Category Archives: Consumer Financial Protection Bureau

Court stays CFPB Open Banking Rule

In 2024, the CFPB issued a rule requiring financial institutions to share a consumer’s personal financial data with other providers at no cost, upon the consumer’s request. Members of the banking industry sued. After the change in administration, the CFPB informed the court it agreed with industry that the rule exceeded the agency’s authority, and […]

CFPB finalizes FCRA preemption interpretive rule

In May 2025, the CFPB rescinded a 2022 interpretive rule, which had expressed the agency’s view that the Fair Credit Reporting Act’s preemption provision has “a narrow sweep,” which allows for substantial State regulation of consumer reports and consumer reporting agencies. Today, a new interpretive rule appeared for public inspection at the Federal Register, adopting a […]

FTC’s defunct CARS Rule finds new life in California

California car buyers have new protections from too-common bait and switch car dealer tactics in a newly passed law signed yesterday by Gov. Gavin Newsom. Much of the law is modeled after the Federal Trade Commission’s Combating Auto Retail Scams (CARS) rule that the Fifth Circuit Court of Appeals vacated in January. The California CARS […]

A Comment on the Debanking Debate

Over at the Consumer Finance Monitor blog, Alan Kaplinsky has questioned the legal authority for President Trump’s Executive Order barring so-called debanking; that is, when banks close bank accounts based on someone’s political views. The blog post argues that to the extent that the EO is based on the CFPB’s and FTC’s unfairness powers, it […]

My latest draft article : Borrow Now, Protect Later

Here. And here’s the abstract: The consumer finance industry frequently develops new types of loans and business models, such as buy now, pay later and earned wage access. While these products may help consumers, they also pose risks. To take only one example, consumers may unwittingly assume unaffordable obligations.  These problems and others could be […]

Instead of protecting consumers, CFPB attacks the Government Accountability Office

Kate Berry’s story in the American Banker is headlined CFPB calls GAO funding probe ‘political’ and ‘weaponized.’ The story is about a letter the CFPB’s Chief Legal Officer, Mark Paoletta, sent the GAO. Not content with criticizing the GAO, Paoletta also called Congress “reckless and irresponsible” and the CFPB “an out-of-control agency.”