AFSA Comments on the Bureau’s “Inherited Regulations”

AFSA submitted a comment letter on June 25 on the Bureau’s inherited regulations. As part of its “call for evidence,” the Bureau of Consumer Financial Protection sought comments and information to assist it in considering whether it should amend the regulations or exercise the rulemaking authorities that it inherited from other federal agencies. Under the acting director, the Bureau is critically examining its policies and practices to ensure they align with the Bureau’s statutory mandate.

AFSA’s comment letter focused on the Equal Credit Opportunity Act (ECOA); debt collection; unfair, deceptive, or abusive acts or practices; and electronic disclosures. The letter stated, “We hope that the Bureau: recognizes that the disparate impact doctrine is not applicable under the ECOA, modernizes and clarifies certain provisions of the [Fair Debt Collection Practices Act], provides meaningful guidance as to what constitutes an ‘abusive’ act or practice, and reviews regulations regarding electronic disclosures."