Author Archives: Jeff Sovern

Mulvaney Claims He Is Not Trying to Destroy the CFPB (But What Else Would He Say?)

by Jeff Sovern According to Evan Weinberger, writing in Law360: Office of Management and Budget Director Mick Mulvaney, who is leading the Consumer Financial Protection Bureau on a temporary basis despite a court challenge from the bureau's deputy director, insisted Friday that he is not trying to destroy the federal watchdog from within. Mulvaney, who has been […]

Loonin/Morgan Article: We Need to Know More to Solve the Federal Student Aid Problem

Deanne Loonin of Harvard University – Hale and Dorr Legal Services Center and Julie Margetta Morgan of the Bill & Melinda Gates Foundation have written Federal Student Aid: Can We Solve a Problem We Do Not Understand?, forthcoming in the Utah Law Review. Here is the abstract: Americans currently owe over $1.3 trillion in student loans, […]

House Financial Services Committee Markup of Bill to Exclude Lawyers Litigating Debt Collection Cases from FDCPA Deferred Until March

by Jeff Sovern Earlier this week we linked to an op-ed by Mary Spector (SMU), Genevieve Hebert Fajardo (St. Mary’s) and Neil L. Sobol (Texas A&M) criticizing a debt collection bill pending in the House, HR 4550, which would exclude from the FDCPA's coverage attorneys to the extent they are engaging in litigation. Though the bill […]

Ohio State Representative Jonathan Dever Seen as a Top Candidate for CFPB Director

by Jeff Sovern So reports Ian MacKendry in the American Banker. The article says that Dever's candidacy is being pushed by Rep. Steve Stivers, R-Ohio, a member of the House Financial Services Committee and the National Republican Campaign Committee. As is usual in such matters, no sources are identified, though a couple of administration insiders […]

Mulvaney Does More Damage to the CFPB and Consumer Protection

by Jeff Sovern The drip of bad news for consumer protection continues. Yesterday, the CFPB announced a "Call for Evidence Regarding Consumer Financial Protection Bureau Functions;" Evan Weinberger has more at Law360. Today we learned, as Allison posted, that the Bureau's budgetary request for this quarter is nothing–it will spend down its reserves instead. Allison […]

House Financial Services Committee Hearing on Bill to Sharply Curtail CFPB Authority Over Banks and Credit Unions

by Jeff Sovern Last week, the House Financial Services Committee's Subcommittee on Financial Institutions and Consumer Credit held a hearing titled Legislative Proposals for a More Efficient Federal Financial Regulatory Regime: Part III on a variety of bills. One of the bills, H.R. 1264, provides that "Community financial institutions shall be exempt from all rules and regulations issued by the Bureau." […]

Spector, Fajardo, and Sobol: Debt bill hurts consumers

Writing in the Brownsville Herald, consumer law professors Mary Spector (SMU), Genevieve Hebert Fajardo (St. Mary’s) and Neil L. Sobol (Texas A& M) critique the debt collection bill pending in the House, HR 4550, which would exclude from the FDCPA's coverage attorneys to the extent they are engaging in litigation. Excerpt: House Resolution 4550, would […]

CFPB Announces Intention to Engage in a Rulemaking Procedure That “May Reconsider” Payday Rule

by Jeff Sovern Here.  It seems unlikely that the Bureau would go to the trouble of a rulemaking only to ratify the rule. The Bureau had previously stated that it intended to amend the prepay card rule. 

Robocallers Overwhelming FTC and Do-Not-Call List

WaPo has a report, headlined How robo-callers outwitted the government and completely wrecked the Do Not Call list, reporting that the FTC receives 19,000 complaints per day from people on the Do-Not-Call list about robocallers. The FTC not only does not have the resources to do much about it, but when it tries, its efforts are […]

H&R Block Offering Update for its Tax Software at $24.95 But Others Get the Same Software for $9.95

by Jeff Sovern A friend forwarded me the two images below.  My friend, a prior H&R Block customer, received the 2017 software update for $24.95 while his son, who has not used the software in the past, was offered the identical software for $9.95. This type of price discrimination always makes me wonder about whether […]