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CFPB Prioritizing Enforcement Over Education

By Stefanie Jackman, Tim J. St. George & Alan D. Wingfield on August 5, 2022
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On August 4, Consumer Financial Protection Bureau (CFPB or Bureau) Director Rohit Chopra spoke at the Philadelphia Federal Reserve Bank’s Sixth Annual Fintech Conference, arguing that enforcement actions rather than financial literacy efforts were necessary to prevent consumer abuse.

Chopra said that while there is value in educating consumers to spot risks and find trustworthy advice, financial products are inherently challenging to understand. “Disclosures are not going to be what’s fixing it,” Chopra said. “What is often going to fix it is to eradicate unlawful actors who really prey on people.”

Chopra was even more pointed in his July 14 prepared remarks for the Financial Literacy and Education Commission where he claimed that “financial education can be harmful.”

Chopra’s statements reflects a marked change from Chopra’s predecessor’s, former Director Kathleen Kraninger, approach to consumer protection. Kraninger listed education as the “first tool” in the CFPB’s toolbox in preventing consumer harm. In a 2019 speech at the Bipartisan Policy Center, Kraninger stated that the Bureau could not and should not try to “be everywhere, with everyone, at every transaction” and so would look to empower consumers to help themselves and make good financial choices.

Chopra, meanwhile, cast doubt on the effectiveness of that approach on August 4. “The experiment has not had much success,” Chopra said. “One, I think in some cases financial education has made people worse off because they become overconfident.”

The CFPB’s increased emphasis on enforcement led to an uptick in fair lending enforcement in 2021, and that trend has continued with increased enforcement in areas, such as loan servicing, credit reporting, student loans and small business lending.

Troutman Pepper will continue to monitor important developments involving the CFPB and enforcement actions and will provide further updates as they become available.

Photo of Stefanie Jackman Stefanie Jackman

Stefanie takes a holistic approach to working with clients both through compliance counseling and assessment relating to consumer products and services, as well as serving as a zealous advocate in government inquiries, investigations, and consumer litigation.

Read more about Stefanie JackmanEmailStefanie's Linkedin Profile
Photo of Tim J. St. George Tim J. St. George

Tim St. George defends institutions nationwide facing class actions and individual lawsuits. He has particular experience litigating consumer class actions, including industry-leading expertise in cases arising under the Fair Credit Reporting Act and its state law counterparts.

Read more about Tim J. St. GeorgeEmailTim J.'s Linkedin Profile
Photo of Alan D. Wingfield Alan D. Wingfield

Alan Wingfield helps consumer-facing clients navigate compliance, litigation and regulatory risks posed by the complex web of state and federal consumer protection laws. He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies.

Read more about Alan D. WingfieldEmailAlan's Linkedin Profile
  • Posted in:
    Financial
  • Blog:
    Consumer Financial Services Law Monitor
  • Organization:
    Troutman Pepper Hamilton Sanders LLP
  • Article: View Original Source

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