by Jeff Sovern We frequently write here about the Fair Credit Reporting Act because of its application to credit reports. But in fact, the FCRA applies to many non-credit transactions. Those transactions typically take one of two forms. In one form someone uses a credit report for something other than a lending decision. For example, […]
Category Archives: Credit Reporting
by Jeff Sovern Traditional consumer protection rules drew on law and economics models that assumed that consumers were rational and that when consumer markets functioned poorly, all that needed to be done was give rational consumers the ability to protect themselves. For example, the Truth in Lending Act's focus on disclosures presupposes that rational consumers would […]
by Jeff Sovern Tonight marks the start of the NFL draft, a time when hope blooms for all fans of an NFL team, because they can always suppose that their team has used the draft to get better–and many teams will. Many fans create wish lists–what they want for their teams. In that spirit, I […]
by Jeff Sovern Chris Willis of Ballard Spahr's CFPB Monitor recently blogged about whether disparate impact can properly be termed discrimination and therefore prohibited by ECOA. For those who don't know, courts generally recognize three ways to prove discrimination in violation of ECOA: direct evidence, disparate treatment (except in the Seventh Circuit) and disparate impact, or as […]
by Jeff Sovern Earlier this week, I commented on car dealer opposition to the CFPB's auto financing rules. Chris Willis replied on Ballard Spahr's informative CFPB Monitor Blog. I want to respond to two of Chris's points: first, that compliance, policing, and later enforcement steps will increase the cost of credit; and second, that dealers […]
by Jeff Sovern Here. The piece begins: Auto dealership advocates are warning that costs will rise for borrowers if the Consumer Financial Protection Bureau presses banks to curtail auto loan markups determined by dealers. The warning followed the CFPB's bulletin this week that said banks are responsible for discrimination if their partner dealers mark up […]
Ginger Chouinard of New Mexico has written The 'Other' Credit Report: What You Don't Know Can Hurt You. Here's the abstract: Nearly 90% of financial institutions use ChexSystems or similar account screening reports in their account opening process, yet they are under no duty to disclose this to consumers until an account is denied due […]
Raymond H. Brescia of Albany has written The Community Reinvestment Act: Guilty, but Not as Charged. Here's the abstract: Since its passage in 1977, the Community Reinvestment Act (CRA) has charged federal bank regulators with "encourag[ing]" certain financial institutions "to help meet the credit needs of the local communities in which they are chartered consistent […]
by Jeff Sovern Here. The first two sentences say: The U.S. Consumer Financial Protection Bureau has told at least four banks that it may sue them over vehicle loans and interest-rate markups by auto dealers that appear discriminatory, according to three people briefed on the matter. The banks received letters from the CFPB last week […]
Victimized by Credit Reports. An excerpt: Given the evidence, it is imperative that the federal government do more to make the credit-reporting process transparent and to protect consumers from errors that can drive up their borrowing costs and cause them to be denied jobs or be turned away by landlords. * * * * * […]