Consumer Financial Protection Bureau (CFPB) | Practical Law (2024)

Created under Title X (the Consumer Financial Protection Act of 2010) of the Dodd-Frank Act, the Consumer Financial Protection Bureau (CFPB) is an independent agency within the Board of Governors of the Federal Reserve System. The CFPB regulates the offering and provision of consumer financial products and services under federal consumer financial laws. In particular, the CFPB has:

  • Supervisory and enforcement authority over insured depository institutions and insured credit unions with more than $10 billion in assets.

  • Rulemaking, supervisory, and enforcement authority over covered persons subject to specified exceptions. Covered person is defined as any person engaged in offering or providing a "consumer financial product or service" and any affiliate of that person that acts as a service provider to that person. A consumer financial product or service is a financial product or service that is "offered or provided for use by consumers primarily for personal, family, or household purposes" or that is "delivered, offered, or provided in connection with" the financial product or service.

Examples of a qualifying financial product or service include:

  • Extending credit and servicing loans, including acquiring, purchasing, selling, brokering or other extensions of credit (other than solely extending commercial credit to a person who originates consumer credit transactions).

  • Extending or brokering certain leases of personal or real property that are the functional equivalent of purchase finance arrangements.

  • Providing real estate settlement services.

  • Engaging in deposit-taking activities, transmitting or exchanging funds, or otherwise acting as a custodian of funds or any financial instrument for use by or on behalf of a consumer.

  • Providing or issuing stored value or payment instruments and selling these instruments in certain circ*mstances.

  • Providing check cashing, check collection, or check guaranty services.

  • Providing certain payments or other financial data processing products or services.

  • Providing certain financial advisory services other than those regulated by the Securities Exchange Commission (SEC) or state securities regulators.

  • Collecting, analyzing, maintaining, or providing consumer report information or other account information subject to certain exceptions.

  • Collecting debt related to any consumer financial product or service.

  • Any other financial product or service the CFPB may determine in certain cases.

The Dodd-Frank Act does exclude certain categories of persons from the regulatory authority of the CFPB. Some of the persons excluded include lawyers, accountants, real estate brokers, and persons regulated by a state insurance regulator, a state securities commission, the Securities Exchange Commission (SEC), or the Commodities Futures Trading Commission (CFTC).

The director of the CFPB is appointed by the President, subject to the confirmation of the US Senate and is a voting member of the Financial Stability Oversight Council (FSOC).

Consumer Financial Protection Bureau (CFPB) | Practical Law (2024)

FAQs

Consumer Financial Protection Bureau (CFPB) | Practical Law? ›

In particular, the CFPB has: Supervisory and enforcement authority over insured depository institutions and insured credit unions with more than $10 billion in assets. Rulemaking, supervisory, and enforcement authority over covered persons subject to specified exceptions.

What is the CFPB consumer law? ›

The CFPB implements and enforces federal consumer financial laws to ensure that all consumers have access to markets for consumer financial products and services that are fair, transparent, and competitive.

What is the main purpose of the CFPB? ›

The CFPB was created to provide a single point of accountability for enforcing federal consumer financial laws and protecting consumers in the financial marketplace. Before, that responsibility was divided among several agencies. Today, it's our primary focus.

Who do CFPB rules apply to? ›

The CFPB supervises a range of companies to assess their compliance with federal consumer financial laws. We have supervisory authority over banks, thrifts, and credit unions with assets over $10 billion, as well as their affiliates.

Is the CFPB a law enforcement agency? ›

When a financial institution, individual, or other entity subject to the CFPB's authority breaks the law, the CFPB may take enforcement action against them. In certain cases, the CFPB may partner with other federal, state, or local agencies to investigate the wrongdoing and coordinate the enforcement action.

Does filing a complaint with the CFPB do anything? ›

Consistent with applicable law, we securely share complaints with other state and federal agencies to, among other things, facilitate: supervision activities, enforcement activities, and. monitor the market for consumer financial products and services.

