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Financial Services Law Insights and Observations

CFPB proposes registry of nonbank repeat offenders

Agency Rule-Making & Guidance Federal Issues CFPB Repeat Offender Nonbank Enforcement CFPA UDAAP State Issues

Agency Rule-Making & Guidance

On December 12, the CFPB announced a proposed rule seeking to identify repeat financial law offenders by establishing a database of enforcement actions taken against certain nonbank covered entities. Specifically, the Bureau proposes to enhance market monitoring and risk-based supervision efforts by including all final public written orders and judgments (including any consent and stipulated orders and judgments) obtained or issued by any federal, state, or local government agency for violation of certain consumer protection laws related to unfair, deceptive, or abusive acts or practices in the database. Additionally, pursuant to Section 1024(b)(7) of the Consumer Financial Protection Act, the Bureau is also proposing that larger supervised nonbanks be required to submit annual written statements regarding compliance with each underlying order that is signed by an attesting executive with “knowledge of the entity’s relevant systems and procedures for achieving compliance and control over the entity’s compliance efforts.” Excluded from the registry will be insured depository institutions and credit unions, related persons, states, natural persons, and certain other entities.

Explaining that protecting American consumers is a shared effort spanning local, state, and federal authorities, CFPB Director Rohit Chopra stated that currently “readily accessible information is lacking about the identity of orders issued against nonbanks subject either to the CFPB’s market monitoring authority or to its supervisory authority across the various markets for consumer financial products and services.” The creation of a central repository of enforcement actions around the country for use in tracking and mitigating risks posed by repeat offenders and monitoring entities subject to agency and court orders will help the Bureau, the law enforcement community, and the public “limit the harms from repeat offenders,” the Bureau said in its announcement. The Bureau noted that it plans to share the database with other regulators and law enforcement agencies by making the registry public.

Comments on the proposal are due 60 days after publication in the Federal Register. The Bureau said the proposed registry would launch “no earlier than January 2024.”