On October 29, 2015, the CFPB filed a petition in D.C. federal court to enforce the CID it issued on August 25, 2015 to the Accrediting Council for Independent Colleges and Schools (ACICS).
ACICS’ petition to modify or set aside the CID was denied by the CFPB on October 8. (According to the CFPB’s petition to enforce the CID, ACICS filed a motion to reconsider the denial with the CFPB and was notified by the CFPB that such a motion is not permitted by the CFPA or CFPB regulations.)
In its memorandum in support of its petition to enforce the CID, the CFPB claims that the CID is within the CFPB’s authority to prevent unfair, deceptive or abusive acts or practices. According to the CFPB, the CID relates to an a CFPB investigation “to determine whether any entity or person has engaged or is engaging in unlawful acts or practices in connection with accrediting for-profit colleges, in violation of [CFPA provisions dealing with UDAAPs].”
The CFPB further states that it “has investigated for-profit colleges for deceptive practices tied to their private student lending activities.” It also cites its authority to issue a CID to “any person” that it has “reason to be believe” may have information relevant to a violation. The CFPB further claims that the CID seeks relevant information and is not too indefinite, overly broad, or unduly burdensome.
ACICS must respond to the petition by November 18, 2015 and the CFPB has until November 25, 2015 to file a reply.