Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

CFPB’s Enhanced Supervisory Appeals Process: A Potentially Beneficial Shift for Financial Institutions

By Moorari Shah, A.J. Dhaliwal, Mehul Madia & Beineng Zhang on February 23, 2024
Email this postTweet this postLike this postShare this post on LinkedIn
Consumer-Finance-and-Fintech-Blog-Image-Regulatory-660x283

On February 16, the CFPB issued revised rules updating its internal supervisory appeals process for institutions seeking to appeal a compliance rating or an adverse material finding. The updated rules open up new avenues for financial institutions to challenge supervisory evaluations and reflect a significant evolution from its 2015 updates. 

Key Aspects of the Revised Rule: 

  • What may be appealed. In a significant departure from past practice, financial institutions are permitted to appeal any compliance rating, not just adverse ones (i.e., a rating of 3, 4, and 5). This is in addition to a company’s appeal of the adverse supervisory finding.
  • A change in the appeals committee. Under the Bureau’s appeals process, a three-person appeals committee is formed for each appeal. Previously, such committees were comprised of one member of the staff of the Associate Director for Supervision, Enforcement, and Fair Lending, one representative from CFPB Supervision headquarters (in DC), and one representative from the CFPB Supervision Regional office. Under the revised rule, the Supervision Director will select any three CFPB managers to participate on a given appeals committee, so long as those managers did not participate in the underlying matter and have relevant experience on the issues. (Notably, this could potentially include enforcement personnel.) The appeals committee will then advise the Supervision Director as to the appropriate action. 
  • Enhanced participation by a company’s board of directors. An institution’s board of directors must formally authorize the filing of an appeal. In addition, if an institution requests an oral presentation, a “member of the board or principal” must lead that presentation.
  • More outcomes upon appeal. Under the previous process, a supervisory appeal could only uphold or rescind the underlying supervisory finding. Under the revised rules, the appealed matter can also be remanded to Supervision staff for a modified finding.

The revised rules are effective immediately upon publication in the Federal Register and applies to appeals pending as of its publication date.

Putting it into Practice: A majority of the CFPB’s work is performed through Supervision which conducts examinations on the nations’ depository and non-depository financial institutions that fall under its (ever-expanding) jurisdiction. A CFPB examination is often an arduous experience for a company, the results of which can lead to corrective action, continued oversight, and in some cases, an enforcement action. Typically, the CFPB appeals process has not been fruitful for companies. These new rules suggest that companies perhaps have more options to challenge adverse supervisory findings. Whether the process will lead to better results for institutions remains to be seen. It is still the case, however, that for all institutions subject to a CFPB examination, preventing negative findings through an effective and proactive management of the supervisory process is still the best strategy in preventing adverse outcomes. 

Photo of Moorari Shah Moorari Shah

Moorari Shah is a partner in the Finance and Bankruptcy Practice Group in the firm’s Los Angeles and San Francisco offices.

Read more about Moorari ShahEmail
Photo of A.J. Dhaliwal A.J. Dhaliwal

A.J. is a partner in the Finance and Bankruptcy Practice Group in the firm’s Washington, D.C. office.

Read more about A.J. DhaliwalEmail
Photo of Mehul Madia Mehul Madia

Mehul Madia, special counsel in the firm’s Washington, D.C. office, provides deep consumer finance and fintech expertise to clients, leveraging more than 15 years’ of public and private sector experience.

Read more about Mehul MadiaEmail
Photo of Beineng Zhang Beineng Zhang

Beineng Zhang is an associate in the Finance and Bankruptcy Practice Group in the firm’s Orange County office.

Read more about Beineng ZhangEmail
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Consumer Finance and Fintech Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo