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Senate moves to rescind CFPB's indirect auto lending guidance

Sen. Jerry Moran, R-Kan., kicked off efforts to repeal the Consumer Financial Protection Bureau's 2013 guidance that warned indirect auto lenders they may be accountable for possible violations of the Equal Credit Opportunity Act.

Under the Congressional Review Act, an agency rule can be nullified through a resolution passed by both the House of Representatives and the Senate, and signed by the president. Although the regulation in question is technically guidance and not rulemaking, the U.S. Government Accountability Office ruled in December 2017 that the bulletin is subject to the CRA.

Moran submitted the CRA resolution on March 22. Lawmakers have a 60-legislative-day window to repeal the guidance.

The House has not introduced its own resolution in the matter, but Financial Services Committee Chairman Jeb Hensarling, R-Texas, attempted to repeal the rule through a provision nestled in the Financial CHOICE Act. That legislation was passed by the House in July 2017 but was not taken up by the Senate.

On March 22, the Senate similarly launched a CRA resolution on the CFPB's payday lending rule.