FI showroom red and grey logo
MenuMENU
SearchSEARCH

AFSA to Dealers: We’re Not Out of the Woods Yet With Proposed CFPA

For the time being, dealers have been exempted from the CFPA’s oversight, but that could change at anytime. And even if dealers are fortunate enough to remain excluded from the final bill, they could still feel the CFPA’s adverse effects. Find out how.

by Chris Stinebert, AFSA
November 12, 2009
3 min to read


The government wants to create another federal regulator, which could affect how the auto sector does business and its customers’ ability to get financing. On Oct. 22, the House Committee on Financial Services voted 39-29 in favor of The Consumer Financial Protection Agency (CFPA) Act of 2009. Dealers, finance companies and consumers need to be aware of the ways they could be harmed if the legislation passes.

For the time being, dealers have been exempted from the CFPA’s oversight, but they could come under it again at any time as part of a Congressional compromise. Even if dealers are fortunate enough to remain excluded from the final bill, they will still feel the CFPA’s adverse effects. Their business partners who provide financing still will be subject to the agency’s stringent and limitless authority to set terms, conditions and disclosures for credit, savings, payment and other financial products and services.

Ad Loading...

As currently drafted, the House bill would fund the agency in part by imposing fees on lenders, who will have little choice but to pass on increased costs to their customers. Given its proposed mammoth size, the agency’s funding needs could be staggering, and consumers will end up paying higher costs for limited financing choices at a time when many are struggling to make ends meet and are in danger of losing their jobs.

In addition to creating the CFPA, the administration’s regulatory reform proposal would eliminate the industrial loan company (ILC) charter. Companies that own ILCs would be forced to become bank holding companies. However, the proposal does not make clear whether or not commercial entities would be permitted to own bank holding companies.

Some vehicle finance companies currently own ILCs and would be greatly impacted by losing this line of business, as ILCs have been the best capitalized and most profitable banks in the nation. Indeed, eliminating the ILC sector would dry up another important source of financing for dealers and their customers. Let’s remember, ILCs did not contribute to the 2008 financial system collapse and none have failed in 2009.

Creating a vast new bureaucracy with sweeping, unlimited authority and eliminating the ILC charter will cause more harm than good. Everyone – Congress, consumers and industry – has the same goals: easy-to-understand, uniform disclosures and effective consumer protections for financial products and services. We only disagree on how to achieve these objectives. This struggle has already begun in earnest, and the industry needs the auto sector’s help to make the case against this harmful and overreaching proposal.

Act now to make your voice heard. The House is likely to vote on the bill before the end of the year, but the Senate may not act until January. Dealers, finance companies and their customers need to voice their opinions to their representatives before it’s too late and we’re all saddled with new and costly layers of bureaucracy.

Ad Loading...

Chris Stinebert is president and chief executive officer of the American Financial Services Association in Washington, D.C.

Subscribe to Our Newsletter

More Auto Finance

$5 bill poking out of blue jeans pocket
Auto Finance•by Hannah Mitchell•October 14, 2026

Interest Rates Further Squeeze Auto Consumers

Last month’s hike and a potential second increase this month add to a growing list of inflation woes that could continue to dent overall car sales.

Read More →
Staircase with no rails next to red-painted wall
Auto Finance•by John Tabar•October 8, 2026

Mind Your Process

Consistent steps taken in various aspects of the F&I office can make valuable differences over time, similar to an outline for a best-selling book.

Read More →
Scrabble letter tiles spelling fraud
Auto Finance•by Gil Van Over•September 30, 2026

Top Five Credit Application Fraud Flags

Compliance audits regularly reveal bad habits that can lead to fraud charges and should have been stamped out decades ago.

Read More →
Ad Loading...
Paper money, car key fob and calculator
Auto Finance•by Hannah Mitchell•September 14, 2026

More Auto Loans for the Taking in August

Riskier categories were on the uptick for the month as lenders loosened access in several areas while balancing out the exposure in another, Cox Automotive reported.

Read More →
A fan of $100 bills sitting on a white envelope
Auto Finance•by Hannah Mitchell•August 12, 2026

July Was Hot for Auto Borrowers

Credit proved readily available for many, but most loans left buyers in negative territory, Cox Automotive said.

Read More →
stacks of coins, a calculator, paperwork, and a pair of glasses in the background, text Lender Experience Drives Dealer Decisions, F&I and Showroom
Auto Finance•by Lauren Lawrence•August 12, 2026

Dealer Lender Preferences Revealed

When lenders provide consistent, fast service, their overall satisfaction scores with dealers greatly improve, according to JD Power research.

Read More →
Ad Loading...
man sitting at desk using a calculator
Auto Finance•by Lauren Lawrence•August 10, 2026

Auto Refi Savings Surge

Consumers with 84-month auto loan terms who refinanced saved the most on monthly payments, according to a new report by auto refinancing provider Caribou.

Read More →
Tiny toy car in front of small stacks of coins
Auto Finance•by Hannah Mitchell•August 5, 2026

Subaru Enters Lending Business

The automaker follows other brands in adding captive financing in the U.S., and says the move will strengthen its position here.

Read More →
Man climbing ladder in front of mountain landscape.
Auto Finance•by Lauren Lawrence•August 3, 2026

Positive Equity Reaches Record High

Mainstream vehicle owners who bought a car seven years ago are likely to have positive equity when trading in for a new vehicle, according to second-quarter Edmunds data.

Read More →
Ad Loading...
Photo of document next to calculator and inkpen
Auto Finance•July 20, 2026

Dealerships Are Paying the Price for Extended Car Loans

Growing negative-equity scenarios mean such lengthy terms should be addressed in a forward-looking way to make them work for the dealer and the consumer down the road.

Read More →