Washington, DC – Today, House Financial Services Committee Chairman
Barney Frank (D-MA) released the following memo to members of the House
Financial Services Committee:
January 21, 2010
MEMORANDUM
TO: Members, Committee on Financial Services
FROM: Chairman Barney
Frank
RE: Inaccuracies about CFPA Exemptions
Some inaccuracies have appeared in the press about
institutions exempted from the reach of the Consumer Financial Protection
Agency in the House-passed financial reform bill. For instance,
yesterday’s New York Times reported that it “exempted smaller community banks,
credit unions, retail merchants …”. Not true. All of those
institutions will be subject to all rules issued by the agency with respect to
the extension of credit. They also will be subject to agency enforcement.
The exemption for smaller financial institutions is only with respect to
examination which will continue to be the responsibility of the institutions’
prudential regulators. However, the CFPA will have back-up inspection
authority and may independently take enforcement action. And even this
exemption is limited to institutions with less than 2% of bank assets.
Importantly, the new agency will also have authority
with respect to the now lightly or unregulated institutions such as pay day
lenders and check cashers firms which are especially important to lower income
families. It also will have authority over independent mortgage brokers
and lenders that led the industry in issuing subprime and abusive option ARM
mortgages.