CFPB California Style: The California Customer Financial Protection Law Brings More Prov Morrison & Foerster LLP

CFPB California Style: The California Customer Financial Protection Law Brings More Prov Morrison & Foerster LLP

On August 31, 2020, the Ca legislature passed the Ca Consumer Financial Protection Law (CCFPL). Regulations reflects Governor Newsom’s eyesight of an infinitely more banking that is powerful with brand new enrollment authority, UDAAP authority mirroring the authority associated with the CFPB, and expanded enforcement authority. But essential amendments used by cash1 loans payment plan the legislature will exempt many regulated entities through the range regarding the legislation and certainly will impose limitations from the Department that is new of Protection and Innovation’s (DFPI) exercise of its authority.

We talk about the reorganization and expansion associated with banking regulator that accompanies the title modification to the DFPI inside our companion client alert. We highlight the main element conditions regarding the CCFPL below.

Concentrate on Customer Protection

Although the majority of the CCFPL comes straight from Dodd-Frank Act Title X, the statutory function varies through the function and goals of Dodd-Frank. The legislative findings assert that “lack of [a dedicated economic solutions regulator with broad authority over providers of lending options and solutions] has left customers at risk of abuse and forced California organizations to compete with unscrupulous providers.”[1] They relate to UDAAP and also to discriminatory methods times that are multiple. They even make reference to innovation that is technological “offers great promise,” but in addition “poses risks to consumer and challenges to police force.”[2]

In comparison, the goals of Dodd-Frank Title X are a lot more balanced, talking about protecting customers from UDAAP and discrimination, but additionally: (a) the need for customers to own prompt and understandable information to make accountable decisions; (b) the necessity to reduce unwarranted regulatory burdens; (c) constant enforcement of federal customer monetary legislation to market reasonable competition and transparency; and (d) efficient procedure of areas for customer financial loans and solutions.[3]

Expanded Jurisdiction Bounded by Immense Exemptions

Considering that the proposed legislation ended up being introduced, the DBO has regularly explained its view that the CCFPL wouldn’t normally replace the landscape that is regulatory state-chartered and state-licensed entities. This place is mirrored within the form of the CCFPL passed away by the legislature, which exempts nationwide banking institutions, banking institutions chartered by California or just about any other state, and current DBO licensees apart from payday loan providers and education loan servicers, through the CCFPL.[4] The CCFPL additionally exempts licensees and their workers of any Ca state agency except that the DFPIwhere the licensee or worker is acting underneath the authority associated with other state agency’s permit. For instance, this would exempt property licensees beneath the Real Estate Law and their workers acting under those licenses.

The jurisdiction that is broad the statute, then, is applicable nearly solely to entities that formerly are not licensed because of the DBO.[5] These entities must certanly be “covered persons,” that are individuals participating in providing or supplying customer financial services or products, affiliates that work as companies, and any supplier that partcipates in the providing or supply of their own customer monetary service or product.[6] Like in Title X, a “service provider” is any person who supplies a product solution up to a covered person regarding the the covered person’s offering or providing of the consumer economic service or product.[7]

Whether an entity is just a “covered person” varies according to whether or not it offers or supplies a “consumer financial service or product.” This is of “financial products or services” mirrors the broad meaning in Title X, by the addition of brokering the offer or purchase of the franchise when you look at the state with respect to another.[8] Like in Dodd-Frank, the CCFPL authorizes the DFPI to issue laws determining just about any economic products or services centered on specified requirements.[9]

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