Tag Archive | "compliance"

Pew: CFPB Small-Dollar Rule ‘Would Not Adequately Protect Borrowers’


WASHINGTON, D.C. — The Consumer Financial Protection Bureau’s proposed small-dollar lending rule would neither not adequately protect borrowers, nor address the risks created by the shift toward installment credit in the payday and auto title lending market, a new analysis concludes.

Conducted by Pew Charitable Trusts, the analysis outlines the reasons for the shift to installment lending, highlights the riskiest practices, and identifies actions the bureau can other policymakers can take to counter these harms. It also identifies four primary loan characteristics that harm consumers, including unaffordable payments, front-loaded fees, excessive durations, and unnecessary high prices.

“The CFPB proposed rule would require most small loans to be repayable in installments, which would represent a significant improvement, but that change alone is not enough to make these loans safe,” the nonprofit organization stated. “In 13 of the 39 states where they operate, payday and auto title lenders issue only high-cost, single-payment loans, but in the other 26, they are already making installment loans with annual percentage rates of 200% to 600%.

“These high-cost installment loans would still be permitted under the CFPB standards.”

The analysis identified four primary loan characteristics that harm consumers. They include unaffordable payments, front-loaded fees, excessive durations, and unnecessary high prices.

Pew’s brief, “From Payday to Small Installment Loans: Risks, Opportunities, and Policy Proposals for Successful Markets,” shows that unaffordable payments can lead to the same types of problems as convention payday loans, including frequent re-borrowing, heave use of overdrafts, and the need for a cash infusion to retire debt — issues the CFPB hoped to address when it proposed its rule this past June.

The brief also shows that large upfront origination fees “effectively penalize borrowers who repay early or refinance, while unreasonably long durations can double or triple borrowers’ costs.”

“Because payday and auto title lenders typically compete on location, customer service, and speed rather than on price, costs for these products, like conventional payday and auto title loans, are unnecessarily high, such as more than $1,000 in fees for a $500 loan,” the brief states, in part.

The brief also lists the following policy recommendations it says will address the four main challenges posed by installment loans:

  • Establish clear ability-to-repay standards, limiting loan payment to an affordable percentage of a borrower’s periodic income.
  • Allow only interest charges or monthly fees on the loan, and no other fees.
  • Require loan to have reasonable repayment durations.
  • Enact price limit and enable lower-cost providers, including banks and credit unions, to enter the small-dollar loan market.

“The payday loan market is rapidly shifting away from lump-sum lending toward installments, but 400% APR payday installment loans can be harmful, too,” said Nick Bourke, who directs Pew’s small-dollar loans project. “To protect consumers, the CFPB should add to clear product safety standards to its rule, such as limiting installment payments to 5% of a borrower’s paycheck. This safeguard would make exiting loans more affordable and enable banks to offer comparable small credit at prices six times lower than payday lenders, saving millions of borrowers billions of dollars annually.”

The CFPB’s notice of proposed rulemaking for small-dollar loans is open for public comment until Oct. 7. For more on the bureau’s proposal, click here.

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Compliance Summit Heads West


Welcome to the inaugural Las Vegas Compliance Summit! Our series of regional events has made stops in Miami, Chicago, Austin and Tampa, and we can’t wait to share our program with you here at Paris Las Vegas.

Compliance Summit was designed to deliver a crash course in federal regulations and enforcement actions and help you build sustainable sales and F&I processes without sacrificing productivity or profitability. If that sounds like a tall order, it should, but our speakers know how to get it done. Here’s what we have in store:

Welcome Address

Our first speaker is Andy MacKay, executive director of the Nevada Franchised Auto Dealer Association (NFADA). He is a fourth-generation Nevadan who previously served as chairman of the Nevada Transportation Agency and as a partner in several private enterprises. MacKay is charged with protecting the interests of more than 100 new-car dealers in his state, and we are grateful that he has agreed to share his thoughts and kick off our event.

F&I Products, Regulators and the Presidential Election

Attorney and compliance expert Aaron Lunt of The Warranty Group will touch on a number of hot-button issues in his opening keynote address. He believes increased compliance and regulation is the most significant pressure point for dealers today, and he will explain the roles federal agencies and state attorneys general — and, yes, even our next president — will play in shaping the compliance landscape in the years ahead.

The Buck Stops Here: Dealers, Compliance and Enforcement

Few compliance experts command as much respect as Terry O’Loughlin, a former regulator with the Florida attorney general’s office who now serves as director of compliance for Reynolds and Reynolds. He will explain why dealers, not managers nor staff, bear the onus of compliance, and how having the right policies, tools and best practices in place is the best way to protect your operation.

Knowledge Is Power

Our first panel session will be led by compliance expert and attorney Michael Maledon and staffed by Bob Balak of Compli, Alpha Warranty’s Darin Ramos,  Steve Roennau of EFG Companies, and Timbrook Automotive Group’s Dina Wilson. Maledon and his experts will sort through the complex maze of rules and regulations to identify and focus on the best practices dealers are using today to keep up with changes and withstand scrutiny.

