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News Release
CFPB budget woes underscore fundamental problems with bureau’s set up
The Consumer Financial Protection Bureau (CFPB) may run out of money soon, according to news reports. The bureau has been controversial from the start due…
Blog
Katie Porter’s exchange with CFPB’s Kraninger revisited amid new revelations
A recently surfaced clip of former Rep. Katie Porter (D-CA) has sparked a firestorm online. In a newly revealed 2021 video revealed published by…
Blog
The week in regulations: Poultry improvement and painful scars
The federal government shut down on Wednesday. Thursday’s Federal Register had 60 final regulations; normal is about 10. Defense Secretary Pete Hegseth flew in hundreds…
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Blog
Facebook Libra Highlights Flaws of Fed Foray into Real-Time Payments
More than ten years after the pseudonymous Satoshi Nakamoto published the source code for Bitcoin, and after hundreds of other cryptocurrencies have been introduced, Facebook…
Blog
Overhaul Internal Operations at Consumer Financial Protection Bureau
One of the most important, yet least visible, changes a new Consumer Financial Protection Bureau director could make is to reform the internal operations of…
Blog
Regulators Should Foster Financial Innovation
It is becoming increasingly apparent that financial technology, or “fintech,” like other forms of technology, can drastically improve consumers’ lives. Yet one of the most…
Blog
Consumer Financial Protection Bureau Should Acknowledge Its Unconstitutional Structure
The Consumer Financial Protection Bureau’s structure is unconstitutional. The agency’s leadership should recognize it as such.
Blog
Consumer Financial Protection Bureau Should Define ‘Abusive’
The Dodd–Frank Act was a mammoth overhaul of financial services regulation. Along with creating an entire new consumer protection agency, the Consumer Financial Protection Bureau,…
Blog
SEC’s ‘Regulation Best Interest’ Respects Investor Choice
Today, the Securities and Exchange Commission approved final rules that comprise “Regulation Best Interest,” which will govern conduct of broker-dealers in their transactions with retail investors. Any…
Blog
Prevent Another Mortgage Crisis: Let Qualified Mortgage ‘Patch’ Expire
Last month, the Consumer Financial Protection Bureau released its rulemaking agenda for Spring 2019. While there weren’t too many surprises in the agenda, which mainly…
Blog
Don’t Let Credit Scoring Kerfuffle Compromise GSE Reform
Just when it seemed that reforming the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac was becoming a “third rail” that politicians did not want…
Blog
Consumer Financial Protection Bureau Should Drop Flawed Enforcement Actions
While the Consumer Financial Protection Bureau’s role in enforcing consumer protection laws is important, there are times when it oversteps the mark and brings frivolous…
Blog
Narrowly Address Fair Lending Requirements to Spare Impact on Small Business
Section 1071 of the Dodd-Frank Act amended the Equal Credit Opportunity Act to require financial institutions to collect, report, and make public certain information concerning…
Blog
Reform Fair Lending Laws to Uphold Rule of Law
The CFPB’s new director, Kathleen Kraninger, assured the Senate Banking Committee in her confirmation hearing that she was committed to upholding the rule of law.
Blog
Regulators Should Rescind ‘Small-Dollar’ Loan Rule
The Consumer Financial Protection Bureau is one of the most controversial regulators in Washington, D.C. Since its founding in 2010 under the Dodd-Frank Wall Street…
Blog
Credit Card Interest Cap Would Create Consumer Credit Bread Lines
Last Thursday Rep. Alexandria Ocasio-Cortez (D-NY), and Sen. Bernie Sanders (I-VT) teamed up to introduce a bill that only two democratic socialists could have dreamed up.
Blog
Good and Bad of Government’s Debt Collection Proposal
Earlier this month, the Consumer Financial Protection Bureau released a much-anticipated proposal to revamp the Fair Debt Collection Practices Act (FDCPA), a forty-two year old…
Blog
Australian Government Tempts Mortgage Crisis
It seems that Australia’s political parties are suffering from collective amnesia. After spending the earlier half of the year criticizing banks for abrogating their responsible…
Blog
The Economic Illiteracy of a 36 Percent Interest Rate Cap
Earlier this week, the House Financial Services Committee held a hearing on a draft bill that proposes to set a national 36 percent annual percentage…
Blog
Will Reforming Consumer Finance Regulation Cause a Recession?
