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Financial Services Law Insights and Observations

House Subcommittee Holds Hearing on CFPB Under Director Cordray

CFPB UDAAP

Consumer Finance

On January 24, the House Oversight Subcommittee on TARP, Financial Services, and Bailouts of Public and Private Programs held a hearing to receive testimony from newly appointed CFPB Director Richard Cordray. Committee members (i) sought the Director’s interpretation of the term “abusive” as it is used in the Dodd-Frank Act, (ii) requested more transparency into the CFPB’s planned regulatory actions, and (iii) requested CFPB action to mitigate the impacts of its regulations on small and community institutions. Mr. Cordray declined to offer a definition of “abusive”, relying instead on the statutory language. The Director did state that abusive practices that are not also either “unfair or deceptive”, likely would be addressed on a “facts and circumstances” basis rather than through an “abstract” regulatory definition. He did not rule out using “abusive practices” as the basis of an enforcement action prior to issuing any further guidance or rulemaking. The Director committed to consider following the SEC’s model of periodically publishing a regulatory agenda. He also explained that the CFPB will consider and address impacts of its regulatory actions on community banks and financial institutions with under $10 billion in assets.

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