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Opportunities in a Challenging Auto Lending Market

The recent Federal Reserve Beige Book offered an interesting perspective for the auto lending market. Uncertainty around trade policy was pervasive across all 12 districts, with the majority showing flat to down growth. Non-auto consumer spending was lower overall – but most districts saw moderate to robust sales of vehicles.

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Compliance

Consumers Keen on Compliance

Earlier this summer, the Consumer Financial Protection Bureau (CFPB) shared its initial findings from the Auto Finance Data Pilot, an initiative designed to monitor the auto loan market for consumer risks. The pilot involves collecting data from nine large auto lenders, representing a cross-section of the market. The CFPB found that consumers who financed negative equity from a prior vehicle into a new auto loan were more likely to have their account assigned to repossession, larger auto loans, lower credit scores, lower income, and longer loan terms.

Some consumer advocate groups have urged the bureau to go farther, capturing auto lending data on buy-here/pay-here dealerships and predatory lending targeting military servicemembers. According to a letter sent to the bureau, the Consumer Federation of America, the National Consumer Law Center and Americans for Financial Reform Education Fund urged the bureau to do the following:

  • collect data on auto financing from credit unions, so that the Bureau can compare outcomes of consumers who financed directly with a credit union with similarly situated consumers who obtained an “indirect loan” from a credit union through a dealership
  • expand the data collection requirements to apply to “Buy Here Pay Here” dealerships, and to evaluate their use of pre-dispute arbitration agreements, as the Consumer Groups believe that these dealerships may cause consumer harm that goes unchecked
  • collect data concerning auto leases to ensure that dealers pass tax credits on to consumers who lease clean vehicles
  • collect data related to “language access, including language preferences, ease of accessibility, translation efforts, and other customer service practices.”
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Compliance

Here to Stay

Recently, the Supreme Court reversed a decision by a federal appeals court in Louisiana, rejecting a challenge concerning the constitutionality of the funding structure of the Consumer Financial Protection Bureau (CFPB). The case originated from a challenge by industry groups to a “payday lending” rule issued by the CFPB in 2017. By approving the CFPB’s funding from the Federal Reserve, rather than through the congressional appropriations process, the ruling protects the agency from future funding threats.

Reinvigorated by the Supreme Court’s decision, the independent agency, which is responsible for enforcing consumer finance laws, has shown signs that it intends to move forward with all activities—rulemaking, investigation, and enforcement—at full speed. Agree or disagree with their role and existence, the CFPB is here to stay and credit union leaders should make sure they are in full compliance.

In a recent interview with NPR, CFPB director Rohit Chopra provided some insight into the agency’s mission, approach to consumer protection and fraud investigation. Born out of the Great Recession, the CFPB receives over 200,000 consumer complaints each month and works to address financial scams and fraud. In fact, the agency plans to issue a delayed auto lending report, outlining the results of its inquiry into the portfolios of nine auto lenders. While the specific details regarding the content of the report are not yet available, anticipated topics will include affordability, practices in loan servicing and collections, as well as competition among subprime lenders.