CFSL Bulletin The latest Consumer Financial Services Litigation news, developments, and legal thinking

Tag Archives: Consumer Financial Protection Act of 2010 (CFPA)

CFPA Q&A: Which Laws Are Within The Bureau’s Purview?

Posted in Consumer Financial Protection Act

Virtually every well- and lesser-known federal consumer financial protection statute. Under the CFPA, the Bureau will regulate the offering and provision of any consumer financial product or service under the "Federal Consumer Financial Laws," which includes, among other things, the CFPA, any rules promulgated by the Bureau, and the "Enumerated Consumer Laws." The CFPA expressly excludes the Federal Trade Commission Act from the definition of the Federal Consumer Financial Laws.

The CFPA defines the Enumerated Consumer Laws to include all of the following statutes:

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CFPA Q&A: Describe The Bureau’s Rulemaking Authority.

Posted in Bureau of Consumer Financial Protection; Consumer Financial Protection Act

Expansive. The Consumer Financial Protection Act’s ("CFPA") Bureau of Consumer Financial Protection ("Bureau") will not only be big, but it will have broad and sweeping rulemaking authority. Specifically, the Bureau’s Director, once selected and confirmed, will have the power to "prescribe rules . . . as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of the Federal consumer laws, and to prevent evasions thereof." The Bureau’s purpose is "ensuring that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products are services are fair, transparent, and competitive." The Bureau’s objectives include exercising its authority to ensure that, among other things:

  • consumers get timely and understandable information about consumer financial products;
  • outdated and burdensome regulations are modified to reduce unwarranted regulatory burdens;
  • the Federal consumer financial law is consistently enforced; and
  • consumers are protected from discrimination, and unfair, deceptive, or abusive acts and practices.

In short, the CFPA’s virtually all-encompassing rulemaking power covers almost every aspect of most consumer financial products.   

Meet The New Boss: The Bureau of Consumer Financial Protection

Posted in Bureau of Consumer Financial Protection

With the passage and signing of the omnibus Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), a new era of financial regulation has been born. The 2,300 plus pages of new legislation will forever change the way financial services companies do business in the United States (and elsewhere). With that in mind, the CFSL Bulletin will publish a series of articles reviewing the 429 pages of Title X of the Dodd-Frank Act, also known as the Consumer Financial Protection Act of 2010 (CFPA). The series begins with a detailed overview of the Bureau of Consumer Financial Protection (Bureau), the new primary regulator with authority over consumer financial products and virtually every federal consumer financial protection statute. Specifically, this installment will address: 

  1. The CFPA’s Effective Date;
  2. The Bureau’s Limitations;
  3. The Structure of the Bureau;
  4. The Bureau’s Rulemaking Authority; and
  5. The Bureau’s Supervisory Authority.

Subsequent articles will focus on the CFPA’s provisions addressing preemption, enforcement, regulatory improvements, and federal consumer financial protection statutory amendments. 

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