Will reforming consumer finance regulation cause a recession? That is the claim of a recent article in The Hill. Yet, the article provides little evidence to…
Blog
CEI Leads Coalition Supporting Reformed Payday Loan Rule
Today, the Competitive Enterprise Institute led a coalition of eighteen free market organizations in support of the Consumer Financial Protection Bureau’s decision to rescind portions of…
Blog
Reformed Consumer Financial Protection Bureau Can Be Free-Market Regulator
Earlier this week, The New York Times Magazine rolled out another edition of the tired old trope of how former acting Director Mick Mulvaney “destroyed”…
Blog
Shed Light on Cryptocurrency ‘Dark Matter’ Regulation at SEC
A few days ago, the Trump administration issued a memorandum strongly discouraging what the Competitive Enterprise Institute’s Wayne Crews has called “regulatory dark matter.” The…
Blog
Restrictions on Debt Collection Impede Access to Credit
In a market economy that is based on private property and the rule of law, the efficient and effective enforcement of contracts is indispensable. Without…
Blog
Lyft and the ‘Cheers’ IPOs: How Overregulation Leaves Middle-Class Investors Behind
After much anticipation, Lyft finally went public today, opening on NASDAQ at $87.24 per share—well above its initial public offering price of $72. Lyft’s market…
Blog
Bank Regulators Must Correct Flawed Volcker Rule Proposal
As my colleague Devin Watkins discussed earlier this month, a number of federal administrative agencies are refusing to correctly implement a crucial piece of regulatory…
Blog
Agencies Failing to Follow Law on Key Financial Regulation
The Dodd-Frank Act of 2010 is one of the worst pieces of legislation to have become law in recent history. It created the Consumer Financial…
Blog
Fintech and the Future of Consumer Finance
Everyone understands the need for access to credit. No matter how well we budget, we occasionally come up short due to an unexpected circumstance or expense—a…
Blog
SEC Should Stop Coercing Brokers to Buy Data From Exchanges
There are many types of burdensome government mandates, but of all the Ten Thousand Commandments, regulations that coerce the purchase of a particular product or…
Blog
Financial Services ‘Regulatory Sandbox’ Is Win for Consumers
The comment period on a critical new initiative to promote innovation in financial services from the Consumer Financial Protection Bureau closed this Monday. My colleague…
Comment
CEI Comments to the Bureau of Consumer Financial Protection Proposed Policy on No-Action Letters and Product Sandbox
On behalf of the Competitive Enterprise Institute (“CEI"), we are pleased to provide the following comment letter on the Bureau of Consumer Financial Protection’s (“Bureau,”…
Fox Business
Payday Loan Regulations Rollback is Win for Business, Consumers
Chalk up another win for President Trump’s deregulatory agenda - the Consumer Financial Protection Bureau last week announced a plan to reconsider an Obama-era regulation…
Blog
VIDEO: Operation Choke Point Sets Dangerous Precedent
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…
Fox News
Super Bowl – Here’s Why it’s a Big Deal That You Can Place Your (Legal) Bets on the Big Game
For the first time since 1992, Americans outside of Nevada can legally wager on the outcome of the Super Bowl. This comes thanks to a recent…
Blog
Fintech: A Bipartisan Priority for the 116th Congress
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…
Blog
Rep. Waters Reiterates Support for JOBS Act 3.0
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…
Daily Mail
Chips are Down for Online Gamblers as US Moves Toward New Ban
Daily Mail cited Senior Fellow Michelle Minton on online gambling: But Michelle Minton, a senior fellow at the Competitive Enterprise Institute, said the…
News Release
Trump Justice Department Pits 1961 Law Against Online Gambling
In an effort to strike at online gambling, the Department of Justice Office of Legal Counsel this week issued a new opinion that will allow…
News Release
Supreme Court Declines to Hear Lawsuit Challenging CFPB Constitutionality
The Supreme Court today declined to hear a lawsuit challenging the constitutionality of the Consumer Financial Protection Bureau (CFPB).
