Written Testimony of CFPB Acting Deputy Director David Silberman ahead of the home Committee on Financial solutions Subcommittee

Posted on 02/6/2021.

Written Testimony of CFPB Acting Deputy Director David Silberman ahead of the home Committee on Financial solutions Subcommittee

Chairman Neugebauer, Ranking Member Clay, and users of the Subcommittee, many thanks for the possibility to testify today in regards to the customer Financial Protection Bureau’s (Bureau or CFPB) substantial and ongoing work regarding payday lending. I am David Silberman, and I also act as Associate Director for analysis, Markets, and laws in the CFPB, a posture We have held since 2011. Final i also was named as Acting Deputy Director month.

In November 2010, We joined up with the Bureau within the execution group.

before the Bureau, we served as General Counsel and Executive Vice President of Kessler Financial solutions, a company that is privately-held on making and supporting bank card along with other economic solutions to account businesses. My participation in customer services that are financial once I ended up being Deputy General Counsel associated with the AFL-CIO. While during the AFL-CIO, we assisted to generate a company to give economic solutions to union members and also the very first AFL-CIO bank card system. We started my job as legislation clerk to Justice Thurgood Marshall.

Everbody knows, the CFPB may be the nation’s very very very first federal agency with a single concentrate on protecting customers within the customer economic market. Through fair rules, grounded on evidence-based findings and stakeholder input, constant oversight, appropriate enforcement, and broad-based customer engagement, the Bureau is trying to restore customer rely upon the economic market and also to amount the regulatory playing field for honest companies. Up to now, our enforcement actions have actually helped secure more or less $11.2 billion in relief for an incredible number of customers victimized by violations of Federal consumer financial laws and regulations.

Since 2011, I have led the extensive research, Markets, and Regulations Division. The division accounts for articulating a research-driven, evidence-based viewpoint on customer financial areas, customer behavior, and laws, informing Bureau thinking on priority areas, distinguishing places where Bureau intervention may enhance market results, and supporting efforts to cut back outdated, unneeded, or unduly burdensome laws.

Where our research and analysis indicates the necessity for regulatory intervention, the Bureau seeks to produce laws that will protect customers without unintended consequences or unnecessary expenses. Included in the rulemaking procedure, the Bureau very carefully assesses the advantages and expenses that the laws we start thinking about might have on consumers and banking institutions. Balanced regulations are crucial for protecting customers from harmful methods and making certain installment loans Maryland customer economic markets work in a good, clear, and competitive way.

Because the topic of today’s hearing could be the Bureau’s make use of respect to short-term, little buck financing, i’d like to start with tracing the Bureau’s operate in this area.

Once the Dodd-Frank Wall Street Reform and customer Protection Act (Dodd-Frank Act)

ended up being enacted, payday advances had been a specific part of concern to Congress. Indeed, the Dodd-Frank Act provides the Bureau plenary authority to supervise any entity that provides payday advances irrespective of size. Because of this, as soon as the Bureau started supervising non-depository organizations in 2012, payday financing had been the very first industry which was brought into our supervisory program. The Bureau developed assessment procedures for little buck loan providers that have been posted included in the Bureau’s Supervision and Examination handbook, which can be available on our internet site, consumerfinance.gov to this end.

Bureau examiners make use of the assessment procedures into the handbook to make sure payday lenders – depositories and non-depositories – are complying with Federal customer law that is financial. Particularly, the Short-Term, Small Dollar Lending Procedures describe the sorts of information that the agency’s examiners will gather to judge payday lenders’ compliance administration systems (CMS), assess whether loan providers have been in conformity with Federal customer economic legislation, and recognize dangers to customers for the financing procedure. The procedures monitor key payday financing tasks, from initial ads and advertising to collection methods.