Does the CFPB have any power? ›

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the CFPB has authority to use traditional law enforcement to stop companies from engaging in conduct that pose risk to consumers; this can involve adversarial litigation.

What is a CFPB complaint? ›

We send consumers' complaints about consumer financial products and services—including complaints referred to the CFPB by prudential regulators and other government agencies—to the CFPB-supervised bank or credit union or to the nonbank identified by the consumer. Review the list of complaint types we send to companies.

What is the penalty for violating the CFPB? ›

For any violation of a law, rule, or final order or condition imposed in writing by the CFPB, a civil money penalty of up to $5,000 for each day during which such violation or failure to pay continues.

Who controls the CFPB? ›

The CFPB's creation was authorized by the Dodd–Frank Wall Street Reform and Consumer Protection Act, whose passage in 2010 was a legislative response to the financial crisis of 2007–08 and the subsequent Great Recession and is an independent bureau within the Federal Reserve.

What is the 777 rule with debt collectors? ›

The “777 Rule” states that debt collectors may attempt to contact a consumer about a single debt up to seven times in seven days. Phone numbers do not matter; it's the number of debts that matters.

What actions can the CFPB take? ›

When we take action to enforce the law, we (or a court) may order the violator to remedy the harm it caused consumers by compensating victims for this harm. We may also give back money through our civil penalty fund or our redress program.

What two laws created the CFPB? ›

In July 2010, Congress passed and President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act. The law – often referred to as the Dodd-Frank Act – created the Consumer Financial Protection Bureau (the CFPB).

Is CFPB state or federal? ›

The Consumer Financial Protection Bureau is a 21st century agency that implements and enforces Federal consumer financial law and ensures that markets for consumer financial products are fair, transparent, and competitive.

Why am I getting a letter from CFPB? ›

Sometimes the CFPB will send a warning letter to advise recipients that certain actions may violate federal consumer financial law. These are not accusations of wrongdoing.

Who does the CFPB report to? ›

Divisions at the CFPB report directly to the Office of the Director, except for the Operations Division, which reports to the Deputy Director. Operations is the operational support arm of the CFPB.

Does the CFPB regulate non banks? ›

CFPB supervises nonbanks in markets for mortgage lending, payday lending, and private student lending, as well as larger participants in markets for consumer reporting, consumer debt collection, student loan servicing, international money transfers, and automobile financing.

Does CFPB apply to insurance companies? ›

However, despite exclusions in the law for the “business of insurance” and for “any ‎person regulated by a state insurance regulator”, the CFPB has authority over insurance companies if: (1) ‎they provide a “consumer financial product or service” such as financial advisory services, loans to ‎policyholders and ...

How does the CFPB enforce laws? ›

When we take an enforcement action against an entity or person we believe has violated the law, we will post court documents and other related materials here. The Bureau may enforce the law by filing an action in federal district court or by initiating an administrative adjudication proceeding.

Does the CFPB regulate credit reporting agencies? ›

The Consumer Financial Protection Bureau (CFPB) helps consumers by providing educational materials and accepting complaints. It supervises banks, lenders, and large non-bank entities, such as credit reporting agencies and debt collection companies.

Top Articles
Latest Posts
Article information

Author: Rubie Ullrich

Last Updated:

Views: 6560

Rating: 4.1 / 5 (72 voted)

Reviews: 87% of readers found this page helpful

Author information

Name: Rubie Ullrich

Birthday: 1998-02-02

Address: 743 Stoltenberg Center, Genovevaville, NJ 59925-3119

Phone: +2202978377583

Job: Administration Engineer

Hobby: Surfing, Sailing, Listening to music, Web surfing, Kitesurfing, Geocaching, Backpacking

Introduction: My name is Rubie Ullrich, I am a enthusiastic, perfect, tender, vivacious, talented, famous, delightful person who loves writing and wants to share my knowledge and understanding with you.