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Federal Judge Knocks Down "The Resistance" on CFPB Power Grab - www.independentsentinel.com


Federal Judge Knocks Down “The Resistance” on CFPB Power Grab
Updated November 29, 2017
The Consumer Financial Protection Bureau (CFPB) was created by the Obama Administration under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The CFPB was designed to be independent of government: it didn’t depend on Congress for funding—it could extract funds directly from the Federal Reserve. And, though it was part of the Executive, the president had little control over it. And all the power was vested in its director.
CFPB’s stated purpose is: “to ensur[e] that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent, and competitive,” Writes Thaya Brook Knight, a finance expert from the Cato Institute, in ....

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The Implications of a Revived Disparate Impact Doctrine Under a Biden CFPB | King & Spalding


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Every change in presidential administration results in shifts to agencies’ policy priorities and enforcement efforts. In a Biden Administration, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), in particular, is expected to undergo significant changes. Headlines will focus on potential replacements of the CFPB Director, an issue which has been controversial in the past and may take months to address through the nomination and confirmation process in 2021.[i] But equally important will be a shifting enforcement focus: we anticipate that, under President-Elect Biden, the CFPB will revive the “disparate impact doctrine” (the “Doctrine”) as a means for curtailing business practices that result in racial disparities, whether intended or not. Although there has been significant debate about the Doctrine’s validity as applied to the Equal Credit Opportunity Act of 1974 (“ECOA”), codifie ....

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