In a vote last Thursday of 39 to 29 that fell largely along party lines, the House Financial Services Committee approved the Consumer Financial Protection Agency Act of 2009 (H.R. 3126), a core component of the Obama administration’s pursuit to overhaul the nation’s financial regulatory system.
Agency Would Protect Consumers From ‘Abusive’ Lending Practices
The approved legislation would create a new federal agency, the CFPA, to replace the current patchwork of regulatory bodies and which would have centralized oversight of various forms of consumer credit, such as mortgages and credit cards, as well as nonfederal private student loans.
The agency would have the authority to write new consumer protection rules in the arenas of lending and credit, to monitor banks and other financial institutions for compliance with these rules, and to penalize institutions for any infractions. The CFPA would also have the ability to ban products, marketing tactics, and other business practices that it deems “unfair, deceptive, or abusive.”
“The Consumer Financial Protection Agency will prevent predatory lending practices and other abuses and will ensure that consumers get clear information they can understand about financial products like credit cards and mortgages,” said President Obama, commending the House committee on its vote in support of the bill (“House Panel Backs Creation of Consumer Financial Protection Agency,” Los Angeles Times, Oct. 23, 2009).
The measure passed despite strong Republican opposition and forceful lobbying from banks and business groups.
“It’s not about protecting consumers; it’s about a new government bureaucracy making decisions for us,” said Rep. Spencer Bachus of Alabama, the ranking Republican on the House Financial Services Committee.
Oversight of Private Student Loans Urged
A broad coalition of student and consumer advocacy groups had been urging the House committee to pass this bill that would bring the CFPA’s oversight to the realm of private student loans — non-federally guaranteed education loans issued by banks and private lenders rather than by the Department of Education — that, until this year, had been steadily attracting more and more borrowers as families struggled to meet rising college costs.
“Private student loans are one of the riskiest ways to pay for college, yet a growing number of students have private student loans as well as, or instead of, federal student loans,” the groups wrote in a recent letter to Rep. Barney Frank, the Democratic chairman of the House Financial Services Committee (letter to Rep. Barney Frank regarding H.R. 3126, Oct. 7, 2009).
“Private student loans are expensive, mostly variable-rate loans that cost more for those who can least afford them,” the letter reads. “They lack the fixed rates, consumer protections and flexible repayment options of federal student loans, and are not financial aid any more than a credit card is when used to pay for textbooks or tuition.”
In addition to creating the CFPA, the approved legislation would grant new powers to the states’ attorneys general to assist in enforcing the agency’s rules and to allow them to write more stringent rules for companies within their own states.
The New York attorney general, Andrew Cuomo, who led a nationwide investigation last year into collusion and deceptive practices in the student loan industry, referred to private student loans as “the Wild West of lending” — and not without reason, says Lauren Asher, president of The Institute for College Access & Success, one of the signatories of the letter to Frank (“Bill to Expand Oversight of Private Loans Advances in Congress,” Chronicle of Higher Education, Oct. 19, 2009). “We hope CFPA will bring more law and order,” Asher said.
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