House Financial Services Committee Markup of Bill to Exclude Lawyers Litigating Debt Collection Cases from FDCPA Deferred Until March

by Jeff Sovern Earlier this week we linked to an op-ed by Mary Spector (SMU), Genevieve Hebert Fajardo (St. Mary’s) and Neil L. Sobol (Texas A&M) criticizing a debt collection bill pending in the House, HR 4550, which would exclude from the FDCPA's coverage attorneys to the extent they are engaging in litigation. Though the bill […]

Ohio State Representative Jonathan Dever Seen as a Top Candidate for CFPB Director

by Jeff Sovern So reports Ian MacKendry in the American Banker. The article says that Dever's candidacy is being pushed by Rep. Steve Stivers, R-Ohio, a member of the House Financial Services Committee and the National Republican Campaign Committee. As is usual in such matters, no sources are identified, though a couple of administration insiders […]

Mulvaney Does More Damage to the CFPB and Consumer Protection

by Jeff Sovern The drip of bad news for consumer protection continues. Yesterday, the CFPB announced a "Call for Evidence Regarding Consumer Financial Protection Bureau Functions;" Evan Weinberger has more at Law360. Today we learned, as Allison posted, that the Bureau's budgetary request for this quarter is nothing–it will spend down its reserves instead. Allison […]

Choice of Law in Anti-SLAPP Motions: Muhammad Ali Enterprises v. Fox

by Paul Alan Levy   Muhammad Ali's estate has sued Fox for running a promotion for its Superbowl broadcast that contrasted Ali''s greatness with the greatness of various football players.   Originally filed in the Northern District of Illinois, the complaint alleged claims under both the Lanham Act and the Illinois right of publicity.  It is hard […]

Mulvaney requests zero funding for CFPB for next quarter

Politico reports: Every quarter, the Consumer Financial Protection Bureau formally requests its operating funds from the Federal Reserve. Last quarter, former director Richard Cordray asked for $217.1 million. Cordray, an appointee of President Barack Obama, needed just $86.6 million the quarter before that. And yesterday, President Donald Trump’s acting CFPB director, Mick Mulvaney, sent his […]

House Financial Services Committee Hearing on Bill to Sharply Curtail CFPB Authority Over Banks and Credit Unions

by Jeff Sovern Last week, the House Financial Services Committee's Subcommittee on Financial Institutions and Consumer Credit held a hearing titled Legislative Proposals for a More Efficient Federal Financial Regulatory Regime: Part III on a variety of bills. One of the bills, H.R. 1264, provides that "Community financial institutions shall be exempt from all rules and regulations issued by the Bureau." […]

Spector, Fajardo, and Sobol: Debt bill hurts consumers

Writing in the Brownsville Herald, consumer law professors Mary Spector (SMU), Genevieve Hebert Fajardo (St. Mary’s) and Neil L. Sobol (Texas A& M) critique the debt collection bill pending in the House, HR 4550, which would exclude from the FDCPA's coverage attorneys to the extent they are engaging in litigation. Excerpt: House Resolution 4550, would […]

How student-loan debt got so big and some possible ways out

Law prof Ted Afield has written Compromising Student Loans, which explains why, in Afield's view, our student-loan programs do not properly assess a borrower's ability to pay back the loan. He also proposes a repayment program that he thinks would help borrowers who presently are unable to pay. Here is the abstract: Access to higher education […]

CFPB Announces Intention to Engage in a Rulemaking Procedure That “May Reconsider” Payday Rule

by Jeff Sovern Here.  It seems unlikely that the Bureau would go to the trouble of a rulemaking only to ratify the rule. The Bureau had previously stated that it intended to amend the prepay card rule.