Though CFPB is in flux, compliance efforts still benefit auto finance providers


Even before the wrangling over who will lead the Consumer Financial Protection Bureau intensified earlier this week, Craig Nazzaro emphasized that the heavy compliance lifting done by auto finance companies still has plenty of value.

Nazzaro, who is of counsel in the Atlanta office of Nelson Mullins Riley & Scarborough, made the point before a federal judge scheduled a hearing as the court conflict continues since Richard Cordray departed the CFPB at the end of November.

“I believe the controls that were put in place by the auto finance companies will remain valuable in the future,” Nazzaro said in a message to SubPrime Auto Finance News. “While the new director can have an immediate effect on the supervision and enforcement activities of the bureau, he cannot immediately repeal any rules and/or regulations.

“Those within the industry that have conformed to all guidance and/or updated their practices to be in line with various enforcement actions and continue to do so will remain positioned to be less of a CFPB target,” he continued. “I would caution against those in the industry who believe that a new director means that compliance with existing regulations can be relaxed. Remember that the CFPB is staffed with examiners and staff attorneys who believe in the bureau’s mission. That approach cannot be turned around on Day One.

“If your entity is non-compliant with regulations that are currently in place, you will still face a great deal of regulatory risk, no matter who the director is,” Nazzaro went on to say. “The biggest change, I believe, that we will see is that the CFPB should cease to overstep its authority. For example, we should not see any future rules with the scope we saw in the arbitration rule or enforcement actions with the new interpretation of industry practices with absurd fines like we did in the PHH matter.”

Undoubtedly, auto finance compliance department will be watching what develops out of the court system. Washington D.C. District Court Judge Timothy Kelly scheduled preliminary injunction hearing for Dec. 22 as the court clash continues between Mick Mulvaney, who President Trump installed as the temporary CFPB director; and Leandra English, who was selected the bureau’s deputy director just before Cordray departed on his way toward running for governor in Ohio.

In light of the attention the CFPB has created since its inception, SubPrime Auto Finance News asked Nazzaro if he was surprised, and why or why not, in the way Cordray departed the agency and how a new director was established.

“I was not surprised about the timing, but was surprised how haphazard the choice and promotion of Leandra English to deputy director seemed to be,” Nazzaro continued. “Director Cordray knew the choice and the manner of the promotion would be attacked, and the choice seemed to have very little strategic planning behind it, making it easier to attack.” 

Nazzaro also shared what element of the CFPB’s future he plans to watch the closest and why going forward.

“In the short term, I am interested in the pace and structure of the enforcement actions that are announced. I will be analyzing which entities they choose to move forward against and the severity of those actions,” he said.

“I am also looking forward to seeing if there will be a noticeable change in the tone and approach to their supervision activity,” Nazzaro continued.

“For the long term, I will be looking to see if the single director structure can be successfully challenged,” he went on to say. “The choice of Mick Mulvaney, the anti-Cordray, will wind up sustaining the partisan approach the CFPB has taken in years past and will not lead to even-keeled, logical regulation that the industry will need for growth.” 

TCPA update: Courts deliver mixed bag on customer consent and call outsourcing


Having increased in number each of the past seven years, lawsuits alleging violations of the Telephone Consumer Protection Act of 1991 (TCPA) continue to plague the consumer finance industry. As should be expected with an already complex statutory scheme, recent decisions have had a decidedly mixed effect, increasing potential exposure in some jurisdictions, while limiting it in others. The courts have generally focused on a couple of areas.

First, the bulk of the TCPA focuses on situations in which companies are required to obtain consent from consumers in order to use automated dialing equipment or pre-recorded voices to call consumer's cellular telephones (generally, marketing calls require written consent where non-marketing calls require oral consent). Most cases thus hinge on whether consent was given and when and how it was allegedly revoked. In one recent ground-breaking decision, Reyes v. Lincoln Automotive, the Second Circuit Court of Appeals held that consent may not be revoked where that consent forms part of the bargained-for exchange.

