The Inside Story of the CFPB's Battle Over Auto Lending

American Banker
Thursday, September 24, 2015

A series of internal memos document how the Consumer Financial Protection Bureau struggled internally with how to end discrimination in auto lending. At the core of the debate was the practice of dealer markup, in which the dealership keeps the difference between the rate set by the lender and the one agreed to by the borrower as its compensation. The bureau debated whether it should cite a large lender in the hope of effectively ending the ability of partnering dealers to mark up loans with all lenders. On multiple occasions, CFPB officials suggested to forgo rulemaking and instead use a few high-profile enforcement actions against large auto lenders to do away with dealer discretion, thereby significantly curbing potential discrimination.