Letter in opposition the Office of the Comptroller of the Currency (OCC)’s proposal to unreasonably limit banks’ ability to decide not to serve particular entities.
Comments on Proposal to Rescind Ability-to-Repay Requirements Governing Payday, Vehicle Title, and Certain High-Cost Installment Loans, Docket No. CFPB-2019-0006
This case challenges Defendants’ conduct contracting with Plaintiff and other members of the general public for consumer installment loans, auto title loans, vehicle secured loans and other loans (hereinafter collectively referred to as “Consumer Loans”) in which usurious, excessive, unfair, unconscionable, and unlawful interest rates and other charges are imposed in violation of California and Utah law. Cal. Fin. Code. §§ 22750, 22302; 22303; Cal. Civ. Code § 1670.5; Utah Code §§ 15-1-1, 70A-2-302, 70C-7-106, 70C-7-201.
Underwriting for the ability to repay is at the core of responsible lending. For small-dollar lending and other forms of non-mortgage lending, these are some of the applicable federal statutes, regulations, and guidances that address appropriate underwriting to ensure responsible lending.
The undersigned small business, consumer and civil-rights groups write to express our deep disappointment and concern regarding the decision of the FDIC and OCC to file an amicus brief supporting a predatory small business lender that used a bank as a fig leaf to enable a 120% APR, $550,000 loan that the lender could not…