Supreme Court backs CFPB funding, avoiding potential problem for the Fed

Supreme Court backs CFPB funding, avoiding potential problem for the Fed
Decision overturns lower court ruling won by payday loan trade bodies.
MAY 17, 2024

The way that the Consumer Financial Protection Bureau is funded has been ruled constitutional by the U.S. Supreme Court, overturning a previous decision by a lower court.

A lawsuit filed by associations representing the payday loan industry in 2018 which argued that receiving fixed rate funding directly from the Federal Reserve instead of via Congress was a violation of the U.S. Constitution’s separation of powers provisions. This was agreed by the Louisiana appeals court.

But the Supreme Court ruling Thursday means that the CFPB will continue to be funded as it has been since its creation as part of the 2010 Dodds-Frank Act and also avoiding a potential challenge to the funding of the Federal Reserve Board, FDIC, and other entities with similar funding mechanisms.

“Had the lower court’s ruling stood, I can imagine an argument for striking down the mechanism whereby the Federal Reserve gets its funding,” Aziz Huq, professor at the University of Chicago Law School told the FT. “If the CFPB is struck down, that has repercussions in one policy area. If the Federal Reserve is hobbled, that has not just American but global repercussions”.

The original lawsuit followed new rules introduced in 2017 to curb certain practices by high-interest lenders that the CFPB said were unfair. In a statement, the CFPB noted the long-term friction.

“For years, lawbreaking companies and Wall Street lobbyists have been scheming to defund essential consumer protection enforcement. The Supreme Court has rejected their radical theory that would have devastated the American financial markets. The Court repudiated the arguments of the payday loan lobby and made it clear that the CFPB is here to stay.”

Latest News

Texas man says SEC and fund could make him pay twice
Texas man says SEC and fund could make him pay twice

A $141M judgment and a federal asset freeze collide over one shrinking pool

Osaic executives Kristy Britt and Greg Cornick to leave
Osaic executives Kristy Britt and Greg Cornick to leave

The firm's CFO and EVP of Wealth Management Solutions are the latest executives to exit the broker-dealer.

Estate planning becomes a client retention issue for financial advisors, survey finds
Estate planning becomes a client retention issue for financial advisors, survey finds

Clients are saying they would consider switching advisors if another professional offered estate planning services, according to a new Trust & Will survey.

Candidly adds AI agents for Trump Accounts, workplace benefits
Candidly adds AI agents for Trump Accounts, workplace benefits

CEO Laurel Taylor says the fintech's composable AI stack helps workers optimize dollars across Trump Accounts, 529s, 401(k)s, and other employee benefits.

BMO adds three advisors in Dallas amid Y'all Street wealth boom
BMO adds three advisors in Dallas amid Y'all Street wealth boom

The bank has swiped three private banking veterans from BNY as the city climbs the ranks of America's fastest-growing wealth hubs.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.