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Federal Financial Reform Implications for Texas and Consumers Bankers CRA Roundtable Breakfast Federal Reserve Bank of Dallas San Antonio, TX September 30, 2010 Don Baylor, Jr. OpportunityTexas™ What CPPP Does Improving public policies to better the economic and social conditions of low- and moderate-income Texans. Creating economic opportunity to strengthen families and grow the middle class; Increasing access to quality, affordable health insurance; Helping families meet basic needs; Enhancing child well-being and child protection; Ensuring effective public administration; and Securing fair and adequate taxation to pay for critical public investments in Texas. RAISE Texas • Statewide network working to support and expand asset-building activities in Texas, with a focus on low- and moderate-income areas. • Committed to building financial success of Texans through financial education, IDAs, children's savings accounts, community tax centers, and other programs that lead to increased economic security and prevent asset stripping. What is OpportunityTexas? CPPP Roles & Strengths: RAISE Texas Roles & Strengths: • • • • • • • • Advocate CPPP Policy development Research & Data Analysis / SFAI Communications RAISE Texas Opportunity Texas Technical Assistance Advisor Grassroots Network Convener-Collaborator OpportunityTexas • Creates a new platform for engagement on savings, college access and success • Catalyzes action & innovation • Advances and links public and private asset building efforts • Targets new audience (higher education, business and state agencies) • Expands to cover important opportunity policies not areas of focus for CPPP, RAISE Texas, or other statewide efforts • Ex.: IDA-matched savings accounts for targeted HHS populations Dodd-Frank Wall Street Reform & Consumer Protection Act “To promote the financial stability of the United States by improving accountability and transparency in the financial system.” “To ensure American consumers get the clear, accurate information they need to shop for mortgages, credit cards, and other financial products, and protect them from hidden fees, abusive terms, and deceptive practices.” Consumer Financial Protection Bureau: The New Consumer Federal Architecture Director, CFPB Office of Fair Lending and Equal Opportunity [OFLEO] Community Affairs Office of Service Member Affairs Research Office of Financial Education [OFE] Complaints Office of Financial Protection for Older Americans [OFPOA] Private Student Loan Ombudsman Consumer Protection Functions Centralized OCC OTS FTC Federal Reserve Bank FDIC CFPB FRB HUD NCUA Consolidation of Major Federal Consumer Protection Laws CFPB to implement Federal consumer financial laws, including: • Alternative Mortgage Transaction Parity Act of 1982 • Consumer Leasing Act of 1976 • Electronic Fund Transfer Act (except sec. 920) • Equal Credit Opportunity Act • Fair Credit Reporting Act (except sec. 615(e) and 628) • Home Owners Protection Act of 1998 • Fair Debt Collection Practices Act • Federal Deposit Insurance Act (sec. 43,subsections b-f) • Gramm-Leach-Bliley Act (sec. 502-509, except sec 505 as it applies to sec. 501(b) • Home Mortgage Disclosure Act of 1975 • Home Ownership and Equity Protection Act of 1994 • Real Estate Settlement Procedures Act of 1974 • S.A.F.E. Mortgage Licensing Act of 2008 • Truth in Lending Act • Truth in Savings Act • Omnibus Appropriations Act, sec. 626 • Interstate Land Sales Full Disclosure Act 9 CFPB: Who Is Covered? Others as Defined by Rule Other Financial Institutions (Rulemaking Only) Offer Private Student Loans Covered Persons Very Large Financial Institutions Offer Payday Loans Mortgage Originators, Brokers, and Servicers CFPB: What Is Covered? Others as Defined Stored Value (limited) Certain Financial Advising (credit counseling and debt management or settlement) Covered Financial Products or Services Remittances Check Cashing, Check Collection, or Check Guaranty Credit Reporting Debt Collection Real Estate Settlement What CFPB Does Not Include • • • • • • • Auto Dealers (General) Attorneys Accountants Real Estate Brokers Tax Preparers Insurance Companies/Agents, & Authority to Impose Usury Limits Prohibiting Unfair, Deceptive, Abusive Acts/Practices (sec. 1031) • • • • CFPB: – authorized to take action to prevent unfair, deceptive or abusive act or practice; – may write rules identifying as unlawful, unfair, deceptive, or abusive acts/practices. Unfairness – – Act or practice causes/likely to cause substantial injury which is not reasonably avoidable; – Substantial injury not outweighed by countervailing benefits to consumers or competition; Abusive – – Materially interferes with ability of a consumer to understand a term/condition of product/service; – Takes unreasonable advantage of • lack of understanding of risks, costs, conditions of product/service; • Inability of consumer to protect the interests of the consumer in selecting/using product/service; • Reasonable reliance to act in the interests of the consumer. CFPB will consult with banking and other agencies on consistency of proposed rule with the prudential, market or systemic objectives of such agencies. 