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Court Stays Compliance Date for BCFP’s Payday Rule

By Preston H. Neel & Jennifer L. Galloway on November 9, 2018
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Court Stays Compliance Date for BCFP’s Payday RuleOn Tuesday, the small-dollar lending industry received a favorable ruling in Community Financial Services Association of America v. CFPB. A Texas federal court reversed course by staying the August 19, 2019, compliance date for the Bureau of Consumer Financial Protection’s (BCFP) rule regarding “Payday, Vehicle Title, and Certain High-Costs Installment Loans.” The court also continued a stay on the underling litigation previously issued on June 12, 2018. This latest ruling was prompted by the BCFP’s October 26, 2018, announcement that it would revisit key portions of the rule — specifically, the ability-to-repay provisions and address the compliance date of the rule as early as January 2019. Judge Lee Yeakel had previously denied the parties’ request to stay the rule’s compliance date in June. At that time, the industry trade groups Plaintiff Community Financial Services Association of America, Ltd. and the Consumer Services Alliance of Texas were hoping to stay the compliance date for 455 days after any final judgment in the case.

Unfortunately, the court failed to specify how long the stay on the rule’s compliance date will remain in place, only finding it was “pending further order of the court.” Our best guess is that the court will keep the stay in place at least through March 1, 2019, when the parties’ next joint status report is due. By then, the BCFP’s new proposal should be issued. What is unclear is whether any parts of the existing rule, e.g., the payment provisions, will still be tied to the August 19, 2019, compliance date when the stay is lifted. The BCFP has indicated that it will address the compliance date as part of the new proposal, but that may be a hard sell to consumer advocate groups. It is certainly possible that the August 19, 2019, compliance date will still be in play for some parts of the rule. For that reason, lenders should begin focusing their attention on the payment provisions until further guidance is issued from the court or BCFP.

Photo of Preston H. Neel Preston H. Neel

Preston Neel is a member of the firm’s Litigation and Banking and Financial Services practice groups. His practice concentrates on representing financial institutions and mortgage companies in civil litigation. Preston defends causes of action including alleged violations of TILA, RESPA, FDCPA, and FCRA.

Preston Neel is a member of the firm’s Litigation and Banking and Financial Services practice groups. His practice concentrates on representing financial institutions and mortgage companies in civil litigation. Preston defends causes of action including alleged violations of TILA, RESPA, FDCPA, and FCRA. He also litigates cases throughout the Southeast involving allegations of predatory lending, wrongful foreclosure, breach of contract, and deceptive trade practices. View articles by Preston

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Photo of Jennifer L. Galloway Jennifer L. Galloway

Jennifer Galloway’s practice is dedicated to helping financial services clients successfully navigate increasingly complex regulatory and business environments. She is co-chair of Bradley’s Small Dollar and Unsecured Consumer Lending team and focuses on consumer financial services laws and regulations affecting banks, non-depository banks…

Jennifer Galloway’s practice is dedicated to helping financial services clients successfully navigate increasingly complex regulatory and business environments. She is co-chair of Bradley’s Small Dollar and Unsecured Consumer Lending team and focuses on consumer financial services laws and regulations affecting banks, non-depository banks and other financial institutions. Jennifer provides skilled regulatory guidance and detailed knowledge of the laws impacting both traditional and innovative lenders in the consumer financial services market, with considerable experience in online consumer lending. Her compliance work includes assisting clients with developing, implementing and maintaining compliance management systems, performing internal compliance audits for clients, preparing clients for outside audits, as well as preparing related lending documents and disclosures. She also counsels financial services companies regarding CFPB preparedness, implementation and operational strategies for complying with the CFPB’s regulations, and assists in defending regulatory enforcement actions.

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  • Posted in:
    Financial
  • Blog:
    Financial Services Perspectives
  • Organization:
    Bradley Arant Boult Cummings LLP
  • Article: View Original Source

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