Category Archives: Consumer Financial Protection Bureau

Elon Musk is wrong to call the CFPB a “duplicative regulatory agency” and for it to be “deleted”

Earlier today, Elon Musk posted on X, formerly known as Twitter, that the CFPB should be deleted as a duplicative regulatory agency. I’m not sure why Musk considers the CFPB duplicative or what he thinks it is duplicative of (or if he himself knows), but it is simply wrong to call the CPB duplicative. Some […]

Andrea Boyack discusses her survey of abusive boilerplate terms on the Consumer Finance Monitor Podcast

Here. From the description of the episode: Today, we are joined again by Professor Boyack who has written a follow-up article entitled: “Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights,” University of Missouri School of Law Legal Studies Research Paper No. 2024-03, which is the subject of our new show. The abstract of her […]

CFPB establishes supervisory authority over large payment apps

The Consumer Financial Protection Bureau this week issued a final rule to define larger players in the market of “general-use digital consumer payment applications.” Under the rule, the bureau institutes supervisory authority over large nonbank payment app providers to assess their compliance with consumer financial laws. This covers apps that are used for consumers’ general use […]

CFPB report on carve-outs for financial institutions in state data-privacy laws

The Consumer Financial Protection Bureau has released a report examining federal and state-level privacy protections for consumers’ financial data. The report notes that protections under federal regulations for financial data have limits. Yet, many new state data privacy protections exempt financial institutions and consumer financial data covered by federal law, even though states generally have […]

CFPB survey on impacts of student-loan debt relief and repayment challenges

The Consumer Financial Protection Bureau issued results from its Student Loan Borrower Survey, providing insights into the effects of student loan debt relief programs and the challenges borrowers face in navigating repayment options. The survey, conducted between October 2023 and January 2024, gathered data from a representative sample of student loan borrowers as the federal […]

Texas AG again rejects “earnings” argument about CFPB’s funding

As we previously reported, Texas’s conservative Attorney General takes the position that the CFPB is properly and currently funded. In a new filing captioned Plaintiff’s Response to Defendants’ Objections to Magistrate Judge’s Memorandum and Recommendation, Texas’s AG’s office states (footnotes and citation omitted): * * * Defendants attack the CFPB’s funding statute based on a flawed […]

Whither consumer protection in a second Trump administration?

The future, they say, is the hardest thing to predict. With that caveat, what can we expect from a second Trump administration for consumer prediction? Some quick thoughts: President-elect Trump will surely ask CFPB Director Rohit Chopra to resign so that he can replace Chopra with someone he prefers. Despite the fact that Vice President-elect […]

CFPB and CMS address illegal billing of lowest-income Medicare recipients

Today, the Consumer Financial Protection Bureau and the Centers for Medicare & Medicaid Services issued a joint statement concerning unlawful medical bills charged to people with Medicare living at or below the poverty line — about one in eight Medicare recipients nationwide. Federal law generally prohibits healthcare providers who accept Medicare from billing them for […]

Who might succeed CFPB Director Rohit Chopra?

The American Banker’s Kate Berry reports in What the election means for the future of the CFPB (behind paywall but available on Lexis). If Trump wins, Berry reports speculation that Keith Noreika, Todd Zywicki, or Brian Johnson could be his pick to lead the CFPB. Something the article doesn’t note:  those folks all have experience […]

CFPB finalizes rule on personal financial data rights

The Consumer Financial Protection Bureau today announced its final rule on personal financial data rights under section 1033 of the Consumer Financial Protection Act. According to the bureau’s release, the rule will enable consumers to “fire fintechs and banks that provide lousy service” by enabling transfer of bank data to other banks; “shop for better […]