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Big Banks to Get Reprieve from Volcker Rule - ABI

Big banks are getting a big reprieve from a post-crisis rule aimed at curbing risky behavior on Wall Street, the New York Times reported. Federal bank regulators yesterday unveiled a sweeping plan to soften the Volcker Rule, opening the door for banks to resume some trading activities restricted as part of the 2010 Dodd-Frank law. The changes would give the largest banks significant freedom to engage in more complicated — and possibly riskier — activities by largely leaving it up to Wall Street firms to determine which trading is permissible under the rule and which is not. The Federal Reserve, along with four other regulators, took steps yesterday to ease several parts of the Volcker Rule, which was put in place to prevent banks from making risky bets with depositors’ money.


How To Fix The Bankruptcy System For Student Loan Borrowers - MarketWatch

Student loan borrowers looking to get a fresh start in bankruptcy have little hope.  That’s the overwhelming sentiment in more than 400 comments submitted this week to the Department of Education. The comments came in response to a request from the Department earlier this year for input on what loan holders should consider when evaluating a borrower’s request to have their student loans discharged in bankruptcy.  It’s difficult to wipe away a student loan in bankruptcy. Borrowers have to prove that paying down the debt would create “an undue hardship,” a notoriously hard standard to meet. Historically, the government has fought borrowers with federal loans aggressively in court as they try to prove their finances are so hopeless that they’ll never be able to pay down their student debt.


Mortgage Rates Hit 7-Year High - ABI

Rates for home loans throttled higher, nipping at the heels of a housing market that’s so far managed to absorb pricier financing on top of surging home prices, MarketWatch.com reported. The 30-year fixed-rate mortgage averaged 4.66 percent in the week ending May 24, mortgage finance provider Freddie Mac said yesterday, a jump of five basis points during the week. While housing demand remains robust, the continued rise in rates has housing industry participants watching closely. So far in 2018, rates have increased in 15 out of the first 21 weeks of the year, Freddie Mac Chief Economist Sam Khater noted.


U.S. Bank Regulator Encourages Banks to Reconsider Small-Dollar Lending - ABI

A leading U.S. bank regulator yesterday said banks should consider offering more short-term, small-dollar loans, inviting the industry to engage in lending it had once actively discouraged, Reuters reported. The new guidance from the Office of the Comptroller of the Currency (OCC) makes explicit that the regulator would be open to banks offering such short-term loans, inviting banks to compete with alternative financial products like payday loans. The three-page bulletin from the OCC does not alter any existing regulations, but makes clear an about-face at the national bank regulator. Under the Obama administration, the OCC had actively discouraged short-term lending by banks, issuing rules in 2013 that effectively drove banks away from that type of lending by imposing strict limitations on what customers could be extended that type of credit and on what terms. The OCC rescinded those rules in 2017, and Otting said that the purpose of yesterday’s bulletin was to make clear where the regulator now stands.


Congress Approves First Big Dodd-Frank Rollback - ABI

A decade after the global financial crisis tipped the United States into a recession, Congress agreed on yesterday to free thousands of small- and medium-sized banks from strict rules that had been enacted as part of the 2010 Dodd-Frank law to prevent another meltdown, the New York Times reported. In a rare demonstration of bipartisanship, the House voted 258-159 to approve a regulatory rollback that passed the Senate this year. The bill stops far short of unwinding the toughened regulatory regime put in place to prevent the nation’s biggest banks from engaging in risky behavior, but it represents a substantial watering down of Obama-era rules governing a large swath of the banking system. The legislation will leave fewer than 10 big banks in the U.S. subject to stricter federal oversight, freeing thousands of banks with less than $250 billion in assets from a post-crisis crackdown that they have long complained is too onerous.


