In law enforcement cases, the CFPB has returned over $12 billion in consumer refunds and has forgiven debts to Americans who were cheated by illegal practices. Most recently, the CFPB caught Wells Fargo fraudulently creating over 2 million fake bank accounts without consumers' permission.
The agency has also proposed new compromise rules on payday lending. Payday lenders make loans with average interest rates of 450 percent per annum that often trap struggling consumers in a vicious cycle of debt. That's why these loans are currently prohibited in many states and were illegal in Utah prior to the 1980s. In states like Utah, where payday lending is legal, the CFPB's proposal would require lenders to verify that their customers have the ability to repay before making triple digit interest rate loans.
But in President Donald Trump's new administration, a feeding frenzy of banking industry lobbyists has swarmed Washington, trying to make it easier for the consumer finance industry to rip off its customers. Among other things, the bill, HR10, would eliminate stress testing and emergency planning requirements for many of the largest financial institutions. The bill also cuts the CFPB's independent source of funding, which could allow lobbyists to hobble the agency with annual threats to its funding.
Ironically, the bill also renames the CFPB the "Consumer Law Enforcement Agency," even though it cynically erects logistical hurdles designed to cripple actual law enforcement efforts. For example, the bill eliminates the CFPB's authority to conduct audits of large banks and other financial companies. And it imposes the absurd requirement of an exhaustive economic study every time the agency opens a law enforcement case. The bill even creates a special exception prohibiting any law enforcement cases against payday lenders. Most astonishing, the bill actually eliminates the federal prohibition of "deceptive acts or practices" that the CFPB has used in court to provide over 90 percent of its restitution to the public because, apparently, we need more deception in the consumer finance industry?
If HR10 passes, the average Utahn will soon face more tricks and traps in managing their finances. Sadly, Love and Trump have catered to the worst impulses of the financial industry at the expense of voters. Now the bill is moving to the floor of the House, where Reps. Rob Bishop, Jason Chaffetz and Chris Stewart, and then eventually Sens. Orrin Hatch and Mike Lee, will have a chance to put their constituents ahead of special interests. Let's hope they do.
Christopher L. Peterson is the John J. Flynn Professor of Law at the University of Utah and served as a special adviser in the director's office of the Consumer Financial Protection Bureau.