lenders have a great opportunity to bundle their loans with F&I products to increase profit per transaction.  However, lenders should keep these considerations top of mind when selecting their product administrative partners:  their operating history and customer service brand recognition in the marketplace, their compliance focus and capabilities, and their liability structure.  Whomever they choose as their partner must be strong in all three areas to provide the level of service and compliance expected from a trusted partner.