Industry Groups Continue to Oppose CFPB Ruling on Installment Loan
Small-dollar lending industry groups have filed a motion of preliminary injunction to stop the decision of the Bureau of Consumer Financial Protection on installment loans from taking effect from next year.
The motion attempts to put a stop to the ruling. And also expose the huge losses that installment loan lenders will incur if the Bureau’s ruling fully takes effect.
Some small businesses are scaling back to comply with the Bureau of Consumer Financial Protection’s new regulation on small-dollar loans. This is according to a statement by Plaintiff’s press release and the Community Financial Services Association of America (CFSA).
The BCFP’s ruling has prompted installment loan businesses to lay off employees due to the high financial costs incurred.
Small-dollar lenders are more concerned about protecting their businesses. And as the Bureau continues to reconsider the rule, these lenders look to entirely put an end to this ruling even before it kicks off.
The motion aims at safeguarding small businesses from incurring extra costs and even protects them from laying off staffs or shutting store due to the high costs incurred.
In October 2017, the BCFP published what should be a final rule, imposing more stringent stipulations for auto title loans and other high-cost installment loans with balloon payments.
But in January 2018, the Bureau announced its reconsideration of the published rule, under the leadership of a new leader and acting director, Mick Mulvaney.
There were over a million comments on the initial rule issued by the BCFP opposing the statement, including comments from thousands of customers that are beneficiaries of auto title loans.
As reported by ACA International, Community Financial Services Association of America (CFSA) filed a lawsuit sometime last year. The lawsuit alleges that the proposed rule violates the Administrative Procedure Act.
The suit was aimed at protesting the rule that was implemented by the former director, Richard Cordray.
The preliminary injunction which was filed on 14th September 2018 will allow BCFP to look into the initial ruling and reevaluate how the rule will affect borrowers.
This move is so that all borrowers of all credit class will continue to have access to vehicle title loan services pending when the rule will be properly sorted out.
The injunction which enlists Mick Mulvaney as the plaintiff in the complaint is legally acceptable and is expected to thrive on the merits of the law.
The reason is that the original rule is illicit and unauthorized, possibly due to whimsical resolutions by the Bureau. Considering the ACA’s point of view in the motion, the BCFP’s strategy was inappropriate.
There is hope that under new leadership, a more appropriate procedure will be implemented.
Any new regulation under this procedure will be both realistic and also a solution to an actual problem instead of complicating an existing one.
Buy this injunction; any proposed solution by the Bureau should be consistent with the necessary legislative guidelines and also based on actual market facts.