Luncheon Address

Our luncheon speaker is Jim Radogna, a San Diego-based compliance expert and trainer. Before founding Dealer Compliance Consultants, he served as compliance officer for a large auto group, the apex of a 15-year retail career that also included roles in F&I and sales management. Radogna will offer his views on the state of dealer preparedness and discuss compliance issues unique to the Western states.

Compliance Traps Your Store MUST Avoid

Attorney Jim Ganther of Mosaic Compliance Services is a dealer advocate and a Compliance Summit mainstay. His address will cover the common mistakes made by dealers in a highly regulated environment, how to avoid them, and how to train managers and staff to ensure your sales and finance processes remain up to code.

Leadership, Teamwork and Accountability

I have the honor of leading our second panel discussion, which will focus on the individual roles owners, managers and staff — and, in particular, your appointed compliance officer — play in protecting your dealership and your customers. I will be joined by Justin Gasman, the award-winning finance director at McCaddon Cadillac Buick GMC in Boulder, Colo., and compliance experts Michael Tuno and Max Zanan of ARMD Resource Group and Total Dealer Compliance, respectively.

The Paper Trail: A Dealer’s Best Defense Witness

Compliance expert and trainer Gil Van Over, founder and president of gvo3 & Associates, will take the stage to discuss your documentation program — or lack thereof. In a sales and finance process that requires the customer to sign their name 80 times or more, you need to establish and enforce a set of rules that can serve as a defense against litigation claims and government inquiries. With your operation on the line, every signature counts, and consistency is the key to your paper trail.

Where the Rubber Meets the Road

Our final panel discussion will be helmed by United Development Systems (UDS)’s Brian Crisorio, who will be joined by Erika Ahern of CNA National, Doug Fusco of Dealer Safeguard Solutions, F&I Express’ Brian Reed, and Iris Spiegel of Miller Automotive Operations. This esteemed group will turn our discussion from the theoretical to the practical, detailing the simple, actionable processes and controls dealers are implementing in F&I offices nationwide.

Is It Compliant? 

Day One ends with a bang as our master of ceremonies, Bob Harkins of American Guardian Warranty Services, will facilitate “Is It Compliant?,” an open-forum discussion among Compliance Summit speakers and attendees. This is your chance to pose your toughest questions to our experts and share the challenges you have faced in your dealership and market. So don’t hold back, and remember: Compliance Summit is your event!

Certified Automotive Compliance Specialist Review and Exam

Day Two brings your opportunity to earn Certified Automotive Compliance Specialist status following the successful completion of a four-hour review session and a satisfactory score on the exam that follows.

The review session is divided into two parts: Part 1 runs from 8:00 a.m. to 9:45 a.m. and will cover such topics as ethics, vocabulary, Reg Z and M, adverse actions, ECOA, FCRA, credit applications and more. After a break, Part 2 starts at 10:00 a.m. and ends at noon; this session will include Magnusson-Moss, the Used Car Rule, Red Flags, Safeguards, OFAC, Unfair, Deceptive or Abusive Acts and Practices (UDAAP) and more.

After a half-hour lunch, the exam itself will begin at 12:30 p.m. and end at 2:00 p.m. But the fun doesn’t end there.

Industry Summit

Your Compliance Summit registration also grants you full access to Industry Summit, the auto retail and finance industry’s premier training event. You can drop in on sessions covering topics ranging from needs discovery and objection-handling to lender relations, the used-car market correction and everything in between. Tour the exhibit hall, take advantage of the free meals and join us for evening receptions.

I am so happy you have decided to join us for Compliance Summit. We take great pride in our event and we have been encouraged by all the positive reviews, phone calls and emails that followed our first four conferences. I hope you take full advantage of everything this week has to offer.

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Radogna to Present ‘Reduce Your Exposure’ at Las Vegas Compliance Summit


LAS VEGAS — Jim Radogna, a San Diego-based compliance expert and trainer, will serve as the luncheon speaker at the upcoming Compliance Summit, organizers announced Thursday. The event, which marks Compliance Summit’s first visit to the Western states, will be held Aug. 29–30, 2016, at Paris Las Vegas.

“Jim’s reputation as a nationally recognized expert, trainer and speaker precedes him,” said David Gesualdo, show chair and publisher of Auto Dealer Today and F&I and Showroom. “We are counting on him to identify the pressure points regulators are focusing on and how to button them up.”

Radogna’s session, “Reduce Your Exposure: Who Is Targeting Your Dealership?,” will begin after lunch is served at 12:20 p.m. on Monday, August 29. His presentation is expected to include a rundown of the most currently active state and federal regulators, the results of recent enforcement actions and areas of high risk in variable operations, fixed operations and human resources.

“The laws and regulations impacting auto dealers are many,” Radogna said. “This presentation will focus on the top enforcement threats facing most auto dealers today and how you can prepare and adjust to lessen your dealership’s exposure.”

To register for Compliance Summit, click here. For more information, including sponsorship and exhibition opportunities, contact David Gesualdo via email hidden; JavaScript is required or at 727-947-4027.

