Here, by Kate Berry (behind a paywall). The most potent weapon is, of course, the Bureau's UDAAP powers. Excerpt: [The Bureau's] vision statement unveiled as part of the new strategic plan dropped any reference to so-called UDAAP claims, suggesting that the agency will not use the Dodd-Frank authority as the same kind of blunt enforcement […]
Category Archives: Consumer Financial Protection Bureau
by Jeff Sovern In a blog post Tuesday, I asked Am I the only one who thinks it's weird for a temporary and part-time CFPB director to create a five-year strategic plan? But as Barbara S. Mishkin pointed out in the Consumer Finance Monitor, the CFPB is obliged to issue a strategic plan this month by […]
by Jeff Sovern Last month, the Department of Justice issued a policy that as DOJ describes it in its announcement of the policy, "prohibits the Department of Justice from using its civil enforcement authority to convert agency guidance documents into binding rules." Times coverage is here. What implications does this have for consumer law? Strictly speaking, […]
by Jeff Sovern The CFPB issued a new strategic plan. I haven't had time to go through it myself, but Consumers Union is unhappy with it. Here's a quote from the CU statement: [The plan] signals that [the CFPB] will ease up on enforcement and investigations of the financial industry and identifies deregulation as a […]
by Jeff Sovern The Hill reports that the president's budget would subject the CFPB budget to the congressional appropriations process, which as we have noted in the past, would effectively give lobbyists power over the CFPB, even when the director is not beholden to the industry. I believe the budget is subject to the filibuster, […]
The report is here. This looks bad. This is the Golden Valley case in which the lender charged up to 950%. Here's an excerpt: Mulvaney declined requests for an interview. In an email, his press representative first said the decision to drop the Golden Valley lawsuit was made by "professional career staff" and not Mulvaney. […]
by Jeff Sovern Last month, Interim Director Mulvaney announced that the Bureau may reconsider the Bureau's payday lending rule. But he can't just rescind it. That would require a full notice-and-comment rulemaking, and that would take longer than Mulvaney will be at the CFPB (under the Vacancies Act, he is limited to 210 days). True, […]
Adam J. Levitin of Georgetown, Patricia A. McCoy of Boston College Law School, Kathleen C. Engel of Suffolk, and Dalié Jiménez of California-Irvine, Connecticut School of Law; and Harvard's Center on the Legal Profession have authored Brief of Amici Curiae Consumer Financial Regulation Scholars in Support of Plaintiff-Appellant Leandra English, English v. Trump, No. 18-5007 (D.C. […]
Quoting from the announcement: In its six-year existence, the Consumer Financial Protection Bureau (CFPB) has proved itself integral to curbing predatory lending and other practices that harm American consumers every day, a survey from the National Association of Consumer Advocates (NACA) shows. The survey found that consumers and their advocates enforce and rely on the […]
by Jeff Sovern My latest op-ed. Excerpt: It seems unlikely that the bureau would take on a bank like Wells Fargo for [opening unauthorized accounts] or pursue many of Cordray’s other actions now that Mulvaney is in charge. His boss has even praised a bill passed by the House that would strip the CFPB of the authority […]