Auto dealers, local banks duck new oversight bill
Community businesses granted exemptions to consumer rules, thanks in part to lobbying clout
WASHINGTON — The financial overhaul bill awaiting final action in the Senate includes a new regulator whose aim is to make sure mortgages, credit cards and other products from big banks don’t abuse or confuse you.
But if you want your auto dealer to arrange a car loan or your community bank to extend you a credit line, be sure to read the fine print.
Thanks to their lobbying efforts in Washington, auto dealers and community banks managed to keep themselves outside the reach of the new Consumer Financial Protection Bureau.
Consumer advocates say borrowers will remain vulnerable to the kind of unscrupulous selling of financial services products that helped precipitate the financial crisis.
“You’re going to end up with regulatory gaps that can hurt consumers,” said Travis Plunkett, legislative director of the Consumer Federation of America.
The influence of auto dealers and community banks comes from the strength of their small-town roots. They are people who serve as Rotary Club officers and sponsors of Little League teams. Dealers arrange most loans for auto buyers. Community banks represent more than 98 percent of the total number of U.S. banks.
The consumer bureau will write and enforce rules for financial services and products. It can ban confusing fine print on loan documents — except when the loans come through auto dealers. And it can punish banks for offering deceptive loans — unless they’re community banks. Auto dealers, including those that sell boats, motorcycles and recreational vehicles, won a blanket exemption from the new consumer protection bureau.
Community banks scored a smaller but crucial concession: They’re supposed to follow the bureau’s rules — but the bureau can’t force them to. That duty rests with existing federal bank agencies and state authorities, but those agencies failed to crack down on many of the abuses
‘You’re going to end up with regulatory gaps that can hurt consumers.’
Travis PlunkeTT Legislative director of the Consumer
Federation of America
that led to the crisis. That’s a big reason why a new financial protection bureau was deemed necessary.
The exemptions for auto dealers and community banks — defined as those with less than $10 billion in assets — hint at their influence in Washington. They succeeded even as lobbying by the nation’s banking giants failed to protect those companies from the new bureau’s strictest oversight.
The National Automobile Dealers Association began barraging congressional offices with phone calls and e-mails as early as last fall. As a vote neared, dealers visited Washington to plead their case to lawmakers, according to Ed Tonkin, NADA’s chairman.
“This is a government overreach into private business,” Tonkin said. “Dealers are not banks, and we shouldn’t be subject to bank rules.”
Yet because they act as a go-between, consumer advocates say, auto dealers fill the same role as the mortgage brokers who fed the housing crisis by pushing high-risk loans. Some auto dealers have been accused of misleading borrowers about financing terms and of pushing them into loans with higher interest rates than their credit scores warranted.
NADA denies this. It says the money dealers make from arranging consumer loans from banks is slight. It notes that the minority of auto dealers that lend directly to consumers still would be regulated. And it warns that the cost to dealers of complying with new regulations would drive up the cost of cars.
Dealerships nationwide number about 18,000. And nearly 8,000 community banks dot the country.
“They have that incredible grass-roots power, and that’s why they got the loop- holes and the carve-outs they did,” said Ed Mierzwinski, consumer program director at U.S. Public Interest Research Group.
The auto dealers’ successful argument to Congress — don’t punish Main Street for Wall Street’s sins — was echoed by community banks. Community banks, which include thrifts and depositor-owned banks, cater to homebuyers, developers, small businesses and farmers, among others.
However, small banks doesn’t necessarily mean smaller risks. Community banks account for nearly all the 226 banks in the U.S. that have failed since the start of 2009.
The Independent Community Bankers of America spent nearly $1.1 million in the first quarter on lobbying on bank regulation, the new consumer protection bureau and other issues. That was 15 percent more than it spent in the first quarter of 2009.
The community banks’ influence goes beyond those dollar figures. Local bankers are big donors in hundreds of congressional races — like those that will be decided this fall. They supplemented their trade group’s spending with visits and phone calls.
As with community banks, pressure from individual auto dealers helped sway Congress. Such phone calls and visits aren’t required to be reported as lobbying.
Consumer advocates hold out hope for extending the bureau’s full oversight to auto dealers and community banks. They note that Congress preserved the Federal Trade Commission’s authority to fight deceptive practices by dealers.
They also say they’ve raised awareness of the issues with lawmakers — groundwork for future regulation.
“We lost a couple of battles,” Mierzwinski said, “but we won the war.”