The borrower in Reyes financed the purchase of a car and signed a lease agreement which included a provision expressly permitting telephone calls made by prerecorded or artificial voice messages as well as calls using an automatic telephone dialing system. In affirming the denial of the borrower's TCPA claim, the Second Circuit concluded that if the decision led to the consumer finance industry including similar provisions in all consumer contracts — thereby arguably eviscerating the protections under the TCPA — that is a public policy issue that should be resolved by Congress.

While the Reyes decision was helpful to the industry, the Eleventh Circuit Court of Appeals reached a recent decision that was markedly less helpful. In Schweitzer v. Comenity Bank, the Eleventh Circuit found that a borrower was entitled to a jury trial on the issue of partial or conditional revocation of consent where she stated the following in a telephone call with her credit card company: “If you guys cannot call me, like in the morning and during the work day, because I'm working, and I can't really be talking about these things while I'm at work. My phone is ringing off the hook with you guys calling me.”

The trial court granted the lender summary judgment on the ground that the statement was so vague and unspecific that no reasonable jury could find that it effectively revoked her consent. The Eleventh Circuit overturned this decision and remanded the case for a jury trial. While the court acknowledged the logistical challenges that could arise from a lender's efforts to comply with such a complicated revocation, the court simply stated that a creditor can always decide to simply stop making telephone calls to the borrower at all.

Another issue receiving attention from courts across the country is third party or vicarious liability under the TCPA. These cases typically arise when a company outsources marketing activity to a third party.

The Ninth Circuit Court of Appeals just issued an opinion in Jones et al. v. All American Auto Protection, et al. that included a lengthy analysis on this very issue. The Court concluded that a company's liability for a third party's calls is a fact specific question that focuses on the control executed by the company. Rather than issue a bright line rule, the court cited ten factors that should be considered including, inter alia, the control and supervision exerted by the company, whether the third party is engaged in an independent business, whether the company provides tools and instrumentalities, and the length of the contract.

While the company avoided third-party TCPA liability in this specific case, the message is clear. Consumer finance companies must remain vigilant and require all third-party marketing companies with whom they contract to comply with the TCPA.

Dylan Howard is a shareholder in the Atlanta office of Baker Donelson. He has more than 13 years of experience defending banks, mortgage lenders, mortgage servicers and other financial institutions in trial and appellate cases in Georgia state and federal courts. He can be reached at

CFPB update: Auto finance bulletin now subject to Congressional review


The flurry of activity associated with the Consumer Financial Protection Bureau, its leadership and the regulation of auto financing intensified again this week.

On Tuesday, Washington D.C. District Court Judge Timothy Kelly scheduled preliminary injunction hearing for Dec. 22 as the court clash continues between Mick Mulvaney, who President Trump installed as the temporary CFPB director; and Leandra English, who was selected the bureau’s deputy director just before Richard Cordray departed on his way toward running for governor in Ohio.

Then, Thomas Armstrong, general counsel for the Government Accountability Office (GAO), delivered a letter to Sen. Patrick Toomey indicating that the bulletin the CFPB issued back in 2013 involving indirect auto financing and compliance with the Equal Credit Opportunity Act (ECOA) actually is a “rule” for purposes of the Congressional Review Act (CRA). This ultimately means that it must be submitted to Congress for review.

“GAO’s decision makes clear that the CFPB’s back-door effort to regulate auto loans, which was based on a dubious legal justification, did not comply with the Congressional Review Act,” said Toomey, a Pennsylvania Republican.

“GAO’s decision is an important reminder that agencies have a responsibility to live up to their obligations under the law,” he continued. “When they don't, Congress should hold them accountable. I intend to do everything in my power to repeal this ill-conceived rule using the Congressional Review Act.”

Part of what triggered the bulletin issued in March 2013 was the CFPB’s contention about discriminatory issues arising in connection with dealer markup when a customer applies for financing through the dealership’s F&I office to the store’s network of finance companies.

Armstrong explained that the CFPB discusses the legal theories under which indirect auto finance companies that are determined to be creditors under ECOA could be held liable for pricing disparities on a prohibited basis when such disparities exist within an indirect auto lender’s portfolio. 

Armstrong wrote in the letter available here that, “In its final section, the bulletin states that indirect auto lenders ‘should take steps to ensure that they are operating in compliance with the ECOA and Regulation B as applied to dealer markup and compensation policies,’ and then lists a variety of steps and tools that lenders may wish to use to address significant fair lending risks.”

