Paul Weiss: The Coming Transformation of the CFPB in the Biden Administration: What to Expect and How to Prepare

Here. Excerpt (footnotes omitted):

As then-Professor Elena Kagan explained in her famous article, “Presidential Administration,” it is the overriding tendency of recent presidents to harness executive agencies’ rulemaking and other authorities and use them as extensions of their own policy and political agendas. Given the CFPB’s broad authorities, its ample funding through the Federal Reserve, and the extent of consumer hardship during the pandemic, it would not be surprising if President Biden fully weaponizes the CFPB in the service of his agenda. * * *

As a result, a Chopra-led CFPB that is part of the Biden Administration will likely aggressively deploy the agency’s rulemaking, supervisory, enforcement, and other authorities to address the financial challenges faced by consumers during the pandemic, boost fair-lending enforcement and seek greater penalties and remedies across the range of enforcement activity, and renew or initiate more assertive approaches to regulating payday lending, student loans, credit reporting, and other sectors.

The essay also discusses numerous areas to watch.

(H/T: Norm Silber)

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