Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

CFPB and DOJ Caution Auto Industry on SCRA Protections

By Keith S. Anderson, C. Meade Hartfield & Andrew J. Narod on August 8, 2022
Email this postTweet this postLike this postShare this post on LinkedIn
CFPB and DOJ Caution Auto Industry on SCRA Protections

Auto finance companies and others in the auto space should take note of a recent joint letter issued by the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) about the legal protections under the Servicemembers Civil Relief Act (SCRA). In the letter, CFPB Director Rohit Chopra set out that “[t]he CFPB is closely monitoring the auto finance industry to ensure that servicemembers and their families are being treated fairly.”

The letter outlined three main provisions that the auto world should be aware of:

  1. Wrongful vehicle repossessions – The SCRA prohibits repossession of a car during a period of military service unless there is a court order or if the car loan was incurred before the period of service. There is no notice requirement from the borrower for this protection as the auto finance company has the burden of identifying whether the borrower is protected. Verification can be conducted via the Defense Manpower Data Center (DMDC) website.
  • Failure to terminate vehicle leases without penalty – Under the SCRA, a servicemember can terminate motor vehicle leases early without penalty after entering service or upon receiving qualifying permanent change of station (PCS) or deployment orders. When servicemembers terminate motor vehicle leases, the SCRA requires that they be refunded all lease amounts paid in advance after the effective date, including “capitalized cost reduction” amounts.
  • Interest rate benefits – If a loan was incurred prior to service, the SCRA limits the interest rate to 6% upon a proper request from the servicemember. The amount above 6% must be forgiven and not merely deferred and applied retroactively back to the date of SCRA eligibility. This provision of the SCRA requires a written notice from the servicemember during the period of service or within 180 days of leaving service. 

The joint letter noted that many servicemembers carry higher auto loan debt at younger ages due to their need for transportation on military bases and are commonly targets for predatory lending practices. The DOJ is directly responsible for enforcing the SCRA, whereas the CFPB monitors complaints and can enforce unfair, deceptive, or abusive practices against servicemembers. 

The joint letter should serve as a reminder to auto finance lenders and servicers to have a robust SCRA compliance program as the DOJ and CFPB will be watching.

Photo of Keith S. Anderson Keith S. Anderson

Keith Anderson is a litigation and labor & employment partner and concentrates his practice on representing financial institutions in the financial services industry, as well as representing employers in employment matters. He has handled multiple litigated matters under the FLSA, ADA, ADEA, FMLA…

Keith Anderson is a litigation and labor & employment partner and concentrates his practice on representing financial institutions in the financial services industry, as well as representing employers in employment matters. He has handled multiple litigated matters under the FLSA, ADA, ADEA, FMLA and claims of discrimination and retaliation, as well as counseling employers on compliance and effective employment policies.

Read more about Keith S. AndersonEmailKeith's Linkedin Profile
Show more Show less
Photo of C. Meade Hartfield C. Meade Hartfield

Meade Hartfield has represented clients nationwide in a variety of industries, including financial services, drug and medical device, automotive, aviation, industrial equipment, insurance, and environmental. Her financial services practice includes representing financial institutions and mortgage companies in defensive litigation matters throughout the country.

Meade Hartfield has represented clients nationwide in a variety of industries, including financial services, drug and medical device, automotive, aviation, industrial equipment, insurance, and environmental. Her financial services practice includes representing financial institutions and mortgage companies in defensive litigation matters throughout the country. View articles by Meade.

Read more about C. Meade HartfieldEmailMeade's Linkedin Profile
Show more Show less
Photo of Andrew J. Narod Andrew J. Narod

Andrew Narod is an experienced litigator who represents bank and non-bank financial services institutions and other types of businesses in class-action litigation, complex commercial litigation, and other high-profile litigation disputes nationwide. His clients entrust him to navigate some of their most sensitive litigation…

Andrew Narod is an experienced litigator who represents bank and non-bank financial services institutions and other types of businesses in class-action litigation, complex commercial litigation, and other high-profile litigation disputes nationwide. His clients entrust him to navigate some of their most sensitive litigation matters in some of the most difficult venues in the country.

Read more about Andrew J. NarodEmailAndrew's Linkedin Profile
Show more Show less
  • Posted in:
    Financial
  • Blog:
    Financial Services Perspectives
  • Organization:
    Bradley Arant Boult Cummings LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo