Categories
Compliance

FTC Amendments Strive To Keep Up with Technology

Steve Roennau Vice President Compliance EFG Companies
Contributing Author:
Steve Roennau
Vice President
Compliance
EFG Companies

In April, the Federal Trade Commission (FTC) published in the Federal Register its proposed amendments to the 2000 Privacy Rule and 2003 Safeguards Rule. The genesis of these amendments is based on the FTC’s enforcement experience, and are intended to keep pace with technological developments within the financial industry. The proposed revisions relevant to automotive lenders fall under the Gramm Leach Bliley Act (GLBA).

Changes to the Privacy Rule

Revisions to the Privacy Rule would result in two substantive changes:

  1. The scope and definition of “financial institution” was modified to include entities that are engaged in activities that are incidental to financial activities, to bring both rules into accordance with the CFPB’s Regulation P (Privacy of Consumer Financial Information).
  2. The annual privacy notice requirements were modified to implement statutory changes to the GLBA enacted by the Fixing America’s Surface Transportation Act (the FAST Act).

The FAST Act established that a financial institution is not required to provide an annual privacy notice under the Privacy Rule if it:

  • only shares NPI with nonaffiliated third parties in a manner that does not require notice of an opt-out right to be provided to its customers; and,
  • has not changed its privacy policies and practices with respect to the disclosure of NPI since it last provided a privacy notice to its customers.

The CFPB published a final rule to implement these statutory changes in September 2018. The FTC’s proposal would amend the annual notice requirements to bring it in line with the FAST Act and the CFPB regulations.

Categories
Business Growth

Battling the Squeeze

Mark Rappaport President Simplicity Division EFG Companies
Contributing Author:
Mark Rappaport
President
Simplicity Division
EFG Companies

The Federal Reserve recently signaled a pause in raising interest rates, citing concerns about a slowing global economy and sluggish consumer spending. However, these two economic factors have been countered by strength in labor numbers and strong consumer spending in the first quarter. When asked, economic prognosticators and financial pundits say the economy reflects the lens through which it is viewed.

From a lender’s perspective in the automotive space, there are some unique mitigating factors. New vehicle prices continue to rise, pricing some consumers out of the market. Even with relatively low interest rates available for prime buyers, loan terms extended to upwards of 84 months leave consumers uncharacteristically exposed.

For those consumers who pivot away from a new vehicle toward a low mileage used vehicle, the picture is not much better. Low inventory and steadily rising used car prices put prime buyers in competition with traditional sub-prime buyers. Even used car auctions have seen a rise in general consumers willing to take a risk on untested vehicles.

These micro-economic issues do not reflect the macro-economic concerns of tariffs, lengthening loan terms and default exposure.  A record 7 million Americans are 90 days or more behind on their auto loan payments, as reported by the Federal Reserve Bank of New York in February. This number is higher than during the wake of the financial crisis. Some economists warn that this is a red flag.

Given these factors, what levers are available for an auto lender trying to increase an auto loan portfolio?

Categories
Business Growth

Barely Banking: How To Grow Your Millennial Portfolio

Brien Joyce Vice President EFG Companies
Contributing Author:
Brien Joyce
Vice President
EFG Companies

The much-maligned Millennial demographic often gets dinged for their different approach to financial matters. With the advent of online payment methods, many in this generation rarely set foot in a bank or credit union. They don’t write checks; they demand direct deposit; and they transfer funds among friends electronically. So when it comes to financing a vehicle this group is often lacking connections to lenders. Unlike their parents, or grandparents, they don’t have a “banker.”

Recent research fielded by EFG Companies queried more than 500 Millennials across the U.S. about their banking habits and preferences. 68 percent utilize a traditional bank, nearly 26 percent use a credit union, and 6 percent do not use a bank at all. When asked about where they would go to get money for a vehicle, more than 30 percent said they would start with the dealership, and 12 percent said they had no idea. More striking, more than 60 percent had no idea of the benefits of financing through a credit union. This knowledge gap only complicates an otherwise sketchy financial situation for many Millennials.

According to a PwC survey, only 24 percent of Millennials surveyed could demonstrate basic financial literacy. Of those who have begun saving for retirement, a third said they were “not sure” how their money was invested.  As a group, their financial situations are not strong, having launched their lives later, strapped with student loan or other debt, with lower or missing FICO scores, and a history of postponing large financial purchases. In fact, according to the Project on Student Debt, 68 percent of 2015 bachelor’s degree recipients graduated with an average student loan debt of $30,100 per borrower.