Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

CFPB Requests Public Input on Fees for Financial Products

CreditReporting_154965962
By Keith J. Barnett, James Stevens & Carlin McCrory on January 31, 2022
Email this postTweet this postLike this postShare this post on LinkedIn

On January 26, the Consumer Financial Protection Bureau (CFPB or Bureau) announced its request for the public to share its input on “exploitative junk fees charged by banks and financial companies” to form its rulemaking and guidance agenda, along with its enforcement priorities. The CFPB’s press release included a link to its “Request for Information Regarding Fees Imposed by Providers of Consumer Financial Products or Services” (Request for Information).

The press release stated the “‘fee economy’ distorts our free market system by concealing the true price of products from the competitive process,” while the CFPB shared its concerned with inflated fees that greatly exceed the actual cost of the services and back-end fees charged after the fact.

The CFPB noted that in 2019, major credit card companies charged over $14 billion in late fees and bank revenue from overdraft and nonsufficient funds (NSF) fees exceeded $15 million. The press release stated that these fees may distort the true cost of a product and undermine competition.

The CFPB specified that it intends to strengthen competition by reducing junk fees and craft rules, industry guidance, and focus on its enforcement authorities. Specifically, the CFPB requested to hear about the public’s experiences with fees associated with their bank, credit union, prepaid or credit card account, mortgage, loan, or payment transfers regarding:

  • Fees for things believed to be covered by the baseline price of a product or service;
  • Unexpected fees for a product or service;
  • Fees that seem too high for the service; and
  • Fees where it was unclear why they were charged.

Our Take. The CFPB’s Request for Information linked to its press release indicates that the CFPB may attempt to use its unfair, deceptive, or abusive acts and practices (UDAAP) authority as a vehicle to initiate enforcement actions against banks and processors that process payments for entities that do not fully disclose all of the costs that a consumer may incur before purchasing a good or service from the entity. Overdraft fees and alleged merchant processor complicity with businesses purportedly running afoul of consumer financial protection laws were important issues for the CFPB while Rohit Chopra served as the CFPB assistant director under Richard Cordray, and it looks like Director Chopra wants to pick up where the Bureau left off several years ago. Indeed, some of the earlier CFPB enforcement actions concerning UDAAP focused on a merchant or financial institution’s alleged failure to disclose certain consumer costs. The CFPB’s focus on “junk fees” should be viewed as the Bureau exercising similar authority along that same continuum. Banks and processors should continue to be vigilant about reviewing merchant advertising to ensure that the costs of the goods and services are disclosed.

Photo of Keith J. Barnett Keith J. Barnett

Keith Barnett is a litigation, investigations (internal and regulatory), and enforcement attorney with more than 15 years of experience representing clients in the financial services and professional liability industries.

Read more about Keith J. BarnettEmailKeith's Linkedin Profile
Photo of James Stevens James Stevens

James Stevens provides general corporate and regulatory advice to our clients. James has substantial experience in the representation of public and private companies, including financial institutions, marketplace lenders and other FinTech and financial services companies, in mergers and acquisitions, securities offerings and regulatory…

James Stevens provides general corporate and regulatory advice to our clients. James has substantial experience in the representation of public and private companies, including financial institutions, marketplace lenders and other FinTech and financial services companies, in mergers and acquisitions, securities offerings and regulatory reporting and compliance. He often serves as the principal outside counsel for these clients.

Read more about James StevensEmail
Show more Show less
Photo of Carlin McCrory Carlin McCrory

Carlin is a regulatory, compliance, and payments attorney with experience representing financial institutions, fintechs, lenders, debt collectors, payment processors, neobanks, virtual currency companies, and mortgage servicers.

Read more about Carlin McCroryEmail
  • Posted in:
    Financial
  • Blog:
    Consumer Financial Services Law Monitor
  • Organization:
    Troutman Pepper Hamilton Sanders LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Pro Policyholder
  • The Way on FDA
  • Crypto Digest
  • Inside Cybersecurity & Privacy Law
  • La Oficina Legal Ayala Hernández
Copyright © 2022, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo