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

Two men in suit jackets shaking hands in front of a new-looking white vehicle
Auto Financeby Hannah MitchellJuly 15, 2026

Auto Credit Plentiful

June numbers show lenders are readily granting access, including to risky borrowers, as consumers leverage themselves to take on high prices.

Read More →
Woman's hands holding an wallet empty of cash
Auto Financeby Hannah MitchellJuly 1, 2026

Automotive Consumers Sink Further in Debt

Most financing metrics hit records in the second quarter as more buyers locked themselves into long terms and high monthly payments.

Read More →
Three men smiling for headshots
Auto Financeby Lauren LawrenceJuly 1, 2026

Porsche Financial Services Shifts Structure

After 36 years with Porsche, the Financial Services Chief Financial Officer Konrad Riedl is retiring, and the department is realigning its management structure.

Read More →
Ad Loading...
$100 bill and magnifying glass on top of paper that says insurance policy terms and conditions.
F&Iby Lauren LawrenceJune 29, 2026

Tariffs Could Raise Insurance Premiums

As U.S. import tariffs affect repair costs, consumers might find it more affordable to replace a damaged vehicle, according to recent Insurify tariff analysis.

Read More →
Red toy car sitting on top of coins.
Auto Financeby Lauren LawrenceJune 24, 2026

Smaller Loans, Longer Terms

The youngest generation of car buyers is more likely to finance less expensive vehicles, more than half of generation Z consumers borrowing less than $25,000.

Read More →
Photo of man holding a car key
Auto Financeby Hannah MitchellJune 17, 2026

New Cars a Tad More Affordable

May averages show that combined circumstances gave auto consumers slightly better buying power for the month, though average prices were up year-over-year.

Read More →
Ad Loading...
Photo of a white toy car next to piles of coins
Auto Financeby Hannah MitchellJune 8, 2026

First-Quarter Sees Long Auto Loan Growth

Experian data show more consumers are tapping the method, along with refinancings, to afford buying. Meanwhile, subprime borrowers are getting more access.

Read More →
Assurant, Mastering Credit Friction, Sales Series, Expert Trainer Josh Krach
Auto FinanceMay 29, 2026

Mastering Credit Friction

In this video, Josh Krach explains how to turn credit friction into an advantage.

Read More →
Couple talking with auto salesman next to new car inside dealership
Auto Financeby Hannah MitchellMay 20, 2026

April Less Affordable

Based on prices, reduced incentives and slower household income growth, consumers found it more challenging to buy new last month, Cox Automotive reported.

Read More →
Ad Loading...
Photo of a loan contract on a desk
Auto Financeby Hannah MitchellMay 13, 2026

Auto Lenders, Consumers on a Tightrope

April borrowing data shows that more consumers are bending over backward to buy vehicles, though subprime lending cooled off for the month.

Read More →