Category Archives: Consumer Financial Protection Bureau

Imre Szalai Study Finds 78 Fortune 100 Companies Use Class Action Waivers in Consumer Agreements

Imre S. Szalai of Loyola of New Orleans has written The Prevalence of Consumer Arbitration Agreements by America’s Top Companies, 52 U.C. Davis L. Rev. Online 233 (2019). Here is the abstract:  This article present the results of a study that examines the use of arbitration agreements by the top 100 Fortune Magazine-ranked largest domestic […]

“Dormant: The Consumer Financial Protection Bureau’s Law Enforcement Program in Decline”

That’s the title of a new report from Chris Peterson at the Consumer Federation of America. According to the executive summary: This study analyzes whether the CFPB, under the Trump Administration, is delivering on its statutory law enforcement objectives and stated commitments to take aggressive action in the area of consumer law enforcement, particularly where […]

A Way for Consumer Agencies to Generate Thought on Issues of Interest

by Jeff Sovern A post inspired by a question I heard Kathleen Engel ask: every year second-year students ask professors for suggestions for topics to write about for law reviews. Law professors and other lawyers also cast about for article topics.  Meanwhile, administrative agencies often confront questions about what the law is or how it […]

CFPB Complaint Database Scores Win for Times Columnist

by Jeff Sovern The CFPB's former acting director, Mick Mulvaney, compared the Bureau's public database to Yelp and threatened to take it private, though he never did so. Director Kraninger has not made public her plans for the database, to the best of my knowledge, and so public access to the complaints may still be […]

CFPB announces first enforcement action under Kraninger: Will there be a Kraninger discount, as there was a Mulvaney discount?

by Jeff Sovern Regular CFPB observers will recall that after Mulvaney took over as acting CFPB director, it took many months before the Bureau announced its first enforcement action.  Well, the new director, Kathy Kraninger, has already announced her first settlement. This settlement might offer some guidance as to what kind of director Kraninger will […]

Sad News: FTC Crippled by Government Shutdown

by Jeff Sovern The FTC was expected to run out of funding to conduct most of its operations at some point today, according to the Washington Post. The FTC's shutdown is obviously bad news for consumers. My understanding is that because the CFPB receives its funding from the Fed, it is not subject to the […]

Senate votes to consider Trump’s nomination of Kraninger to head CFPB

Here, in The Hill. Excerpt: Senators voted 50-49, along party lines, to end debate on Kathy Kraninger’s nomination to be the next CFPB director, with no Democrats supporting her. Kraninger is likely to be confirmed next week after a contentious Senate floor debate over her selection.

NerdWallet Report on Disturbing Gaps in CFPB Public Complaint Database

Here, by Brad Wolverton & Alex Richards. I don't want to quote too much, so here is an incomplete excerpt: The federal watchdog agency created to protect consumers is not regulating two of the country’s fastest-growing financial institutions despite receiving voluminous complaints about them, NerdWallet has found. Escaping scrutiny are Green Dot Corp. — which […]

Bloomberg: CFPB Enforcement Actions Down Sharply Under Mulvaney

Here.  Excerpt from Jeff Bater's report: The Consumer Financial Protection Bureau took only three enforcement actions in the third quarter of 2018 and is on pace for the lowest yearly total in its seven years of existence. The bureau levied $1.6 million in penalties in the three-month period ending in September, compared to $7.3 million […]

Is Mulvaney Pushing the Envelope to Aid Fintech Providers?

by Jeff Sovern Acting CFPB director Mick Mulvaney famously wrote that he would not push the envelope. He explained: That entire governing philosophy of pushing the envelope frightens me a little. We are government employees, and we work for the people. That means everyone: those who use credit cards and those who provide the credit; […]