Author Archives: Jeff Sovern

How the OCC Is Back to Protecting Banks Rather Than Consumers

Here, in the Times, by Ben Protess and Jessica Silver-Greenberg. Excerpt: After the financial crisis in 2008, the Obama administration turned one of the banking industry’s friendliest regulators into one of its toughest. But that agency is now starting to look like its old self — and becoming a vital player in the Trump administration’s […]

Chris Peterson Study Finds Financial Choice Act Would Eliminate Chilling Number of CFPB Enforcement Actions Costing Consumers Billions

Christopher Lewis Peterson of Utah has written Choosing Corporations Over Consumers: The Financial Choice Act of 2017 and the CFPB Consumer Finance Law Quarterly Report (forthcoming). Here is the abstract: The Consumer Financial Protection Bureau (CFPB) is the U.S. Government’s primary regulator and civil law enforcement agency governing consumer lending, payment systems, debt collection, and other […]

Senate Confirms Former Banker Otting to Be Comptroller of the Currency,

The Hill has a story here. Excerpt: Otting was the president and CEO of OneWest Bank, where he worked with Treasury Secretary Steven Mnuchin, and a vice chairman at U.S. Bancorp before that. He presided over hundreds of thousands of foreclosures at OneWest Bank, which has been investigated for multiple federal and state housing violations. * […]

Who Will Trump Nominate to Head the CFPB?

by Jeff Sovern Several names have surfaced. Both the NY Times and the Wall Street Journal have mentioned the possibility of George Mason Law professor Todd Zywicki.  The American Banker has a slide show of potential directors here (free content). I fear the nominee will be someone who believes that consumer protection largely consists of […]

Arbitration Opt-Outs Hit a New Low: Now They Are Undeliverable

by Jeff Sovern Some arbitration clauses permit consumers to opt out of arbitration and class action waivers provided the consumer acts within a stated period. For example, Asana provides in § 13.8 of its Terms of Service for a 30-day opt-out. Those wishing to opt out are instructed to send "written notice of your decision to opt […]

Kate Berry Asks Did CFPB’s Cordray fake out Trump and GOP?

The story is in the American Banker. The theory is that by refusing to rule out a run for the governorship of Ohio, Cordray led Trump to believe that he could avoid the political heat he would take by firing Cordray because Cordray would quit anyway.  Indeed, firing Cordray might even make him a political […]

Senate Expected to Vote Soon on Confirmation of Otting, Former Banker, to Regulate Banks as Comptroller

by Jeff Sovern Bloomberg is reporting in a story headlined Senate Clears Way for Ex-Mnuchin Deputy to Lead Bank Regulator, that: Senate Majority Leader Mitch McConnell has filed a motion to kick off debate and an eventual vote to appoint Otting as head of the Office of the Comptroller of the Currency. It will likely take […]