Just when the conventional wisdom seemed to be that the CFPB was no longer going to assert that it could not request funding from the Federal Reserve because of combined losses at the Federal Reserve Banks, things have once again been thrown into a cocked hat. On May 11, 2026, the CFPB filed a notice of appeal to the U.S.… Continue Reading
federal reserve
OCC, Federal Reserve, and FDIC Finalize Revisions to the Community Bank Leverage Ratio Framework
By Scott A. Coleman & Beau Hurtig on
On April 23, 2026, the Office of the Comptroller of the Currency (OCC), Federal Reserve Board, and Federal Deposit Insurance Corporation (FDIC) jointly issued a final rule revising the Community Bank Leverage Ratio (CBLR) framework. The rule, titled “Regulatory Capital Rule: Revisions to the Community Bank Leverage Ratio Framework,” will take effect on July 1, 2026.It… Continue Reading
Why Judge Jackson Is Wrong: The CFPB Cannot Be Lawfully Funded When the Federal Reserve Has No Profits
By Alan S. Kaplinsky & Joseph J. Schuster on
Posted in CFPB
In her December 30, 2025 opinion in National Treasury Employees Union v. Vought (which we blogged about here), Judge Amy Berman Jackson concluded that the CFPB may continue to draw funding from the Federal Reserve System even when the Federal Reserve, on a combined basis, is losing money. According to the court, the statutory phrase “combined earnings of the Federal Reserve System” in 12 U.S.C.… Continue Reading
CFPB tells President, Congress it will need $279.6 million to continue statutorily required operations through September 30, 2026
Posted in CFPB
In Fiscal Year 2026, ending September 30, 2026, the CFPB will need $279.6 million just to maintain its activities that are required by law, Bureau Acting Director Russell Vought wrote in letters to House and Senate appropriators and President Trump.
Under Section 1017 of Dodd Frank, the CFPB may be funded only from the “combined earnings” of the Federal Reserve System (see here, here, and here; see our Podcast here).… Continue Reading
Today’s podcast episode: Everything You Want to Know About the CFPB as Things Stand Today, and Lots More – Part 2
By Ballard CFS Group on
Our podcast show being released today is part 2 of a repurposed interactive webinar that we presented on March 24 featuring two of the leading journalists who cover the CFPB – Jon Hill from Law360 and Evan Weinberger from Bloomberg.
Our show begins with Tom Burke, a Ballard Spahr consumer financial services litigator, describing in general terms the status of the 38 CFPB enforcement lawsuits that were pending when Rohit Chopra was terminated.… Continue Reading
Today’s Podcast: Prof. Hal Scott Doubles Down on His Argument That CFPB is Unlawfully Funded Because of Combined Losses at Federal Reserve Banks
By Ballard CFS Group on
Posted in CFPB, Federal Reserve Board
On June 6 of last year, Prof. Hal Scott of Harvard Law School was our podcast guest. On that occasion he delved into the thought-provoking question of whether the Supreme Court’s decision on May 16 in the landmark case of CFSA v. CFPB really hands the CFPB a winning outcome, or does the Court’s validation of the agency’s statutory funding structure simply open up another question – namely, whether the CFPB is legally permitted under Dodd-Frank to receive funds from the Federal Reserve even though the Federal Reserve Banks have lost money on a combined basis since September 2022.… Continue Reading
CFPB files and prosecutes yet another enforcement lawsuit using funds obtained in violation of the CFPB’s enabling statute (Dodd-Frank Act) and the Constitution
By Alan S. Kaplinsky on
The Introduction to the Complaint which was filed by the CFPB on May 17, 2024 against Solo Funding, Inc. in the United States District Court for the Central District of California – Western Division Los Angeles (Judge R. Gary Klausner) describes the CFPB’s claims as follows:
INTRODUCTION
- The Consumer Financial Protection Bureau (“Bureau”) brings this action under §§ 1031, 1036(a), 1054, and 1055 of the Consumer Financial Protection Act of 2010 (CFPA), 12 U.S.C.
A very thoughtful article about legality of CFPB’s funding when Federal Reserve System is losing money
By Alan S. Kaplinsky on
Posted in CFPB
Shortly after the Supreme Court issued its 7-2 opinion in CFSA v. CFPB, holding that the funding mechanism for the CFPB created in the Dodd-Frank Act (a capped amount each year from the “combined earnings of the Federal Reserve System”) is Constitutional, several scholars, one practitioner (me) and legislators began to focus on a different statutory and constitutional infirmity —namely, the fact that since September 2022, the Federal Reserve System had no combined earnings out of which it could lawfully fund the CFPB.… Continue Reading
Director Rohit Chopra continues to dismiss arguments that the CFPB is unlawfully funded out of losses of Federal Reserve Banks
By Alan S. Kaplinsky & Ballard CFS Group on
Posted in CFPB
On June 13, 2024, CFPB Director Rohit Chopra appeared before the House Financial Services Committee for a hearing, “The Semi-Annual Report of the Bureau of Consumer Financial Protection.” As we expected, the House Financial Services Committee also tackled the earnings issue raised by Senator John Kennedy (R-LA). We previously blogged that CFPB Director Rohit Chopra was dismissive of the argument that the CFPB was unlawfully funded out of losses of the Federal Reserve Banks.… Continue Reading
Director Rohit Chopra gives the back of his hand to argument that CFPB is unlawfully funded out of losses of Federal Reserve Banks
By Alan S. Kaplinsky & Ballard CFS Group on
Posted in CFPB
It took about an hour for someone on the Senate Finance Committee during its hearing today to mention the “elephant in the room” — namely, the fact that the CFPB is only allowed under Dodd-Frank to be funded out of “combined earnings of the Federal Reserve System” and that there has been no combined earnings of the Federal Reserve System beginning in September, 2022.… Continue Reading