Trump Signs Repeal of Auto-Loan Policy That Targeted Racial Bias - ABI

President Trump has repealed auto-lending guidance from the Consumer Financial Protection Bureau (CFPB), revoking a rule that was put in place to protect minority customers from predatory practices, The Hill reported. Trump’s signature on a congressional resolution erases the CFPB’s 2013 guidance targeting “dealer markups,” the additional interest that is added to a customer’s third-party auto loan as compensation for the dealer. Auto dealers, banks and their allies in Congress said that the CFPB policy was an unfair and unfounded attack on an essential and harmless financing tool. Republicans and a small group of Democrats voted to repeal the CFPB guidance under what is known as the Congressional Review Act (CRA). That law allows a simple majority of lawmakers in the House and Senate to vote to repeal a federal rule; it also bans the agency from replacing a rule with a similar measure in the future. The resolution cleared the House earlier this month after clearing the Senate in April.


Volcker Rule Rewrite Said to Drop Trading Burden on Banks - ABI

Wall Street is poised to get a big reprieve from the Volcker Rule, as U.S. agencies prepare to scrap a restrictive presumption that most short-term trades violate the post-crisis regulation, Bloomberg News reported. In a much-anticipated overhaul, the Federal Reserve and other regulators are planning to drop an assumption written into the original rule that positions held by banks for less than 60 days are speculative — and therefore banned. Instead, banks would have leeway to conclude that their trades comply with the rule, putting the onus on regulators to challenge such judgments. The change is one of many that regulators appointed by President Donald Trump are expected to propose in the coming weeks when they unveil their revamp, known internally as “Volcker 2.0,” said the people who requested anonymity because it hasn’t been made public.


CFPB’s Cost-Benefit Analysis Office to Be Modeled After FTC’s Bureau of Economics - ABI

Consumer Financial Protection Bureau Acting Director Mick Mulvaney this week addressed a common Republican critique of the agency by establishing an office to conduct cost-benefit analyses of the CFPB’s activities, but supporters of the bureau say the move is both political and unnecessary, MorningConsult.com reported. In a Wednesday memo to CFPB staff, Mulvaney said the Office of Cost Benefit Analysis will be housed in the director’s office. An agency spokesman said yesterday that the office will review the economic impacts of regulatory issues, as well as CFPB enforcement and supervision activities. The new office is modeled after the Federal Trade Commission’s Bureau of Economics, according to a CFPB spokesman. That FTC unit is charged with providing commissioners with economic analysis regarding how rulemaking and enforcement actions would affect consumers and businesses.


Mulvaney Downgrades Student Loan Unit in Consumer Bureau Reshuffle - ABI

Mick Mulvaney, the interim director of the Consumer Financial Protection Bureau, will move the agency’s student loan division into the bureau’s consumer information unit, a shift that career officials fear will sidetrack a major enforcement case the agency is pursuing against Navient, the nation’s largest student loan collector, the New York Times reported. The change, outlined in an email sent to the bureau’s staff yesterday, is part of an effort by Mulvaney to refocus the agency away from its consumer finance enforcement and rule-writing mission and more toward providing consumers with information about their legal rights. It follows a similar move Mulvaney made in February, when he folded the bureau’s fair lending division into the consumer unit, telling staff it would “continue to focus on advocacy, coordination and education.”


Bill to Roll Back Post-Financial Crisis Banking Rules Gets Clear Path to Passage - ABI

The House will take up a Senate-passed bill rolling back banking regulations, breaking an impasse that imperiled passage of the legislation that is backed by the White House, Republicans and some Democrats, the Washington Post reported. House Speaker Paul D. Ryan (R-Wis.) told reporters yesterday that an agreement had been reached and that “we will be moving the Dodd-Frank bill” along with a companion package of legislation supported by House Financial Services Committee Chairman Jeb Hensarling (R-Tex.). Hensarling had been pushing to amend the Senate version of the bill undoing or shrinking portions of the Dodd-Frank Act that was passed in the wake of the financial crisis a decade ago. But the bipartisan coalition of senators who got the bill through the Senate — over the objections of liberals like Sen. Elizabeth Warren (D-Mass.) — warned that changing their delicate compromise would end up killing the bill. In the end, Hensarling backed down, leaving the legislation a clear path to passage. It has moved through the Senate and appears to have plenty of support to pass the House. The House will now vote on the Senate’s version of the bill unchanged and send it to President Trump for his signature.