CARD Reform Acceleration Moves Forward
Efforts to move up the effective date of the Credit CARD Act of 2009, to December 1, 2009 from February and July 2010 are moving forward, approved by the House Committee on Financial Services. In a unanimous vote, the Committee approved HR 3639, the Expedited CARD Reform for Consumers Act of 2009. Under the version approved by the Committee last week, prepaid gift cards would retain the February 2010 effective date, as would credit card issuers with fewer than 2 million accounts.
Financial Regulatory Reform Moves Out of Committee
The House Financial Services Committee on Thursday voted to approve the Consumer Financial Protection Agency Act, HR 3126.
The legislation is changing in significant ways as it moves through the legislative process. Among the revisions from the administration's original plan, the Committee's approved version would vest authority over the proposed Consumer Financial Protection Agency in a single director, as opposed to a 5-member board. The approved version of the legislation also includes a compromise on federal preemption, which permits the federal regulator to preempt state consumer financial protection laws only after a written finding that the state law “prevents or significantly interferes” with a federally regulated bank or thrift’s exercise of its powers.
Push Is On to Accelerate CARD Reform
The U.S. House Committee on Financial Services is considering recently-introduced legislation, called the Expedited CARD Reform for Consumers Act of 2009, to accelerate the effective date of the Credit CARD Act of 2009. Certain provisions of the CARD Act became effective in August 2009. The Expedited CARD legislation would amend the effective date of the remaining provisions of the CARD Act to December 1, 2009 from February and July 2010.
The Expedited CARD legislation also identifies specific CARD Act provisions to accelerate, including: reviews of past interest rate increases under Section 148(d) of the Truth in Lending Act (15 U.S.C. 1665c(d)); the requirement that penalty fees be reasonable and proportional to the violation, Section 149(b) of the Truth in Lending Act (15 U.S.C. 1665d(b)); and gift card consumer protection provisions.
Powers of the Proposed Consumer Financial Protection Agency
Subpart F, sections 161 through 166, of the Consumer Financial Protection Agency Act of 2009 (HR 3126, July 8, 2009) provides for the transfer of broad areas of power to regulate consumer financial protection functions from a variety of federal agencies and the Federal Reserve to the proposed Consumer Financial Protection Agency.
In general, the CFPA would have the authority and accountability to supervise, examine, and enforce consumer financial protection laws, including mortgages, credit cards, student loans, auto loans, payday loans, and more. The Act would transfer functions and personnel to the new CFPA and provide for interim powers for the Secretary of Treasury pending the establishment of the CFPA and the completion of the transfer of powers and people.
Financial Regulatory Reform Moving Forward
Legislation for federal financial regulatory reform, introduced by the Obama administration in June, is moving forward through the legislative process. Treasury Secretary Geithner testified before the House Financial Services Committee on September 23.
The proposed financial regulatory reform legislation in the U.S. House is the Consumer Financial Protection Agency Act of 2009 in the House (HR 3126). The Financial Services Committee has issued a section-by-section summary of the proposed legislation as well as a September 25 discussion draft.
Track the progress of the legislation at the administration's Financial Stability website.
