Category Archives: Consumer Financial Protection Bureau

House Financial Services Committee Hearing: CFPB Budget Review

by Jeff Sovern Yesterday, the House Financial Services Committee held a hearing titled CFPB Budget Review.  You can listen to the webcast here.  It seems to be part of the continuing Republican attack on the Bureau.  The American Banker reported on the hearing here (behind a paywall).  The article points out that Republicans were criticial […]

Reports on FTC-CFPB Debt Collection Roundtable

On Thursday, the FTC and CFPB held a joint roundtable titled Life of a Debt: Data Integrity in Debt Collection.  Journalist Fred Williams has a report at the Taking Charge blog. An except: At Thursday's  meeting, [debt buyer and industry association president Richard] Munroe and other debt buyers didn't repeat the argument the collection  industry […]

In Lawsuit Filed Today, CFPB Rolls Out Its “Abusive” Practices Authority For the First Time

Big news: The CFPB today filed the first lawsuit that invokes the agency's authority under the Dodd-Frank Act to police practices that are not just unfair or deceptive, but "abusive."  Observers of the agency have been eagerly anticipating the first use of that authority, which is new to the world of consumer law. The Bureau's Action […]

The Constitutional Cloud Over the CFPB

Carter Dougherty of Bloomberg has a must-read story on the practical effects of the constitutional controversy over Rich Cordray's appointment. The D.C. Circuit's ruling in Noel Canning, he reports, "has hampered the U.S. Consumer Financial Protection Bureau, slowing some enforcement, impeding recruitment of a second-in-command, and delaying joint ventures with the states." Among other things, the Bloomberg […]

Daniel Schwarcz Paper on Post-Sale Monitoring of Financial Products

Daniel Schwarcz of Minnesota has written Monitoring, Reporting, and Recalling Defective Financial Products, University of Chicago Legal Forum (2013).  Here is the abstract: In recent years, innovations in consumer financial protection have drawn heavily from the law governing the safety of tangible products.   This short essay, prepared for a symposium entitled "Frontiers of Consumer Protection," […]

Politico: What if Senate continues to block Richard Cordray at CFPB?

Here.  An excerpt: As a recess appointee, Cordray can stay in the job only through the end of this  year. But even that timetable will likely not be of much significance. After  Cordray departs, the agency will be run by the next in line and there is little  reason to think the bureau’s agenda would […]

Third Circuit Invalidates Recess Appointments

by Deepak Gupta A divided panel of the Third Circuit today joined the D.C. Circuit in holding that President Obama's recess appointments to the NLRB are unconstitutional.  The case is NLRB v. New Visa Nursing and Rehabilitation.  From the majority opinion by Judge Smith, who is joined by Judge Van Antwerpen: The central question in […]