Category Archives: Consumer Financial Protection Bureau

D.C. Circuit holds Texas bank has standing to challenge CFPB’s constitutionality

Just one day after a Senate Judiciary Committee hearing focusing on the constitutional challenge to the CFPB in State National Bank of Big Spring v. Lew, the D.C. Circuit has issued an opinion allowing that challenge to go forward on the merits and reversing the district court's dismissal on standing grounds. I testified in defense […]

Senate hearing on constitutionality of CFPB and Dodd-Frank

This afternoon (at 2pm), I'll be testifying before the Senate Judiciary Committee on the constitutionality of the Consumer Financial Protection Bureau and the Dodd Frank Act. The title for today's hearing gives you a flavor of the sweeping (and fringe) legal theories being advanced by the CFPB's opponents: "The Administrative State v. The Constitution: Dodd-Frank […]

Which Companies Are the Most Complained About to the CFPB?

CNBC has the story here.  Three of the top four are the big three credit bureaus. The Consumer Bankers Association is dismissive of the findings. Quoting now from Marketplace: “They're basically in the shaming of banks business by providing what I call a ‘David Letterman Top 10 List’ of complaints,” says Richard Hunt, president of […]

Russell Paper on Separating and Pooling in Response to Consumer Financial Mistakes

Jacob Hale Russell of Stanford has written Misbehavioral Law and Economics: Separating and Pooling in Responses to Consumer Financial Mistakes. Here is the abstract: Consumers’ choices in financial contracts do not always tell us what they really want. Put differently, revealed preferences are sometimes unreliable indicators of actual preferences. For instance, consider two consumers who […]

Paul Bland Op-Ed on Womack-Graves Arbitration Amendment

Here.  Excerpt:   * * * Congressmen Steve Womack (AR-3) and Tom Graves (GA-14) wrote an amendment to an appropriations bill that ignores all the evidence in the [2015 CFPB Arbitration] report. Unsurprisingly, they both have received consistent financial support for years from banking lobbyists. Adopted by voice vote within a matter of minutes, the amendment […]

House Appropriations Committee Votes to Block Arbitration Reform

by Jeff Sovern CFPB Monitor is reporting: [T]he House Appropriations Committee has approved an amendment to the FY 2016 Financial Services Appropriations bill that would impose new requirements on the CFPB before it can issue a rule governing arbitration agreements.  The amendment, which was introduced by Republican Representatives Steve Womack and Tom Graves, reportedly would […]

Bloomberg: Banks’ Billions in Overdraft Fees Seen Dodging Tough U.S. Rules

Here.  (HT: Matt Bruckner). Excerpt: After studying overdraft fees for more than three years, the Consumer Financial Protection Bureau is leaning against subjecting banks to tough new rules that would cap the size of charges or limit how frequently they can be imposed on consumers, said two people briefed on the agency’s work. More likely, […]

Times Reports on Attempts to Postpone Mortgage Disclosure Rules

Here.  An excerpt: The American Bankers Association, however, says its members aren’t ready. And it blames the vendors who supply the software and system upgrades needed for regulatory compliance. In a survey released earlier this month, 79 percent of responding banks said their vendors either had not verified a delivery date for the software updates […]