Armstrong made several other points in the letter to Toomey that could interest finance companies and dealerships.

“At issue here is whether a nonbinding general statement of policy, which provides guidance on how CFPB will exercise its discretionary enforcement powers, is a rule under CRA. CFPB states, and we agree, that the Bulletin ‘is a non-binding guidance document’ that ‘identifies potential risk areas and provides general suggestions for compliance’ with ECOA and Regulation B.  Moreover, the bulletin is a general statement of policy that offers clarity and guidance on the bureau’s discretionary enforcement approach,” Armstrong wrote.

Armstrong also explained that the CRA excludes three categories of rules from coverage, including:

—Rules of particular applicability

—Rules relating to agency management or personnel

—Rules of agency organization, procedure  or practice that do not substantially affect the rights or obligations of non-agency parties

“CFPB did not raise any claims that the bulletin would not be a rule under CRA pursuant to any of the three exceptions, and we can readily conclude that the bulletin does not fall within any of the those exceptions. The bulletin is of general and not particular applicability, does not relate to agency management or personnel, and is not a rule of agency organization, procedure or practice,” Armstrong wrote.

“The bulletin is a general statement of policy designed to assist indirect auto lenders to ensure that they are operating in compliance with ECOA and Regulation B, as applied to dealer markup and compensation policies.  As such, it is a rule subject to the requirements of CRA,” he went on to state.

Depending on how lawmakers assess the bulletin, plenty of action could involve the CFPB director; a position that has been in flux since Cordray said he would be departing the bureau.

Kelly’s decision is continuing the matter that initially triggered a ruling on Nov. 28 against English in her motion for a temporary restraining order against Mulvaney as acting director of the CFPB.

No matter what happens in court, Consumer Bankers Association president and chief executive officer Richard Hunt continues to maintain how the bureau should be led by more than just a single person.

“We look forward to working with acting CFPB director Mick Mulvaney to bring transparent and balanced consumer protections to all customers and small businesses. Many actions conducted previously by the CFPB as well as those that are pending warrant a thorough review and we support Mr. Mulvaney’s previous comments concerning a five-person bipartisan commission,” Hunt said.

“If the CFPB were structured as a bipartisan commission, as originally intended, we could have avoided this circus,” Hunt continued. “A Senate-confirmed, bipartisan commission at the CFPB would ensure consumers benefit from a fair and accountable rulemaking process. Having a sole director structure, with unilateral rulemaking authority, does not provide the long-term stability and certainty consumers deserve.”

3 finance companies settle with NYC’s consumer agency for more than $300K


Back in October, New York Mayor Bill de Blasio signed a package of legislation giving the city’s Department of Consumer Affairs (DCA) additional regulatory muscle to combat what officials described as “predatory financing practices in the used-vehicle industry.”

While those new laws go into effect in February, DCA already showed it’s ready to flex its power, finalizing settlement agreements last week with three auto finance companies that specialize in subprime paper — Credit Acceptance Corp., Clover Commercial Corp., and Westlake Financial Services.

The settlement is associated with contracts containing rates as high as 24.9 percent booked through a group of Brooklyn independent dealerships. In total, DCA secured $311,260.57 in restitution for 50 consumers.

In May, DCA charged the dealerships — USA1 Auto Sales, Lenden Used Car Sales, D&A Guaranteed Auto Sales and Linden Used Cars — and their owners with deceptive and unlawful trade practices, including misleading consumers about the price of vehicle, concealing and misrepresenting the terms of sale and financing and failing to inspect the vehicles.

Officials explained Credit Acceptance, Clover Commercial and Westlake Financial Services have agreed to:

— Reimburse $311,260.57 to 50 consumers who were in high-interest agreements with the dealerships and whose contracts were assigned to the finance companies. Consumers who owe money will receive a credit to their account and any amount beyond what is owed will be paid via check. Consumers who no longer owe any money will also receive a check

— Provide restitution to eligible consumers who file new complaints about USA 1 Auto Sales, Lenden Used Car Sales, D&A Guaranteed Auto Sales and Linden Used Cars before March 11, allowing even more consumers the opportunity to benefit from the agreements

— Safeguard consumers by requesting that consumer reporting agencies delete any negative information that was reported in an effort to help repair the consumers’ damaged credit

 DCA encouraged consumers who allegedly were harmed by these dealerships to file a complaint before March 11 so that they can potentially be included in the settlements and receive restitution.

