JUNE 2012 THE CONSUMER FINANCIAL PROTECTION BUREAU: FAIR LENDING AT WORK Tim Lambert Senior Counsel, Office of Fair Lending and Equal Opportunity Consumer Financial Protection Bureau Note: This document was used in support of a live discussion. As such, it does not necessarily express the entirety of that discussion nor the relative emphasis of topics. FAIR LENDING AT WORK 1 THE DODD–FRANK ACT CREATED THE OFFICE OF FAIR LENDING AND EQUAL OPPORTUNITY Dodd-Frank defines “Fair Lending” as: • “fair, equitable, and nondiscriminatory access to credit for consumers.” DFA § 1002(13). Dodd-Frank mandates the creation of an Office of Fair Lending and Equal Opportunity with the following specified functions: • Provide oversight and enforcement of fair lending laws enforced by the Bureau • Coordinate efforts with Federal agencies and State regulators • Work with the industry, fair lending, civil rights, consumer and community advocates to promote fair lending compliance and education • Report to Congress on the efforts of CFPB to fulfill its fair lending mandate. DFA § 1013(c). FAIR LENDING AT WORK 2 CFPB’S KEY FAIR LENDING LAWS EQUAL CREDIT OPPORTUNITY ACT HOME MORTGAGE DISCLOSURE ACT • The ECOA prohibits creditors from discriminating in any aspect of a credit transaction against any applicant on the basis of race, color, religion, national origin, sex, marital status, age, receipt of income from any public assistance program, or exercising in good faith a right under the Consumer Credit Protection Act. • HMDA requires lenders to report individual mortgage loan data, including data on race, ethnicity, and sex. FAIR LENDING AT WORK 3 CFPB ADOPTS THE DISPARATE IMPACT DOCTRINE WAYS TO PROVE DISCRIMINATION UNDER ECOA OVERT DISCRIMINATION DISPARATE TREATMENT FAIR LE NDING AT WORK DISPARATE IMPACT 4 OFFICE OF FAIR LENDING FUNCTIONS HORIZONTALLY WITHIN CFPB Consumer Response Consumer Education & Engagement Discrimination Complaint Processing Procedures Consumer Education Research, Markets & Regulations Rulemaking Supervision Enforcement External Affairs Fair Lending Scoping Fair Lending Investigations Industry Outreach Fair Lending Litigation Civil Rights, Consumer, and Community Group Outreach The Markets Teams Discrimination Complaint Analysis Special Populations Work Research Fair Lending Exams OFFICE OF FAIR LENDING AND EQUAL OPPORTUNITY FAIR LENDING AT WORK 5 CONSUMER RESPONSE – DISCRIMINATION COMPLAINTS CFPB is receiving complaints regarding these products: Visit www.consumerfinance.gov/complaint/ to submit a complaint Or call 1-855-411-CFPB FAIR LENDING AT WORK 6 CONSUMER EDUCATION AND ENGAGEMENT Financial Education • Provide targeted educational content • Example: “Credit Discrimination is Illegal” Brochure Financial Empowerment • Enhance access to and knowledge of financial products and services among lower-income consumers Engaging consumers and empowering them to take control of their financial lives are top priorities for the CFPB. The Bureau aims to provide consumers with the information they need when they need it, so that they can achieve their own financial goals. OLDER AMERICANS SERVICEMEMBERS FAIR LENDING AT WORK STUDENTS 7 KNOW BEFORE YOU OWE FAIR LENDING AT WORK 8 FAIR LENDING RESEARCH RESEARCH TEAM MARKETS TEAMS •MORTGAGE & HOME EQUITY MARKETS • Create methodologies and provide analytical support for supervisory exams and enforcement actions • Provide research support for studies such as the §1077 Student Lending Report •CARD AND PAYMENTS MARKETS •INSTALLMENT & LIQUIDITY LENDING •DEPOSITS, COLLECTIONS & CREDIT INFORMATION FAIR LENDING AT WORK 9 FAIR LENDING REGULATIONS Amend ECOA – Reg B Amend HMDA – Reg C • Small Business Data Collection • Revisions to Reg C Amend TILA – Reg Z • abusive or unfair lending practices that promote disparities among consumers of equal credit worthiness but of different race, ethnicity, gender, or age FAIR LENDING AT WORK 10 FAIR LENDING SUPERVISION CONSUMER FINANCE MARKET Payday, mortgage and private student loans Banks Thrifts Credit Unions Covered persons that pose risks to consumers BANK “Larger Participants” in nonbank markets NONBANK FAIR LENDING AT WORK 11 FAIR LENDING RISK FACTORS Incentives Reliance on Third Parties Discretion Unusual Criteria Risk FAIR LENDING AT WORK Weak Compliance Management System 12 KEY AREAS FOR FAIR LENDING EXAMINATIONS Auto Loans Student Loans Mortgage Servicing Mortgage Origination Credit Cards Fair Lending Supervision & Enforcement FAIR LENDING AT WORK Small Business Loans 13 FAIR LENDING ENFORCEMENT Independent litigation authority and referral obligation under ECOA Coordination with the other federal enforcement agencies and state regulators • DOJ, FTC, HUD and State AGs Civil Investigative Demands and Administrative Hearing Authority FAIR LENDING AT WORK 14 FAIR LENDING OUTREACH PROMOTING FAIR LENDING COMPLIANCE AND EDUCATION AMONG: FAIR LENDING GROUPS CIVIL RIGHTS GROUPS COMMUNITY ADVOCATES CONSUMER ADVOCATES PRIVATE INDUSTRY FAIR LENDING AT WORK 15 CFPB AND THE OFFICE OF FAIR LENDING Tell your Story WORKING FOR YOU WORKING WITH YOU Submit a complaint Blog www.consumerfinance.gov Notice and Comment Ask CFPB WE WANT TO HEAR FROM YOU! FAIR LENDING AT WORK 16