Table of Contents

Stronger CRA rules still needed to ensure equal access to credit
With a new proposal imminent from federal bank regulators, community, civil rights and consumer advocacy groups stress the urgency of updating the Community Reinvestment Act (CRA). The CRA is a civil rights era law meant to end and reverse the impact of 20th century redlining by requiring banks to lend in all communities where they are chartered to do business. Critical changes to both the process and metrics of CRA exams that evaluate lender performance, as well as updates to how digital banks are assessed, are needed to ensure that communities of color have equal access to credit to buy homes or build and grow businesses.

Ensure that banks equitably and justly invest in our communities
A coalition of 60 groups wrote a letter urging the Consumer Financial Protection Bureau (CFPB) to develop a strong rule requiring small business lenders to report on the race, ethnicity and gender of their borrowers, the neighborhoods where they lend, and what they charge for their loans. Members of the coalition have been advocating for small business data collection and transparency within the small business market for decades. Robust small business data collection through the Section 1071 rule will result in enhanced transparency, more responsible lending practices, targeted enforcement of fair lending laws, informed policymaking, healthier markets, and reduced racial and gender wealth gaps.

As the pandemic continues, the Build Back Better Act aims to provide critical assistance to American families
Consumer Action joined over 200 national, state and community organizations in thanking the House of Representatives for the momentous gains made in the Build Back Better Act, reinforcing the need to keep the package intact as it makes its way through the Senate, and urging swift passage onto signature by President Biden. By passing the historic Build Back Better bill, Congress is tackling some of the most important problems families face, by accomplishing things such as cutting taxes for working and middle class families, supporting child and elder care, making college more affordable, providing job training, and making the largest investment in battling climate change in our nation’s history.

CFPB urged to reverse earned wage actions that could create dangerous FinTech payday loopholes
A coalition of 96 consumer, labor, civil rights, legal services, faith, community and financial organizations and academics is urging the Consumer Financial Protection Bureau (CFPB) to revoke or significantly revise two actions taken in late 2020 regarding earned wage access (EWA) products. The group argued that the CFPB’s EWA advisory opinion and PayActiv approval order, which declared that certain EWA programs are not deemed “credit,” threaten to create loopholes in federal credit and fair lending laws and are being misused to promote FinTech exemptions in state laws that regulate predatory payday lending products.

Biden’s Build Back Better Act to include historic expansion of funds to address homeownership gap for people of color
A broad group of consumer, housing and financial services advocates wrote the U.S. Senate to express support for the homeownership components in President Biden’s infrastructure bill, including first-generation downpayment assistance, support for Fair Housing enforcement, and investment in the Housing Investment Fund. Advocates noted that Biden’s Build Back Better Act funds important resources needed to address the decline of affordability and accessibility of homeownership in underserved communities. The housing market needs substantial investment to help increase the supply of affordable housing, improve access to homeownership, and address the troubling homeownership gap for Black and Brown people.

HUD to tackle systemic racism and housing discrimination
Advocates joined together to support the U.S. Department of Housing and Urban Development’s (HUD) decision to reinstate its Discriminatory Effects Standard, which ensures that housing practices that appear neutral in their design do not create or perpetuate discrimination on the basis of race, ethnicity, religion and other characteristics protected under the Fair Housing Act. During the Trump administration, HUD gutted this critical civil rights protection and made it nearly impossible to seek redress for fair housing violations that had discriminatory effects. HUD’s announcement today ensures that strong protections against discriminatory housing practices are clear and remain the law of the land.

Everyone should have equal opportunities and access to products and services
Both Republicans and Democrats are calling for the continued universal acceptance of U.S. currency as a payment option for all consumers in the United States. The bipartisan Payment Choice Act of 2021 would make it illegal for retail businesses to refuse to accept cash for in-person, consumer transactions at stores nationwide. Consumer advocates support this important legislation, explaining that there are roughly 37 million adults in the United States who lack a bank account or credit card and need to use cash to pay for their necessities. 

Expanding access to homeownership for consumers with limited English proficiency
One in five U.S. residents speak a language other than English at home, yet the financial services market still caters primarily to fluent English speakers. In a letter to Congress, coalition members wrote in support of the LEP Data Acquisition in Mortgage Lending Act and the bill to promote language access in mortgage servicing. LEP borrowers face many challenges that impede their full participation in the consumer marketplace, including, specifically, their ability to obtain and preserve ownership of a home. Together, these bills will make important strides in improving access to the mortgage market and awareness of the availability of assistance for homeowners who are struggling to keep up with their mortgage payments, which is especially critical during the ongoing COVID-19 pandemic.

The FTC and CFPB must do more to prevent mass homelessness during the pandemic
Over 11 million families are at risk of losing housing. Protection from evictions and foreclosures is greatly needed due to the ongoing economic crisis accompanying the COVID-19 pandemic, including the loss of household income in the near and long term. Consumer Action joined advocates in urging the U.S. Federal Trade Commission and the Consumer Financial Protection Bureau to work together to prohibit unfair debt collections and ensure financial and regulatory agencies confirm industry standards regarding forbearance availability for homeowners. Without these additional protections, many will lose their homes and be forced to move at a time when COVID-19 levels are still extremely high and vaccination access for many is still months away. As a result, the financial impact of COVID would result in substantially greater risk of spreading illness.

The Department of Transportation fails to address consumers’ pandemic concerns
In a letter sent to Department of Transportation (DOT) Secretary Elaine Chao, consumer groups expressed their deep frustration that the Department’s Aviation Consumer Protection Advisory Committee is ignoring the most pressing airline passenger complaints and concerns during the COVID-19 pandemic. The letter notes that many Americans are concerned about the risk of contracting the coronavirus while flying, and that a record 50,000 consumers filed complaints with the DOT about the airlines’ refusal to provide refunds for canceled flights during the crisis. Neither topic was addressed at the most recent Committee meeting, which was only the second such meeting since the Committee was reconstituted in the fall of 2018.