On November 6, the CFPB filed a notice with the Texas federal district court that it is appealing to the Fifth Circuit the district court’s order granting summary judgment to a group of trade associations in their lawsuit against the CFPB challenging the changes made to its UDAAP Exam Manual in March 2022. … Continue Reading
manual
This week’s podcast episode: Federal court rules CFPB cannot use UDAAP authority to regulate discrimination: a close look at the decision and its implications
By Barbara S. Mishkin on
In March 2022, the Consumer Financial Protection Bureau announced that it had revised its examination manual to instruct its examiners to apply the “unfairness” standard under the Consumer Financial Protection Act to conduct considered to be discriminatory, whether or not it is covered by the Equal Credit Opportunity Act. We first review the changes that the CFPB made to the manual, its rationale for the changes, and how those changes would allow the CFPB to target discrimination more broadly than the circumstances covered by the ECOA. … Continue Reading
CFPB to begin examining post-secondary schools that loan directly to students
By John L. Culhane, Jr. & Heather S. Klein on
Posted in CFPB Supervision, Student Loans
The CFPB has announced that it will begin examining post-secondary schools, such as for-profit colleges, that extend private loans directly to students and/or parents to fund undergraduate, graduate, and other forms of postsecondary education. The announcement was accompanied by the CFPB’s issuance of an update to its Education Loan Examination Procedures manual. … Continue Reading
CFPB updates complaint system manual
By Barbara S. Mishkin on
The CFPB has released an updated version of its Company Portal Manual that describes the operation of the portal through which companies can view and respond to consumer complaints submitted through the CFPB’s complaint system (which the CFPB plans to expand beyond complaints about credit cards and mortgages to include complaints about other products such as deposit accounts.)… Continue Reading