July 2, 2020
On June 29, the Supreme Court ruled the structure of Consumer Financial Protection Bureau to be unconstitutional. Chief Justice John Roberts delivered the majority opinion, arguing that “the structure of the CFPB violates the separation of powers,” but noting that “the CFPB Director’s removal protection is severable from the other statuary provisions bearing on the CFPB’s authority.” In non-legalese, this essentially means that the agency may continue to exist so long as the CFPB director is removable by the president at will.
June 18, 2020
Debt collection firms play a vital role in a market economy, as part of the "plumbing"—the underlying architecture—that makes modern credit markets possible. Legislation to constrain the debt collection industry would disrupt credit markets, ultimately hurting consumers.
June 3, 2020
On May 19, student loan servicer Navient filed for summary judgement on a CFPB lawsuit started over three years ago. In the filing, Navient urged Judge Robert D. Mariani of the Middle District of Pennsylvania to stop the litigation, arguing that the agency has yet to bring forth any evidence to support its claim that the company purposefully misled borrowers into forbearance.
May 20, 2020
The HEROES Act calls for trillions of dollars in new deficit spending and includes a number of longstanding progressive pet projects unrelated to the COVID-19 pandemic. Yet, there is a free-market pony in the middle of this pile of big-government initiatives: Affirming the legality of banking services to marijuana-related firms in states that have declared the substance legal.
May 8, 2020
As the economic fallout from the COVID-19 pandemic continues to wreak havoc, it’s crucial that struggling Americans have access to affordable short-term credit. Congress should reject calls to include a nationwide interest rate cap in the next COVID-19 relief package. Setting an arbitrary limit on interest rates would prevent millions of already struggling Americans from getting credit.
April 17, 2020
As money gets tight during the COVID-19 pandemic and quarantine, policy makers need to ensure that struggling households have multiple options to manage their debts and stay afloat. One such option is debt settlement, and the good news is that the Consumer Financial Protection Bureau is resisting calls to regulate it out of existence.
April 1, 2020
SEC Chairman Jay Clayton has proposed a set of regulations last fall that would bar many middle class investors from buying mutual funds and exchange-traded funds—financial products that have been on the market for nearly three decades. Instead of creating new red tape, Chairman Clayton should abandon these proposals and give all Americans the freedom to have a bite at the next Apple.
March 27, 2020
This week, Democrats on the House Financial Services Committee unveiled their public policy response to the COVID-19 pandemic. While framed as a goodwill attempt at helping struggling Americans, the partisan legislation contains a number of controversial provisions that have no place in an emergency, short-term relief package.
March 23, 2020
Rep. Rashida Tlaib (D-MI) introduced legislation aimed at tackling the economic fallout from the COVID-19 pandemic. Tlaib’s bill would give every single person in America a $2,000 preloaded debit card that would refill with $1,000 every month until one year after the end of the crisis. Though well-meaning, her legislation is legally dubious and would drive the economy toward hyperinflation.
March 13, 2020
The Supreme Court heard oral arguments last week over the constitutionality of the Consumer Financial Protection Bureau and whether, as currently structured, it is too far removed from executive oversight. The outcome of this case has become increasingly important given the Bureau’s continuous efforts to skirt legal accountability and harass businesses into near bankruptcy.