Author Archives: Jeff Sovern

The CFPB and litigation

The WSJ reports that “on Thursday the director of the bureau’s enforcement division told employees to continue working on litigation and investigation.” And American Banker’s Kate Berry has reported that the Bureau “has agreed to temporarily halt a rule that would ban medical bills from credit reports.”

What does Acting CFPB Director Vought’s Project 2025 say about the CFPB?

As Adam posted yesterday, OMB Director Russell Vought has been named Acting Mulvaney CFPB Director. We can get a clue as to Vought’s views of the CFPB from Project 2025, of which Vought is said to have been an architect, Here is an excerpt, written before the Supreme Court upheld the CFPB’s constitutionality in CFSA: Congress […]

Limits to what the CFPB pause can lawfully stop

The Consumer Financial Protection Act, the CFPB’s organic statute, requires the Bureau to do certain things. For example, 12 U.S.C. § 5514(b)(1) provides that “The Bureau shall require reports and conduct examinations on a periodic basis (emphasis added).” I don’t see how the pause could lawfully affect periodic supervision, then, and my understanding of the memo […]

Politico reports Congress may “reform” the CFPB’s funding through a reconciliation bill

Here (behind paywall). Indeed, according to the article, “House Financial Services Chair French Hill said Monday that reforming the CFPB’s funding structure remains “the principal focus” of his committee’s efforts to attach legislation to a GOP reconciliation package.” The Senate would not normally be able to change the CFPB’s funding without getting votes from Democrats because […]

What is happening at the CFPB during the pause? How long will the pause last? Who is actually running the CFPB?

I hope some enterprising reporters are asking these questions. As for who is running the CFPB, the likelihood is that Treasury Secretary Bessent is too busy with other responsibilities to devote much attention to the Bureau and so has delegated a lot there. If so, it would be useful to know to whom.

Fallout from the CFPB’s “pause”

As Adam reported yesterday, the CFPB has gone dark. One place this is playing out is the courts. Yesterday, the Fifth Circuit was scheduled to hear two oral arguments. In one, Chamber of Commerce v. CFPB, which raises the issue of whether discrimination is unfair within the meaning of the CFPB’s UDAAP statute (disclosure: I […]