14 Mortgage Reform & AntiPredatory Lending Act • • • • Establishes the “Qualified Mortgage” Requires Documentation for Ability to Repay Resets HOEPA (high cost loan) threshold Prohibits prepayment penalties for “nonqualified” mortgages • Bans “Steering” Incentives • Prohibits Current Yield Spread Premiums • Gives CFPB authority to prohibit mandatory arbitration, pending study Enhancing Financial Capability (Office of Financial Education) • Financial Counseling • Better access to: – Financial coaching – Savings and credit services at FIs – Services to prepare consumers for educational expenses, debt reduction, – Long-term savings strategies – Wealth-building and financial services to claim EITC and federal benefits Credit Reports and Scores • Scores are required to be collected under HMDA, along with age and origination channel. • Consumers are now allowed free access to scores if their scores negatively affected them in a financial transaction or hiring decision (credit score disclosure). • CFPB authorized to conduct regular examinations of large credit bureaus to evaluate their compliance with the law, including the Fair Credit Reporting Act. Enhanced Consumer Data Collection & Reporting ► CFPB Research Unit ► Consumer Economic Behavior ► Access by Underserved Communities ► HUD/CFPB Default and Foreclosure Database ► Making Home Affordable Program Report ► M/W/SBE Credit Application Tracking ► Federal Report/Study on Credit Scores Variation ► Federal Report on Private Education Loans ► Expanded Mortgage Loan Data Requirements ► Annual Report on General-Use Prepaid Cards in Federal, State, or Local Government-Administered Payment Programs FFR & Asset Building Title XII: Increasing Access to Mainstream Financial Institutions • Affordable Access to Small-Dollar Loan Products – Small Dollar Loan Grant Program (<$2,500) – Community Development Financial Institutions (CDFIs) Loan-Loss Reserve Fund – CDFI Technical Assistance • “Bank On USA” Grant Program – Enrollment in Checking, Savings & Investment Accounts – “Wealth building” Activities Implications for State Policy • Texas Attorney General – Broader authority to enforce state law and CFPB regulations vs. federal banks – Bring action vs. state-chartered banks for federal violations • Texas Department of Housing & Community Affairs – Drive the “qualified mortgage” market – Granted larger role in homeowner counseling • Texas Appraiser Licensing and Certification Board – New Registration Requirements – Eligible for Federal Compliance Grants • Office of Consumer Credit Commissioner – identify and refer bad actors to CFPB – Receive and Act upon federal referrals • State Resolutions Can Drive Federal Rulemaking (25+1) • States can be grantees/partners for “Bank On” activities New Opportunities for Financial Institutions • Enhancing Financial Capability = (Education + Product + Consumer Protection ) • Rebirth of New Savings Initiatives • New Partnerships with K-12 System • Enhanced Connections with Community Tax Centers and Opportunity Centers • Expansion of Banking Outreach • Small Dollar Loans • “Race to Clarity” (Disclosures) The Year Ahead • CFED Assets Learning Conference, September 22-24, Washington, D.C. (www.cfed.org) • William P. Hobby Policy Conference, September 23-24, Austin, TX (www.cppp.org) • RAISE Texas Policy Conference, December 2010, Austin, TX (www.raisetexas.org) • OpportunityTexas Launch, December 2010 • 82nd Legislature, January 2011 (www.cppp.org) Use of This Presentation The Center for Public Policy Priorities encourages you to reproduce and distribute these slides, which were developed for use in making public presentations. If you reproduce these slides, please give appropriate credit to CPPP. The data presented here may become outdated. For the most recent information or to sign up for our free E-Mail Updates, visit www.cppp.org. © CPPP Center for Public Policy Priorities 900 Lydia Street Austin, TX 78702 P 512/320-0222 F 512/320-0227