“Thanks to DCA’s efforts, all three financing companies have agreed to pay restitution to consumers who were burdened with exorbitant interest rates on loans they received through these deceptive dealerships,” DCA commissioner Lorelei Salas said.

“The city will not tolerate predatory financing and sales practices. We will continue to hold dealerships and financing companies accountable in an effort to protect innocent New Yorkers from purchasing unusable cars and loans that place excessive financial burdens on themselves and their family members,” Salas continued.

DCA currently licenses 666 dealerships and has received nearly 5,800 complaints from consumers about dealerships during the past four years. Officials indicated the complaints range from instances of forgery on contracts to a dealership’s failure to provide material disclosures to consumers.

As a result of the mediation of consumer complaints, investigations and settlements, DCA has secured more than $2.7 million in consumer restitution and assessed nearly $1.8 million in fines against dealerships over the past three years.

In March, DCA announced charges against Major World, one of the largest independent dealerships in the city with multiple locations in Queens, for engaging in deceptive financing and sales practices that resulted in predatory financing targeting immigrants and New Yorkers with low incomes. Enforcement is one prong of DCA’s efforts to combat these predatory practices, which also includes education and advocacy.

And as mentioned earlier, New York’s mayor got into the fray during the fall as the laws de Blasio signed require dealerships to post a Consumer Bill of Rights and to disclose other information about the vehicle price and financing terms; provide required notices to the consumer in the language used to negotiate the contract; and provide consumers with the option to cancel their contract within two business days of the sale.

This package of legislation was introduced by council member Rafael Espinal Jr., chair of the council committee on consumer affairs, council member Dan Garodnick, and council member Jumaane Williams, following a public hearing hosted by Salas and Espinal.

New training certification program available for VSC professionals

LONG BEACH, Calif. -, which offers education programs for sales and customer service reps in various consumer-centric industries, on Thursday announced the availability of its Certified Vehicle Protection Professional (CVPP) certification program. explained that it established the CVPP program via the Academy of Certified Vehicle Protection Professionals (ACVPP) to recognize individuals who demonstrate the requisite knowledge required to responsibly and effectively market vehicle service contracts (VSCs) to consumers. has also produced and launched a branded version of the CVPP certification program for the vehicle service contract industry trade association Vehicle Protection Association (VPA) and its member companies.

 “We’re excited to introduce the new CVPP certification that was created with VSC industry experts to accurately validate the very specialized industry knowledge and skills of sales and customer service employees of vehicle service contract marketers,” said Laurence Larose, president of

“Professionals are looking for a way to demonstrate and promote their skills by earning a certification that is a distinct indicator of their deep industry knowledge and VSC marketing companies also benefit from the rigor and integrity of the CVPP training and exam process,” Larose continued.

Vehicle service contract sales and customer service professionals who would like to be CVPP certified must complete the online CVPP training module and certification exam.

More details can be found at

2 users describe positive outcomes using MBSi’s Recovery Connect platform


A pair of users who have deployed Recovery Connect, MBSi’s next generation recovery assignment management platform, described the successes each one has enjoyed with the solution.

To recap, the Recovery Connect mobile app can connect finance companies with recovery agents in real-time allowing both to make decisions related to asset recovery, transport and remarketing, regardless of whether the finance company uses a direct or forwarding company assignment strategy.

Justin Zane, co-founder of Clearplan, confirmed the improvements in data integrity and the importance of timely information for agents using Recovery Connect.

“Our users immediately noticed the Recovery Connect data from MBSi was more accurate and could be confidently relied upon to make decisions in the field, which isn’t necessarily the case with the integrations from other platforms,” Zane said.

