The CFPB issued a no-action letter to Bank of America saying that the agency will never simply just take enforcement action from the bank regarding the a lending program that is small-dollar. Especially, the CFPB claimed it will never act under Sections 1031 (“Prohibiting Unfair, Deceptive, or Abusive Acts or Practices”) and 1036 (“Prohibited Acts”) of Dodd-Frank.
In accordance with the Bank of America no-action letter request, the financial institution’s small-dollar credit product (“Balance Assist”) is structured as a fixed-term, amortizing small-dollar installment loan become reimbursed over 90 days. The total amount Assist program would provide loans in increments of $100 as much as $500, with a $5 flat fee that is administrative whatever the quantity lent, in accordance with no other administrative costs charged. Bank of America specified that the total amount Assist product could be provided only to consumers with Bank of America checking reports with inflows surpassing a predetermined threshold. Further, the lender will perform credit report on possible borrowers and may reject individuals with a credit history that is poor.
The CFPB’s page provides that the no-action place can be acquired and then Bank of America rather than to your other individuals. That is in keeping with the scene indicated recently by Chair Heath P. Tarbert of this CFTC that the regulatory agency’s no-action position should always be particular to an entity that is individual.
The insurance policy foundation with this method of no-action roles is maybe perhaps not apparent. As a broad matter, what the law states ought to be the same for everybody. Let me reveal an indicator: possibly someone else depending on the letter should be asked to publicly reveal its identification, which may permit the regulator to further evaluate the knowledge or success of this no-action page.