On January 23, 2018, Mick Mulvaney, Acting Director of the Consumer Financial Protection Bureau (the “CFPB”), published an opinion editorial in The Wall Street Journal (the “Op-Ed”) describing his vision of the CFPB’s role in regulating the financial services industry. The Op-Ed struck a clear and contrasting tone from that of his predecessor, Richard Cordray, in declaring that the CFPB will no longer “push the envelope.” Specifically, Mr. Mulvaney provided his vision relating to three areas of current CFPB operations.
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A New Era: The CFPB to Reconsider How it Fulfills Its Purpose
On January 17, 2018, the Consumer Financial Protection Bureau (the “CFPB”) announced that it will issue a call for “evidence” to ensure the CFPB is “fulfilling its proper and appropriate functions to best protect consumers.” The announcement states that in the coming weeks the CFPB will issue a Request for Information (“RFI”) seeking comment on the CFPB’s currently utilized enforcement, supervision, rulemaking, market monitoring and education activities. In so doing, the CFPB’s current utilization of its statutory authority to prosecute Unfair, Deceptive, or Abusive Acts and Practices (“UDAAP”) claims will likely take center stage.
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