Here, by Zach Despart. Excerpt: Three years later, the Trump administration and Colony Ridge are on the verge of resolving the case. But the $68 million proposed settlement provides no money for victims of the alleged scheme. Instead, it sets aside $20 million for policing and immigration enforcement — a provision that may be used […]
Category Archives: Predatory Lending
The Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDA) sets a national standard for interest rates that state-chartered banks may charge on loans, preempting state laws that cap interest at lower rates. The statute expressly authorizes states to opt out of the national standard for “loans made in such State.” In 2023, Colorado announced […]
Several states have adopted laws creating Property Assessed Clean Energy (PACE) financing systems for certain residential energy and home improvement projects. Under these programs, a homeowner borrows money to finance the project, and the loan is repaid through an assessment on the homeowner’s property tax bill. The lender’s lien generally has priority over mortgage liens, […]
Go to Ballard Spahr’s Consumer Finance Monitor podcast.
The Administration claims that the CFPB will have to shut down next year because it can’t ask the Federal Reserve for funds if the CFPB decides that the Federal Reserve isn’t operating at a profit (a claim being challenged in 3 different actions currently pending in federal district courts in California and the District of […]
The past week has seen the announcement of two proposals to weaken mechanisms for identifying and combatting discriminatory lending practices. Last week, the CFPB issued a proposal to amend Regulation B under the Equal Credit Opportunity Act, which would eliminate disparate impact claims, significantly narrow the prohibition on statements that would discourage applicants or potential […]
It’s titled Nickel and Dimed: How Payday Loan Apps Drain Workers’ Pay and How to Stop Them. Here’s CRL’s description: Payday loan apps are designed to be a debt trap – much like storefront payday loans. They both draw borrowers into a pattern of repeated borrowing and a succession of fees that pull from already-stretched paychecks, creating […]
When do investments by outsiders turn a tribal business into one that does not share in the tribe’s sovereign immunity? In a case decided today, the Third Circuit attempted to answer that question. The Fort Belknap Indian Community, a Montana-based Indian tribe, created a corporation called the Island Mountain Development Group, which manages another tribe-created […]
In the American Banker (behind paywall but available on Lexis). The essay is about how the CFPB is repeating the mistakes of the past. Excerpt: The Consumer Financial Protection Bureau is systematically removing guardrails designed to prevent abuses in the consumer finance market. With each retreat from its oversight obligations, the CFPB is expanding the opportunities for firms […]
Here at the Yale Journal of Regulation Notice and Comment blog. John Lewis is Deputy Legal Director at Governing for Impact. Excerpt: Much like the Trump Administration’s attempt to “dismantle and disable the agency entirely,” the administration’s latest effort to prevent CFPB from enforcing vital consumer protections is unlawful. Affected parties—those who stand to benefit from the […]