MBSi explained the recovery professional in the field oftentimes is several systems removed from the finance company’s collection system of record which causes an individual to manually enter crucial account information from system to system. Errors are easily copied from one system to another, which creates compliance complications with finance company’s downstream processes, such as sending the Notice of Intent to Sell and redemption forms. When coupled with delays, the finance company is unable to recall a recovery in the field due to receiving payment and wrongful repossessions occur.

In addition to preventing wrongful repossession, MBSi highlighted that Recovery Connect can open up opportunities for the client to improve processes that have traditionally plagued finance companies.

Once a recovery agent recovers a vehicle, the information gathered in the mobile app enables the lender to start processing the recovery, verify storage location, send Notice of Intent to Sell letters, arrange for transport and optimize remarketing channels. Each process can be started within minutes, not days, of the recovery.

Here are some of the unique features, and how they can help finance companies improve their processes: 

• Pre-Recovery Status Check: ensures that the field agent has the latest account status prior to recovery and restricts access to recovery capabilities if the assignment is “closed” or “hold.”

• On Hook: Status that immediately notifies lenders when an asset is recovered and to not accept payment.

• Storage Lot Validation: Directs asset to only be stored in an approved and inspected storage lot through MBSi’s integration with Recovery Industry Services Company (RISC).

• Agent Compliance: Ensure that field agents who come in contact with consumers have proper training and certifications, and block assignment access for any agency or field agent who falls out of compliance.

• Quick Update: Recovery agents review and update assignment information. Updates are immediately sent back to the forwarder and/or finance company.

• Instant Condition Report: Images and data gathered through the recovery process produces a detailed condition report and photos available within minutes of the repossession.

“The Recovery Connect mobile app allows the agent to take pictures creating vehicle condition reports within minutes of the recovery which save us, as well as our agents, countless hours,” said Josh Elias, president of Del Mar Recovery, one of the nation’s leading forwarding companies.

“For Del Mar, it is more than condition reports. It has eliminated wrongful repossessions caused by the delay in information passing through various industry software platforms. Regardless of the software system the agent uses, we can immediately update the field agent when our clients change an assignment status,” Elias continued.

The Summer Supervisory Highlights from the Consumer Financial Protection Bureau recognized the importance of timely information and the use of “a system that requires repossession agents to verify that the repossession order is still active immediately prior to repossessing the vehicle, for example, through a specially designed mobile application for that purpose.”

Cort DeHart, corporate strategy manager of MBSi, reiterated why this tool can accomplish what the CFPB described and more.

“The success of the Recovery Connect deployment lies in the groundwork that was laid,” DeHart said. “For more than two years, MBSi worked with lenders, forwarders, skip tracers, routing platforms, LPR providers, transport companies and other vendors in the industry to make the necessary real-time web service connections that allows all participants in recovery process to have the same information at the same time.”

Since deployment in May, Recovery Connect has been adopted by more than 1,500 recovery companies, with more than 5,000 users using the mobile app daily. These users have now successfully completed more than 200,000 vehicle recoveries using the mobile app saving countless hours and improving recovery compliance.

To learn more about how Recovery Connect potentially can streamline data flow and eliminate wrongful repossessions, go to

RISC makes comprehensive repossession lot inspection reports available


The leadership at Recovery Industry Services Co. (RISC) heard panel discussions and networking dialogue from industry participants during Used Car Week about the importance of compliance for third-party vendors. The situation reinforced why RISC rolled out its latest offering on Tuesday.

RISC’s Lot Inspection Service includes current reports on more than 1,500 recovery companies that collectively operate more than 3,000 recovery storage lots nationwide. Together, RISC estimated these lots store more than 95 percent of the repossessed vehicles recovered throughout the United States each year.

“Regardless of a lenders assignment strategy, annual inspections can be difficult to schedule, perform and maintain. In turn, the repossession company gets inundated with inspection requests from forwarders and lenders taking valuable time away from repossessions they need to perform,” RISC founder Stamatis Ferarolis said.

“This coupled with variations in reports drove the initiative for RISC to perform and maintain standard lot inspections across the country,” Ferarolis continued.

RISC’s Lot Inspection Service includes:

—Office inspection
—Vehicle security
—Key storage and security
—Personal property security
—IT security

Ferarolis emphasized that two industry problems are solved with this solution.

First, the finance company can be alleviated from managing this portion of the vendor vetting process mandated by the Consumer Financial Protection Bureau.

Second, the recovery agency is relieved of the burden of having multiple lenders inspect the same lot.

“RISC’s Lot Inspection Service saves time and resources for all parties,” Ferarolis said, “and provides the lender with a single source to quickly, and economically, gain access to current, comprehensive lot inspections on every lot in which a consumer’s vehicle may be stored.”

Inspectors must complete Inspector Education, RISC’s proprietary training program. This training was developed specifically for repossession lot inspectors to ensure an objective report of the property. Each report is accessible online so it is easy for lenders to gather the necessary documentation required by auditors or third party regulators such as the CFPB.

Between now and the end of the year, finance companies can take advantage of RISC’s free vendor compliance analysis. This vendor analysis will provide the lender with a snapshot of their vendor’s compliance status, which will include information on lot inspections as well as business license, insurance, background checks and other vital compliance data.

To sign up and get your free analysis, go to

Traffic Control CRM upgrades tool to handle ‘We Owe’ and other F&I fulfillments

DELAND, Fla. - 

Traffic Control, a solution for dealers retailing 50 to 150 vehicles a month, this week announced new features for improving multiple F&I-related steps to enhance deal cash flow, employee efficiency and customer satisfaction.

Traffic Control CRM now features e-document technology integrated with RouteOne to pull finance company stipulations so F&I can prepare and submit to lenders all required deal paperwork first time for faster contract decisioning and deal funding.

For most dealers, about half of all deals will require finance company stipulations. Traffic Control CRM now can ensure that F&I managers know what finance company stips for a deal will require, from proof of residency and employment to a marital separation decree and more, so clean deals are presented first time.

“The days of chasing contracts to get deals funded — of risking customer retention because of conflicts over ‘We Owe’ promises, and seeing customer zeal wane as F&I managers go in and out to photocopy and scan deal jacket items, is over,” said Brendan Hurley, co-founder of Traffic Control CRM, and owner/operator of Hurley Chrysler, Jeep, Dodge and RAM.

“F&I means more than finance and insurance, it also stands for finish it, because the dealer doesn’t get his or her money if the deal’s not done,” Hurley continued. “As one dealer told me recently, ‘I’m lost in a sea of paperwork, and none of it is money.’ Enhanced Traffic Control CRM reduces the paperwork clutter and delay and turns it into more money.”

Ending that “sea of paperwork” also includes capturing We Owe’s electronically, with customer signature attached, so these promises are instantly accessible by and available to service advisors or any authorized individual to review.

“If our dealership is like others, you’re writing We Owe’s on most every deal, documenting something we owe the customer or they owe us toward the deal. Any time there are questions or lack of clarity about those promises we risk tanking customer satisfaction. Traffic Control CRM now eliminates that confusion and delay,” Hurley said.

Traffic Control’s new e-Doc feature can create digital deal jackets populated with:

• Contract
• We Owe
• Lien release
• Buyers order
• Aftermarket product purchases
• Vehicle title
• Drivers’ license and vehicle registrations
• Insurance card
• Actual cash value statement
• Down payment
• Hold check

Traffic Control CRM also provides customers with digital copies of their completed deal jacket on thumb drive, via email, and via text link to a secure microsite.

These features are for a short time a complimentary upgrade to Traffic Control CRM users. For more information, contact Mike Donaldson at or (888) 992-4588.

CFPB’s 7 principles for consumer-authorized financial data sharing and aggregation


The Consumer Financial Protection Bureau recently offered its assessment regarding a potential information path auto finance company collectors and recovery professionals might use during the skip-tracing process to mitigate delinquencies and potential charge-offs.

The CFPB outlined seven principles for when consumers authorize third-party companies to access their financial data to provide certain financial products and services. Bureau officials insisted these principles are intended to help foster the development of innovative financial products and services, increase competition in financial markets and empower consumers to take greater control of their financial lives.

