Mulvaney’s Calendar is Mostly Empty of CFPB Items: “Enforcement Deep Dive” Takes Only an Hour

by Jeff Sovern The CFPB has posted online Interim Director Mulvaney's calendar for December and January. I can't tell how complete it is, but it has only a fraction of the number of items that former Director Cordray's calendar (also online at the same site) had for the months I randomly selected. Either Mulvaney is […]

Zywicki vs. TransUnion

by Jeff Sovern On Monday, I posted a link to Todd Zywicki's WSJ op-ed in which he accused Cordray's CFPB of pummeling consumers and wrote that "The pain was especially acute for low- and middle-income consumers who lost access to credit cards, faced higher bank fees and reduced access to free checking, and found it […]

CFPB Not Hiring for Honors Attorney Program This Year Under Any Name

by Jeff Sovern A student forwarded me the following email (I've omitted identifying information to protect the student's confidentiality): Good afternoon, Thank you for your interest in the CFPB’s Honors Attorney Program.  Unfortunately we will not be extending offers for the program this year. Please keep the Bureau in mind as you plan your future […]

Todd Zywicki: Cordray’s CFPB “Pummeled” Consumers

by Jeff Sovern George Mason's Todd Zywicki has an op-ed in the WSJ, The CFPB Could Be a Force for Good, in which he lays out his vision for what the CFPB should do and attacks what it did under Cordray. Zywicki is the only academic whose name has been bruited about as a potential Trump […]

Sixth Circuit holds that bare allegation of FDCPA statutory violation is not an Article III injury under Spokeo

In today's decision in Hagy v. Demers & Adams, the Sixth Circuit held that a bare allegation that a debt collector's letter that fails to say it's "from a debt collector" as required by the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e(11), is not an article III injury under the Supreme Court's decision […]

Nelson/Wright Article Applies CBA to State Unfairness Cases

Elise M. Nelson of Freshfields Bruckhaus and Joshua D. Wright of George Mason have written Judicial Cost-Benefit Analysis Meets Economics: Evidence from State Unfair and Deceptive Practices Laws, 81 Antitrust Law Journal (2017). Here is the abstract: Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair or deceptive acts or practices in or affecting commerce." […]

Am. Banker: Mulvaney looks to neuter CFPB’s most potent weapon

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 […]

Mulvaney Was Actually Obliged to Issue the Strategic Plan

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 […]

“The CFPB’s Declaration of Dependence”

ProPublica has an article about the Consumer Financial Protection Bureau today. Here is the lead: Born as a fiercely independent agency meant to protect citizens, the Consumer Financial Protection Bureau has quickly been subsumed into the Trump administration. Banks, student-loan agencies and payday lenders are the winners. The full article is here.

Cordray op-ed: “The Trump administration is trying to undermine the CFPB. It will fail.”

Former Director of the Consumer Financial Protection Bureau Richard Cordray has an op-ed in the Washington Post today, expressing concerns about the agency's current path: The CFPB was designed to serve as a tough and independent watchdog for consumers. Yet Trump and White House budget director Mick Mulvaney, the bureau’s putative acting head, have bullied […]