The CFPB: AUTHORITIES, ISSUES, HOT TOPICS & PREDICTIONS November 17, 2016 Chicago, IL Jurisdiction of the CFPB Larry Platt Partner
[email protected] Jeff Taft Partner
[email protected] The CFPB: AUTHORITIES, ISSUES, HOT TOPICS & PREDICTIONS November 17, 2016 Introduction Introduction • It is over 5 years since the CFPB commenced operations, and • We thought we would start by highlighting the jurisdiction of most of you here already have had direct experience with the the CFPB. CFPB. • Remember that the CFPB has three major functions: rule • By this point, if you have not yet had the pleasure of making its making, supervision and enforcement. acquaintance it means either: – You are too small to get their attention – There are no customer complaints to put you on their radar screen – You are really good at what you do from a compliance perspective – Your business is not subject, directly or indirectly, to the CFPB’s jurisdiction – You are invisible – You are lucky-very lucky 5 6 The CFPB: AUTHORITIES, ISSUES, HOT TOPICS & PREDICTIONS November 17, 2016 Introduction What is a “Federal Consumer Financial Law” • It has a singularity of purpose to protect consumers. For • A “Federal consumer financial law” consists of: example, unlike the banking agencies, it does not have direct – “enumerated financial laws” authority to prescribe and monitor “safety and soundness” – provisions of the Consumer Financial Protection Act (the “Act”) (e.g., issues. UDAAP) – Note, however, that, in exercising its rule making authority, the – the laws for which authorities are transferred under certain subtitles CFPB is obligated to consider the potential benefits and costs to of the Act (e.g., allows the CFPB to enforce the Telemarketing Sales both consumers and providers of consumer products and Rule) services, including the potential reduction of access of – any rule or order prescribed by the CFPB under the Act (among other consumers to products and services resulting from the rule.