In its brief, the CFPB argues that under binding precedent, the only relevant question to determining the constitutionality of an agency’s structure is whether or not that structure is “of such a nature that it will impede the President’s ability to perform his constitutional duty…to take care that the laws are faithfully executed” (emphasis in the original).
The bureau’s proposed rule would disrupt community bank lending because of its “extremely complex and prescriptive nature,” said executives from ICBA and CUNA. CFPB Director Richard Cordray defended the move as an attempt to eliminate debt traps.
Regulators’ action against Citizens Bank of Pennsylvania has huge ramifications for the banking industry. Three regulators − the CFPB, FDIC and the Office of the Comptroller of the Currency – have ordered Citizens to pay $14 million in refunds to consumers and another $20.5 million penalty.
The Consumer Financial Protection Bureau has finalized revisions to its international money remittances rule which will extend an exemption for certain remittances.
Community banks have a potential advantage over larger competitors under the Consumer Financial Protection Bureau’s ability-to-repay and Qualified Mortgage Rule, Melissa Blundell informed bankers at the Bank Holding Company Association’s Spring Seminar.
The ex-CFPB Deputy Director Raj Date has attracted criticism for creating a mortgage company which competes in nonqualified mortgages, a category of loan he helped create at the CFPB. While Date’s conduct has its critics and defenders, one thing is certain. Community banks have been pushed out of the mortgage business by the rules Date helped write, and Date’s company now plans to soak up the extra loans.
Since its creation in July 2011, the Consumer Financial Protection Bureau (CFPB) has entered into five public consent orders with financial institutions and, in one case, a service provider, to correct alleged consumer protection violations. While these orders involved some of the biggest institutions in the industry (Capital One, Discover and American Express), there are valuable insights to be gleaned from these orders for both institutions directly monitored by the CFPB and institutions that are examined for consumer protection compliance by their prudential regulators (especially since the Federal Deposit Insurance Corporation (FDIC) joined in two of the orders).
Often when Congress creates a new agency, those subject to such agency’s jurisdiction anxiously await the implications. Bankers are no exception with respect to the newly created Consumer Financial Protection Bureau (CFPB). While we hope for the best, the skeptic in us naturally expects draconian consequences and inflexible policies designed to benefit consumers without consideration of the safety and soundness of the financial institution. However, a recent CFPB bulletin provides reason to be cautiously optimistic that the CFPB may be responsive to the business needs of the banking industry under the proper circumstances.
Agricultural bankers will likely find themselves subject to additional reporting and disclosure requirements, courtesy of the Dodd-Frank Act and the Consumer Financial Protection Bureau the law established. But their biggest competition in rural America will not.
Given that only a basic CFPB organizational chart – without names – exists on the agency’s web site, CFPB Journal did some digging to offer a more thorough look at the other leaders and staff members who will shape the bureau going forward.