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Maledon Joins Compliance Summit Roster, Will Lead Rules and Regs Panel


LAS VEGAS — Attorney and compliance expert Michael Maledon will serve as moderator for a panel discussion devoted to rules and regulations at the upcoming Compliance Summit, organizers announced Tuesday. The two-day conference will begin on Monday, Aug. 29, at Paris Las Vegas as part of the annual Industry Summit.

Maledon’s panel will include Bob Balak, director of sales for national accounts for Compli, Darin Ramos, vice president of business development for Alpha Warranty Corp., and Steve Rounneau, vice president of compliance for EFG Companies.

“With its maze of laws and regulations, retail automotive has become as complicated as ever,” Maledon said. “Compliance Summit serves as an opportunity to move beyond the buzzwords to discuss practical, workable solutions. Our goal will be to identify and focus on best practices that can be successfully implemented into a dealer’s workflow.”

The panel, “Knowledge Is Power,” will begin at 11:25 a.m. on Monday, immediately following “The Buck Stops Here: Dealers, Compliance and Enforcement,” a featured presentation by attorney and former regulator Terry O’Loughlin.

“Following Terry is no small task, but I am confident Michael and his panelists can handle it,” said David Gesualdo, show chair and publisher of Auto Dealer Today and F&I and Showroom. “They are experts in their field, they are the ideal translators for lawmakers, and they will have our undivided attention.”

Compliance Summit attendees are also invited to attend any Industry Summit session and sit for the Certified Automotive Compliance Specialist exam, both for no additional charge. To register for Compliance Summit and the exam, click here. For more information, including sponsorship and exhibition opportunities, contact David Gesualdo via email hidden; JavaScript is requiredor at 727-947-4027.

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Crisorio to Helm Processes and Controls Panel at Las Vegas Compliance Summit


LAS VEGAS — Organizers of the upcoming Compliance Summit have announced that United Development Systems Inc. (UDS)’s Brian Crisorio will lead a panel discussion dedicated to “Easy-to-Implement Processes and Controls” at the 2016 event, which will be held Aug. 29–30 at Paris Las Vegas as part of the annual Industry Summit.

“Our industry has really turned the corner on compliance, and now it’s time to hit the gas,” said Crisorio, who serves as vice president of marketing for UDS. “The experts on this panel are going to deliver simple, actionable processes and controls and prove you can be successful and maintain a compliant dealership culture.”

The session, “Where the Rubber Meets the Road,” will begin at 4:45 p.m. on Monday, Aug. 29. Crisorio will be joined by Erika Ahern, general counsel for CNA National Warranty Corp., Doug Fusco, founder and CEO of Dealer Safeguard Solutions, and Brian Reed, president and CEO of F&I Express.

“Brian and his panel are experts at translating the language of compliance into the language spoken online, on the show floor and in the box,” said David Gesualdo, show chair and publisher of Auto Dealer Today and F&I and Showroom. “This panel will serve as a practical guide to applying compliance education to your sales and F&I processes.”

Compliance Summit attendees are also invited to attend any Industry Summit session and sit for the Certified Automotive Compliance Specialist exam, both for no additional charge.

Registration for Compliance Summit is open now. Attendees who register by August 5 will save $100. To inquire about sponsorship and exhibition opportunities, contact David Gesualdo via email hidden; JavaScript is required or at 727-947-4027.

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O’Loughlin to Tackle ‘Rules and Regulations’ at Compliance Summit


LAS VEGAS —Terry O’Loughlin, director of compliance for Reynolds and Reynolds and a former regulator, will serve as a featured speaker at the upcoming Compliance Summit Las Vegas, organizers announced Tuesday. The conference will be held Aug. 29–30, 2016, at Paris Las Vegas, as part of Industry Summit.

“Compliance is one of the more unrelenting — and daunting — responsibilities that dealers face. Implementing the right policies and tools in compliance, along with applying best practices, all are proven strategies to help dealers meet those responsibilities, especially considering the likelihood for ever-increasing regulation and scrutiny,” said O’Loughlin, who served in the Florida attorney general’s office before joining the Reynolds Document Services group in 2006 as director of compliance. “Compliance Summit promises to focus on compliance as a critical business management issue for dealers, and I’m pleased to join a number of my professional colleagues in presenting at the conference and being part of the event.”

O’Loughlin’s presentation will be followed by a panel discussion; the event will also include featured speakers and panels dedicated to Your Responsibilities and Easy-to-Implement Processes and Controls and, to conclude the educational sessions, an open forum called “Is It Compliant?”

“This is not Terry’s first rodeo, so to speak, and past attendees of Compliance Summit have singled him out as an informed and passionate speaker,” said David Gesualdo, show chair and publisher of Auto Dealer Today and F&I and Showroom. “When a former regulator and current industry advocate speaks, we are wise to listen.”

Registration for Compliance Summit Las Vegas is open at the event’s website. Attendees are welcome to take part in the rest of Industry Summit, and those who register by July 29 will enjoy a $100 discount. Attendees are also invited to sit for the Certified Automotive Compliance Specialist exam for no additional charge.

For more information about Compliance Summit, including sponsorship and exhibition opportunities, contact David Gesualdo via email  or at 727-947-4027.

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