The CFPB’s proposed revisions to its “Policy to Encourage Trial Disclosure Programs” (TDP Policy) have been strongly criticized by consumer and public interest groups who, in addition to other objections, assert that the proposal exceeds the Bureau’s authority under Section 1032(e) of the Dodd-Frank Act.

Section 1032(e)(1) provides:

The Bureau may permit a covered person

In this week’s podcast, Ballard Spahr attorneys Alan Kaplinsky and James Kim discuss the implications of the CFPB’s first enforcement action under Acting Director Mulvaney and analyze the amendments proposed by the CFPB to its trial disclosure policy (TDP).  Alan chairs Ballard’s Consumer Financial Services Group and James, a partner in the CFS Group,

We have revised the blog to more fully discuss the effect of a waiver on potential UDAAP liability.

The CFPB is proposing significant revisions to its “Policy to Encourage Trial Disclosure Programs” (TDP Policy), which sets forth the Bureau’s standards and procedures for exempting individual companies, on a case-by-case basis, from applicable federal disclosure requirements

The CFPB has finalized its policy for exempting individual companies, on a case-by-case basis, from applicable federal disclosure requirements to allow those companies to test trial disclosures.  The final policy encourages “banks, thrifts, credit unions, and other financial services companies to innovate by proposing and conducting [trial disclosure] programs.”   

In issuing the policy, the CFPB