After announcing several years ago that it intended to pick up with fair lending enforcement in the indirect auto finance market where the CFPB left off, the New York Department of Financial Services has announced two consent orders with smaller, New York-chartered banks based on the allegation that allowing auto dealers to negotiate the retail prices of retail installment contracts resulted in a disparate impact on the basis of race and national origin.… Continue Reading

In July, the CFPB proposed amendments to Regulation Z (TILA) and Regulation X (RESPA) to implement various provisions of the Dodd-Frank Act.   Those proposals included an expansion of the definition of “finance charge” to include additional charges, and a new test for determining when a mortgage meets the APR trigger for a “high-cost mortgage” to offset the expanded finance charge. … Continue Reading