The principles discussed by the bureau included:

—Data scope and usability
—Control and informed consent
—Authorizing payments
—Access transparency
—Ability to dispute and resolve unauthorized access
—Efficient and effective accountability mechanisms

The CFPB acknowledged many companies, including “fintech” firms, banks and other financial institutions, get authorization from consumers to access their account data that reside in separate organizations to provide a variety of products and services. These include fraud screening and identity verification, personal financial management, and bill payment.

Bureau officials concede such products and services could help consumers make smarter spending, savings and investment decisions and live their lives more efficiently and effectively. The bureau said it has been studying consumer-authorized data access and issued a Request for Information in 2016 to gather feedback from wide range of stakeholders.

The CFPB noted that it received feedback from large and small banks and credit unions, their trade associations, aggregators, “fintech” firms, consumer advocates and individual consumers.

“The Consumer Bureau recognizes that while consumer-authorized data sharing promises great benefits to consumers, there are many consumer protection challenges to be considered as these technologies continue to develop,” officials said. “The Consumer Bureau advocates strongly for consumer control of the consumer’s data and transparency.

“At the same time, the Consumer Bureau emphasizes the importance of data security and privacy. Based on the Consumer Bureau’s 2016 Request for Information, as well as other stakeholder outreach, the Consumer Bureau understands that some key industry stakeholders are working on improvements to consumer-authorized data access. These improvements relate to the agreements, systems and standards involved in consumer-authorized data access,” they continued.

The CFPB insisted that it will continue to closely monitor developments in this market and will also continue to assess how these principles may best be realized.

The bureau pointed out these principles do not establish binding requirements or obligations relevant to the agency’s exercise of its rulemaking, supervisory or enforcement authority. In addition, officials added that they are not intended to alter, interpret or otherwise provide guidance on existing statutes and regulations that apply in this market.

Lastly, although the bureau emphasized that it stands ready to facilitate constructive efforts or to take other appropriate action to protect consumers, the principles are not intended as a statement of the bureau’s future enforcement or supervisory priorities.

“These principles express our vision for realizing an innovative market that gives consumers protection and value,” CFPB director Richard Cordray said.

The complete report is available here.

UPDATED: Verifacto partners with Berkshire Risk Services to monitor CPI coverage


Risk management technology provider Verifacto finalized a partnership with Berkshire Risk Services, a collateral protection insurance (CPI) company for dealers and auto finance companies.

Through the partnership with Berkshire Risk Services, Verifacto — one of the new exhibitors coming to Used Car Week — now can enable its clients to place a CPI policy and manage the entire placement and removal process. The companies highlighted an important compliance component is embedded into the software, controlling and enforcing finance companies to follow the compliance requirements for each state.

Verifacto developed an automated software as a service solution to minimize the finance company overhead managing and controlling the CPI process.

Verifacto’s technology is designed to improve the way lienholders track the insurance status and customer’s insurance risks. The platform includes an interactive dashboard with built-in email and SMS functionality, enabling dealers and auto finance companies to send insurance notices to customers in the event that they have insurance deficiencies or cancellation of their existing insurance policy.

“The new CPI Program combined with innovative technology, enables us to improve upon our mission of providing secure solutions for our clients to manage and mitigate their lienholder responsibilities, while maximizing their financial and operational efficiencies and profits,” Verifacto chief executive officer Hezi Moore said. “Providing our clients with the most advanced CPI management and control work-flow solution, will improve upon our overall value propositions in what we can offer automotive dealers and auto finance companies.”

Enrique Castiblanco, vice president of sales of Verifacto, added, “We have first-hand and immediate knowledge when a customer defaults on their insurance, and we’re the perfect partner to help lenders place CPI and minimize risk. This program also helps customers to get back into compliance on their car loans.

“We’re excited to bring to the market a CPI solution that is efficient and embedded with compliance control to protect lenders,” Castiblanco went on to say.

And now that technology is being leveraged by Berkshire Risk Services.

“Berkshire Risk Services CPI solution enables us to improve upon our mission of providing secure solutions for our clients to manage and mitigate their lienholder responsibilities, while maximizing their financial and operational efficiencies and profits,” Moore said.

“By partnering together to provide our clients with this particular CPI management and control work-flow solution, we’ll improve upon our overall value propositions in what we can offer automotive dealers and auto finance companies,” Moore went on to say.