Category Archives: Consumer Financial Protection Bureau

The Trump administration’s inconsistent positions on whether discrimination is unfair

Regular readers of the blog will know that the Biden CFPB took the position that discrimination is unfair within the meaning of the Consumer Financial Protection Act, the CFPB’s UDAAP statute. After the Chamber of Commerce sued to block that interpretation and won before a Trump-nominated judge, the CFPB appealed. But before the appeal could be […]

Latest district court order keeps CFPB afloat

The U.S. District Court for the District of Columbia on Tuesday issued an order confirming that the CFPB must continue to operate, smacking down the agency leadership’s recent efforts using re-interpretations of the Dodd-Frank Wall Street Reform and Consumer Protection Act to argue that the bureau would soon run out of funding. Following a Department […]

CFPB plays Scrooge and says paycheck advance loans aren’t loans

The Administration claims that the CFPB will have to shut down next year because it can’t ask the Federal Reserve for funds if the CFPB decides that the Federal Reserve isn’t operating at a profit (a claim being challenged in 3 different actions currently pending in federal district courts in California and the District of […]

Politico: How gutting the CFPB clashes with affordability concerns

Here. The piece says that eliminating the CFPB: * * *  put[s] the agency at odds with the Trump administration’s favorite way to counter the souring mood on the economy: offering cold, hard cash (think of “warrior checks” for service members and “Trump accounts” for babies). As of October, the bureau has dropped 22 pending […]

Caruso paper on what a CFPB that cared about consumers could do now about overdraft fees

Kaitlin Ainsworth Caruso of Maine has written Back to the Drawing Board? Overdraft fees, the Congressional Review Act, and the CFPB’s Path Back to Consumer Protection. Here’s the abstract: In late 2024, the Consumer Financial Protection Bureau adopted a rule aimed at a longtime pain point for consumers: high, sometimes unpredictable, overdraft fees. The CFPB […]

Congressional analysis details CFPB’s dire financial state

The Congressional Research Service, the research and analysis arm of Congress, last Friday released an updated summary to its report on the Consumer Financial Protection Bureau’s budget. This update includes discussion on the budget reconciliation (P.L. 119-21) passed in July that drastically reduces the CFPB’s funding that it receives from the Federal Reserve. The agency’s […]

New CFPB Director Nomination

Reuters is reporting that Stuart Levenbach has been nominated to serve as the next Director of the CFPB. Unsurprisingly, Mr. Levenbach appears to have no experience in consumer protection or consumer finance whatsoever. According to a February 2025 release announcing his appointment to a position at OMB: Prior to OMB, Dr. Stuart Levenbach was the […]

(De)Regulatory Assault on Fair Lending

The past week has seen the announcement of two proposals to weaken mechanisms for identifying and combatting discriminatory lending practices. Last week, the CFPB issued a proposal to amend Regulation B under the Equal Credit Opportunity Act, which would eliminate disparate impact claims, significantly narrow the prohibition on statements that would discourage applicants or potential […]

CFPB, debt collectors challenge state medical debt credit reporting protections

The debt collection industry, through its trade group ACA International and Fresno Credit Bureau, sued a Colorado official this week, seeking to nullify a state law that stops medical debt from being included on consumer credit reports. The debt collectors claim that the Colorado law is preempted by the Fair Credit Reporting Act (FCRA), the […]

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 […]