Not a Lexis+ subscriber? Try it out for free.

Banking and Finance

Williams Mullen Alert: Dodd-Frank--Federal Reserve Board Issues Final Rules Modifying the Official Staff Commentary to Regulations M and Z to Adjust the Exemption Threshold

by:  Edmund D. Harllee

On Monday, June 20, 2011, the Board of Governors of the Federal Reserve System (the "Board") issued final rules modifying the Official Staff Commentary to its Regulation Z (Truth In Lending) and Regulation M (Consumer Leasing) to implement certain of the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Changes to both regulations take effect on January 1, 2012.

Generally, the Truth In Lending Act governs extensions of credit from covered lenders, such as banks, to consumers, where the credit is made for consumer purposes. The Consumer Leasing Act similarly governs the lease of personal property to consumers for personal, family or household purposes.

Effective July 21, 2011, the Truth In Lending Act (as implemented by Regulation Z) will exempt from its coverage extensions of credit to a consumer where the amount financed exceeds $50,000.00, unless the extension of credit is secured by real property (or personal property used or expected to be used as the principal dwelling of the consumer, such as a mobile home), or the extension of credit is a private education loan. Similarly, the corresponding provision of the Consumer Leasing Act (as implemented by Regulation M), beginning on that date, will exempt from its coverage any consumer lease having a total contractual obligation of over $50,000.00. If either Regulation Z or Regulation M applies to a transaction, there are numerous disclosure and advertising requirements, as well as possible substantive limitations, imposed on the creditor or lessor.

Commencing January 1, 2012, and on each January 1 thereafter, the $50,000.00 threshold will be modified by an automatic annual adjustment based upon any increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) in effect on the previous June 1, as published by the Bureau of Labor Statistics. Once the June 1 CPI-W is published, the Board will modify the Official Staff Commentary to Regulation Z and Regulation M to provide any actual dollar increase in the exemption threshold.

The CPI-W for June 1, 2011 has been published, and, accordingly, the above exemption thresholds will increase from $50,000.00 to $51,800.00, effective January 1, 2012.

If you have any questions about the information in this alert, please contact Ed Harllee at