Category Archives: Consumer Financial Protection Bureau

CFPB improves survey on credit cards to promote competition and comparison shopping

The Consumer Financial Protection Bureau this week “launched an improved survey of credit card issuers that can help consumers and families compare interest rates and other features when shopping for a new credit card.” The agency explained that the [u]pgrades to the CFPB’s terms of credit card plans survey are designed to increase price competition […]

CFPB FUNDING IS CONSTITUTIONAL

The Second Circuit ruled today that the Consumer Financial Protection Bureau’s funding structure is constitutional. In a unanimous decision,the court disagreed with a Fifth Circuit decision.  The panel panel said at it “cannot find any support for the Fifth Circuit’s conclusion” in Supreme Court precedent, the Constitution’s text or the history of the appropriations clause. […]

Disagreeing with the 5th Circuit, the 2d Circuit holds that the CFPB’s funding structure is constitutional

In 2019, the CFPB issued a “civil investigative demand” to the Law Offices of Crystal Moroney, a law firm that principally provides legal advice and services to clients seeking to collect debt. In April 2020, the CFPB moved to enforce the 2019 CID. In August 2020, the district court granted the CFPB’s petition to enforce […]

CFPB seeks public info on data brokers’ business

The Consumer Financial Protection Bureau wants to know more about data brokers and their practices, as these entities gather and sell consumers’ personal and private information. The CFPB requests public feedback including information about the entities that collect personal consumer data, the types of data collected, sources that data brokers use to collect information, their […]

CFPB reports on illegal junk fees on bank accounts, mortgages, student loans, and auto loans

The Consumer Financial Protection Bureau released today a special edition of its Supervisory Highlights that reports on unlawful junk fees uncovered in deposit accounts and in multiple loan servicing markets, including in mortgage, student, and payday lending. The CFPB explains that “[t]hese unlawful fees corrode family finances, force up families’ banking and borrowing costs, and […]

CFPB’s repeat offenders swindling military borrowers?

The Consumer Financial Protection Bureau in recent actions against entities it calls “repeat offenders” has zeroed in on flagrant violations of the Military Lending Act (MLA), which is meant to safeguard active-duty military members and their families from financial abuses. The MLA has features perfect for military families in search of a loan: it caps […]

SCOTUS to review CFPB’s constitutionality–again

Earlier today the Supreme Court announced that it would take the case in which the Fifth Circuit had held the CFPB’s funding mechanism was unconstitutional, Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. The Bureau had asked the Court to hear the case during the current term but the Court instead decided to […]

CFPB reports 1/3 decline in collections items on consumer credit reports

The Consumer Financial Protection Bureau has released a report examining trends in credit reporting of debt in collections from 2018 to 2022. The report finds that the total number of collections tradelines on credit reports declined by 33%, from 261 million tradelines in 2018 to 175 million tradelines in 2022. The share of consumers with […]

CFPB addresses double dealing on digital mortgage comparison-shopping platforms

The Consumer Financial Protection Bureau has issued “an advisory opinion to protect Americans from double dealing on digital mortgage comparison-shopping platforms. Companies operating these digital platforms appear to shoppers as if they provide objective lender comparisons, but may illegally refer people to only those lenders paying referral fees. When shoppers use a lender that is […]

Are banks right that if banks charge less for late fees, consumers will pay more overall?

As Richard and Allison posted, the CFPB has proposed a new rule limiting the credit card late fee safe harbor to $8. And as is perfectly predictable, banks are angry about facing a restriction on late fee revenue. I want to comment on their arguments against the proposed rule. First some background: the Credit CARD […]