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

Photo of person grabbing stacks of cash from a surface
Auto Financeby Gil Van OverMarch 30, 2026

Permission or Approval: When to Notify Finance Sources

Credit card down payments, multiple vehicle purchases and even straw purchases can be completed without committing bank fraud, as long as you tell the bank first.

Read More →
Three people's hands on desk as one signs a document
Auto Financeby Hannah MitchellMarch 11, 2026

At-Risk Auto Borrowers Drive Looser Credit Access

Cox Automotive’s index shows the subprime segment, long loan terms, negative-equity borrowers and down payment amounts all grew in February despite ever-higher vehicle prices.

Read More →
Auto Financeby Lauren LawrenceFebruary 23, 2026

Auto Loan Forecast Bucks Market Trend

Auto loan originations rose over 6% year-over-year in the third quarter of 2025, but TransUnion predicts a slight decline in auto loan growth this year, making it an outlier in the company's overall lending forecast.

Read More →
Ad Loading...
Auto Financeby Hannah MitchellFebruary 11, 2026

Auto Credit More Plentiful

Growing access shows greater lender appetite for risk as consumers take on heavier debt burden in an inflated market.

Read More →
Auto Financeby Hannah MitchellJanuary 27, 2026

Auto Loans Long as Stretch Limos

More consumers, faced with ever-rising car prices, are adapting by agreeing to longer loan terms despite the cost of added interest payments.

Read More →
A person holds a stack of cash with a small red toy car on top.
Auto Financeby StaffJanuary 20, 2026

AutoPayPlus Launches RePayPlus

The reinsured biweekly payment program offers auto dealers with customer retention and reinsurance structure.

Read More →
Ad Loading...
F&Iby Hannah MitchellJanuary 12, 2026

Auto Credit Access Loosens

December brought some of the best borrowing availability for consumers in years, though lenders tightened their reins on riskier segments of the market.

Read More →
A hand holding small burlap money bags next to a toy red car, symbolizing auto financing, loan payments, and dealership profitability.
Industryby StaffNovember 14, 2025

Report Uncovers $4.7B Opportunity for Auto Dealers

Solving mismatched payment quotes can boost sales, profits

Read More →
Industryby Hannah MitchellNovember 10, 2025

Auto Loans More in Reach

October easier to tap despite approval rates falling

Read More →
Ad Loading...
Industryby Hannah MitchellNovember 3, 2025

Q3 Auto Loans Reveal Stress

Data reflect growing finance activity on the extreme ends of credit risk scale

Read More →