Maybe it’s the Chamber that needs to be held accountable: comments on their ad attacking the CFPB

by Jeff Sovern As you may know, the US Chamber of Commerce has been running commercials attacking the CFPB and its director, Rohit Chopra. If you are going to read further, I suggest you first click on the link to watch the commercial. And now, some comments: The title of the commercial is "The CFPB […]

Bruckner & Ryan paper compares complaints about fintech and traditional student loan lenders & servicers

Matthew A. Bruckner of Howard and CJ Ryan of Louisville and the American Bar Foundation have written The Magic of Fintech? Insights for a Regulatory Agenda from Analyzing Student Loan Complaints Filed with the CFPB, Dickinson Law Review, Forthcoming 2022. Here’s the abstract: This paper looks at consumer complaints about student loan lenders and servicers […]

GOP legislators accuse CFPB of colluding with states, as Kraninger did

by Jeff Sovern Three House Republicans have accused CFPB director Rohit Chopra of “colluding with states” and “conspiring with state agencies.” And yet, the Trump-nominated CFPB director Kathy Kraninger collaborated with state attorneys general, as for example, in the Bureau’s settlement with Nationstar Mortgage. I wonder if the legislators complained about Kraninger colluding with states.

WSJ: Equifax Sent Lenders Inaccurate Credit Scores on Millions of Consumers

Here but paywalled. Excerpt: * * * The scores were sometimes off by 20 points or more in either direction, the people said, enough to alter the interest rates consumers were offered or to result in their applications being rejected altogether. * * * “We have determined that there was no shift in the vast […]

Unfairness and Disparate Effects

by Jeff Sovern As we wrote about in May, the CFPB takes the position that it can use its unfairness power when consumer financial service companies discriminate. One issue that has arisen is whether when it does so, the Bureau will use the disparate effects test, sometimes called the disparate impact test, to determine if […]

CFPB analysis of potential impacts of medical debt credit reporting changes

This week, the Consumer Financial Protection Bureau published an analysis of how actions announced by the three largest national consumer reporting companies – Experian, Equifax, and TransUnion – will affect people who have allegedly unpaid medical debt on their credit reports. “Nearly half of those with medical collections appearing on their credit reports will continue […]

OCC CFP: THE IMPLICATIONS OF FINANCIAL TECHNOLOGY FOR BANKING

From the CFP: The Office of the Comptroller of the Currency (OCC) is soliciting academic-and policy-focused research on the impact of financial technology (fintech) entities and nonbanks on banking and the markets for lending, deposit-taking, and payment services through August 21, 2022. The OCC will invite authors of selected papers to present to OCC staff […]

Dan Solove gives the pending privacy bill a B+ but pans preemption

Here.  Excerpt: One possible compromise: The ADPPA could contain a preemption provision that would sunset after 5 or 10 years unless Congress would amend the law to renew the preemption term for another 5-10 years. This would force Congress to revisit the law in order to renew the preemption for another period.

Paper responds to Wilf-Townsend’s Assembly-Line Plaintiffs

Last year, we published a link to Daniel Wilf-Townsend's Harvard Law Review article  Assembly-Line Plaintiffs. Now Jessica Steinberg of George Washington, Colleen F. Shanahan of Columbia, Anna E. Carpenter of Utah, and Alyx Mark of Wesleyan's Dept. of Government and the American Bar Foundation have written a response to it, The Democratic (Il)legitimacy of Assembly-Line […]