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OpenMarket: Financial Regulation

  • VIDEO: Operation Choke Point Sets Dangerous Precedent

    February 7, 2019
    Our friends at the Federalist Society have an interesting new video out on legal businesses being targeted for government harassment because their products have become politically unpopular. These tactics were notoriously employed by the Obama-era “Operation Choke Point,” but could be deployed in the future against any industry that attracts the ire of federal bureaucrats. 
  • Fintech: A Bipartisan Priority for the 116th Congress

    February 4, 2019
    While the 115th Congress did not achieve all that was hoped for with regards to financial services reform, it did make important progress to achieving a more free and competitive system by passing Senate bill 2155. However, while S. 2155 was an important bipartisan victory, there was something conspicuously missing—reform of financial technology. This should be a bipartisan priority in the 116th Congress.
  • Rep. Waters Reiterates Support for JOBS Act 3.0

    January 31, 2019
    In a major speech to a liberal group outlining her priorities as chairman of the House Financial Services Committee, Rep. Maxine Waters (D-CA) sharply criticized President Trump and many conservative policies, but reaffirmed her support of bipartisan deregulatory legislation referred to as the “JOBS Act 3.0.”
  • Agenda for the 116th Congress: The Second Decade of Crypto-Blockchain

    January 9, 2019
    As cryptocurrency and the associated blockchain celebrate their tenth birthdays, CEI’s new “Free to Prosper” agenda for the 116th Congress aims to ensure bureaucratic red tape doesn’t stunt their growth.
  • Year in Review 2018: Consumer Financial Protection

    January 4, 2019
    2018 was a big year for the Consumer Financial Protection Bureau (also known, for a while, as the Bureau of Consumer Financial Protection). The past year marked the first time that the Bureau changed political hands, from the former Democratic Director Richard Cordray, to Republican acting Director Mick Mulvaney, and now to the new permanent Director, Kathleen Kraninger.
  • Year in Review 2018: Operation Choke Point

    December 19, 2018
    Every Halloween, there exists the temptation for commentators to describe routine events in the news with adjectives like “scary” and “frightening.” Sensitive to sounding clichéd or inflammatory, I try usually to avoid using such terminology in my descriptions of the policy process.
  • Five Priorities for New BCFP Director

    December 7, 2018
    Kathleen Kraninger was confirmed as director of the Bureau of Consumer Financial Protection. She has promised to implement a free market reform agenda, focusing on greater competition and lighter-touch enforcement actions. To provide some guidance on how she can go about achieving this, I have outlined five reform priorities for the Bureau.
  • Senate Democrats' Report Misses Mark on Mulvaney

    December 5, 2018
    While President Trump’s nominee to head the Bureau of Consumer Financial Protection, Kathleen Kraninger, awaits a final confirmation vote in the Senate, Senate Democrats have authored a report criticizing the Trump administration’s management of the Bureau.
  • Lame Duck Session Should Undo Crippling Rules on Middle-Class Investors and Entrepreneurs

    November 9, 2018
    Next year, with Congress divided once again, bipartisan legislation will be the order of the day. Indeed for passage of both chambers, it will be virtually the only thing on the menu. The good news is Congress doesn’t have wait until next year to pass some bipartisan legislation that will benefit greatly America’s middle-class investors and entrepreneurs.
  • Bureau of Consumer Financial Protection Needs to Rewrite Payday Loan Rule

    November 8, 2018
    Last week, I wrote a blog post on how the Bureau of Consumer Financial Protection could go about narrowly rewriting the payday loan rule. This would allow the rule to easily avoid being struck down by the courts under “arbitrary and capricious review,” while still significantly reshaping the law.


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