On June 10, 2015, the US Consumer Financial Protection Bureau published a rule that for the first time permits CFPB oversight over larger non-bank auto finance companies. The agency’s Supervisory and Examination Manual has also been updated to guide examiners who are monitoring compliance by auto finance companies with federal consumer financial laws (e.g., the Equal Credit Opportunity Act, the Truth in Lending Act, the Consumer Leasing Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act's prohibition on unfair, deceptive or abusive acts or practices).
The final rule extends the CFPB’s current oversight of auto financing at the largest banks and credit unions to any nonbank auto finance company that makes, acquires or refinances 10,000 or more loans or leases in a year. The final rule also defines additional automobile leasing activities for coverage by certain consumer protections of the
Dodd-Frank Act. While the CFPB has finalized the rule largely as proposed in September 2014, the final rule broadens the category of transactions involving asset-backed securities that are not counted toward the 10,000 transaction threshold and slightly modifies the definition of refinancing for the purpose of the threshold.
The CFPB rule will take effect 60 days after publication in the Federal Register.
The CFPB press release is available at: http://www.consumerfinance.gov/newsroom/cfpb-to-oversee-nonbank-auto- finance-companies/.
The final rule is available at: http://files.consumerfinance.gov/f/201506_cfpb_defining-larger-participants-of-the- automobile-financing-market-and-defining-certain-automobile-leasing-activity-as-a-financial-product-or-service.pdf and the Examination Procedures for Auto Finance are available at: http://files.consumerfinance.gov/f/201506_cfpb_automobile-finance-examination-procedures.pdf