Members of the Consumer Law Advocates, Students, and Scholars (CLASS) network submitted comments to the Office of the Comptroller of the Currency in response to its proposed rule that would allow nonbank lenders to avoid state law that currently protects many of these consumers. The rule will give new life to the “rent-a-charter” schemes that preyed on consumers in the early 2000s – schemes the OCC itself acted to eliminate.
National consumer advocacy organizations strongly oppose the Office of the Comptroller of the Currency proposal that would preempt the authority of states and courts to look beyond contrivances to the truth to prevent evasions of state usury laws. The proposal would eliminate state interest rate limits for nonbank predatory lenders in every state as long as a bank’s name is in the fine print.
NACA joins other national and state consumer, legal services and civil rights groups on comments on the FDIC’s proposed Third-Party Lending Guidance (Third-Party Guidance). The groups "strongly oppose any suggestion in the guidance that it is ever appropriate for a bank to rent out its charter in a way that will allow the third party to evade state laws."
NACA, together with AARP and National Association of State Utility Consumer Advocates, argued that Congress did not intend to preempt state consumer protection laws like the Minnesota Wireless Consumer Act, because the Act neither regulates nor directly affects wireless carriers’ rates. The Federal Communications Commission has adopted a “hands-off” approach to the wireless industry, and the industry’s reliance on voluntary consumer code for wireless services does not adequately protectconsumers.