Consumer Watchdog Doubled Caseload in 2015
11 January 2016 - 11:30PM
Dow Jones News
WASHINGTON—The Consumer Financial Protection Bureau roughly
doubled the number of enforcement cases it brought last year as the
federal watchdog stepped up its scrutiny of industries including
credit cards, auto lending and debt collection.
CFPB officials said that in 2015, the bureau handled 59 cases in
which companies settled allegations of wrongdoing and 11 cases that
led to lawsuits. That compares with 23 settlements and 11 lawsuits
for 2014, and 21 settlements and seven lawsuits for 2013.
The sharp increase reflects the growth in the number of
investigators, examiners and administrative staff, as well as
maturing of the bureau's practices and policies four years after it
was established under the Dodd-Frank financial overhaul law, said
Tony Alexis, the CFPB's director of enforcement.
In an interview, Mr. Alexis declined to say whether the bureau's
activities would continue to grow at a similar pace in 2016, but he
said the agency's supervision and enforcement operations are now
"fully functional." He told a legal conference Friday that the CFPB
will be particularly active this year, enforcing rules in areas
such as debt collection, mortgage servicing and student loan
servicing.
The enforcement division, he said, increasingly relies on a
bureau-wide process of scrutinizing financial institutions and
their practices and products, looking for the "riskiest behaviors
in which consumers can be hurt very quickly in a very profound
way."
Last year's cases resulted in $6 billion in relief for consumers
as the compensation for damages, and $1 billion in restitution as
unlawfully obtained gains were forfeited and returned to
consumers.
"We have muscle memory now built into our programs," Mr. Alexis
said.
Contributing to the steep year-over-year increase are cases the
bureau initiated a year or two ago while it was in growth mode, Mr.
Alexis said. The average life cycle of the CFPB cases is about a
year and a half, he said.
The vast majority of the cases involve alleged violations of
so-called Udaap rules—unfair, deceptive or abusive acts or
practices. Companies and their lawyers have complained that the
Udaap rules are overly broad, making enforcement actions
unpredictable.
According to an analysis of the bureau's 2015 activities by
lawyers at Davis Wright Tremaine LLP, alleged Udaap violations
accounted for three-quarters of all enforcement actions by the
bureau.
"It is less helpful for the CFPB to define Udaap through
enforcement rather than through rule making. It would be more
efficient if the CFPB tells the industry what it wants by
promulgating rules or issuing agency guidance," said Jenny Lee, a
partner at Dorsey & Whitney LLP and a former CFPB enforcement
attorney. She describes the agency as the "most litigious federal
regulator facing the financial services industry."
Still, lawyers say the CFPB has begun to show more flexibility
in allowing companies to resolve issues through inspection and
informal dialogue. For example, there have been more cases where
companies that voluntarily disclosed problems and their solutions
avoided public embarrassment—and damage to their reputations. "More
recently, there is a trusting relationship between the institution
and the bureau," Andrew Sandler, partner of BuckleySandler LLP,
said at the conference.
Spending by the CFPB's supervision, enforcement and fair lending
division totaled $140.79 million for the year ended Sept. 30, up
3.7% from a year earlier. The division accounted for more than a
quarter of the bureau's $524.4 million annual budget, according its
annual report submitted to Congress last month.
Responding to the bureau's stepped-up enforcement, some big law
firms are hiring more lawyers with expertise in consumer financial
products, including former CFPB employees like Ms. Lee.
Covington & Burling said last week it had formally
established a group focused on CFPB issues, as it hired Eric
Mogilnicki, a former senior lawyer at the Federal Trade Commission
and previously an assistant attorney general in Massachusetts with
a track record of working with companies supervised by the
CFPB.
Write to Yuka Hayashi at yuka.hayashi@wsj.com
(END) Dow Jones Newswires
January 11, 2016 18:15 ET (23:15 GMT)
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