Author Archives: Jeff Sovern

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 […]

NACA extends applications for paid summer fellowships until February 15 for those who lost federal summer jobs

We received a request to post the following: The National Association of Consumer Advocates was angered and disappointed by the new Federal Administration’s unwarranted decision to rescind summer clerk positions for law students interested in consumer and economic justice careers. While we’re sorry we cannot offer assistance to most law students harmed by this thoughtlessly […]

Empirical examination of consumer contracting

Tess Wilkinson‐Ryan, David A. Hoffman, and Emily Campbell, all of Penn, have written Contracts for Everyone. Herre’s the abstract: The architects of American contract law—judges, lawyers, regulators and academics—know a lot about what litigated deals look like, but almost nothing about the contracting of ordinary people. This Article offers a wide-ranging empirical account of how non-elites […]