Reason
The DOJ Shouldn’t Reignite the Fight Against Intrastate Gambling
Reason cited research by Senior Fellow Michelle Minton on state gambling regulations and the Department of Justice. Research into a history of the Wire…
Blog
Agenda for the 116th Congress: The Second Decade of Crypto-Blockchain
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…
Blog
Year in Review 2018: Consumer Financial Protection
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…
The Hill
Supreme Court Should do What Congress Won’t: Rein in the Bureau of Consumer Financial Protection
This April, something remarkable happened in Washington D.C. The acting head of a federal agency told Congress that the agency he directs “is far too…
News Release
CEI: Rumored DOJ Memo to Restrict States’ Power to Regulate Intrastate Gambling Would be “Dangerous Precedent”
According to reports, the Department of Justice is considering releasing a memo that reverses a 2011 decision by the Office of Legal Counsel (OLC) which…
Blog
Year in Review 2018: Operation Choke Point
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…
Blog
Five Priorities for New BCFP Director
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…
News Release
CEI Hopes New Director of Bureau of Consumer Financial Protection Will Continue Tough-But-Fair Approach to Regulation
Competitive Enterprise Institute Senior Fellow John Berlau praised today’s Senate confirmation of President Trump’s nominee to head the powerful Bureau of Consumer Financial Protection (BCFP)…
Blog
Senate Democrats’ Report Misses Mark on Mulvaney
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…
IA InsideARM
Senate Vote On Kraninger To Lead BCFP Expected Tomorrow
IA InsideARM cited CEI’s Senior Fellow John Berlau and Policy Analyst Daniel Press on BCFP nominee Kathleen Kraninger. As insideARM reported earlier,…
Blog
Lame Duck Session Should Undo Crippling Rules on Middle-Class Investors and Entrepreneurs
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…
Blog
Bureau of Consumer Financial Protection Needs to Rewrite Payday Loan Rule
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…
Blog
How to Rewrite the Payday Loan Rule
Last Friday, the Bureau of Consumer Financial Protection announced that it will be reconsidering its’ controversial Payday, Vehicle Title, and High-Cost Installment Loan rule.
Blog
Promise and Pitfalls of Treasury Fintech Report
July 31st, 2018, was one of the most exciting days for financial technology regulation in recent memory. Around 10 a.m. that morning was when the…
Comment
Testimony of Michelle Minton on Post-PASPA: An Examination of Sports Betting in America
Chairman Sensenbrenner, Ranking Member Jackson Lee and Members of the Subcommittee, thank you for the opportunity to present comments on behalf of my organization, the…
The Washington Examiner
A Decade after the Financial Crisis, the Government Fuels Another Housing Bubble
Ten years ago this month marks the anniversary of one of the most dramatic events of the 2008 financial crisis: the collapse of Lehman Brothers,…
Blog
Congress Should Stay out of Sports Betting Regulation
For the first time in twenty-five years, Americans can legally wager on the outcome of sporting events outside of Nevada. Thanks to a Supreme…
Blog
The Financial Crisis 10 Years Later: What’s Changed?
Ten years ago, the United States plunged into a financial crisis that would bring the world economy to the brink of collapse. The housing bubble…
Blog
Democratic Attorneys General Wrong on Fair Lending Laws
On Wednesday, a coalition of fourteen Democratic attorneys generals wrote a letter to the Bureau of Consumer Financial Protection urging the acting director, Mick…
Blog
Supreme Court Should Decide if Bureau of Consumer Financial Protection Is Unconstitutional
Today, the Competitive Enterprise Institute is asking the Supreme Court to hear the lawsuit we filed challenging the constitutionality of the Bureau of Consumer Financial…
News Release
Supreme Court Asked to Hear Challenge to Constitutionality of Consumer Financial Protection Bureau
The State National Bank of Big Spring, Texas, the Competitive Enterprise Institute (CEI), and the 60 Plus Association on September 6 petitioned the United States…
Blog
Securities and Exchange Commission Seeks to Liberalize ‘Accredited Investor’ Standard
Great news for middle-class investors and start-up businesses alike—on Thursday, the Securities and Exchange Commission Chairman Jay Clayton announced that the SEC is looking…
Forbes
Let Middle-Class Investors Join the ‘Accredited’ Club
With the increasing focus on inequality and cronyism on both Left and Right, one would think that politicians and bureaucrats would rush to get rid…
Blog
Australian Government Calls for Interchange Fee Ban
One would expect that years of failing policy would force policymakers to reconsider the wisdom of their actions. But not for the Australian Productivity Commission,…
Letters
CEI Joins Coalition Letter in Support of the Death Tax Repeal Act
The undersigned organizations support your bill, the Death Tax Repeal Act. We appreciate your work to lead the country towards a common sense tax code that…
Products
CEI Joins Coalition Letter in Support of H.R. 5470
On behalf of our organizations and Americans we represent, we write to express support of your legislation, H.R. 5470. This legislation will eliminate the Office…
Blog
Confirm Kraninger, Rein in Bureau of Consumer Financial Protection
Today, the Senate Banking Committee will likely vote to send the nomination of Kathleen Kraninger for director of the Bureau of Consumer Financial Protection to…
News Release
CEI Endorses Trump Nominee for Bureau of Consumer Financial Protection
Competitive Enterprise Institute Senior Fellow John Berlau expressed CEI’s support for President Trump’s nominee to head the Bureau of Consumer Financial Protection:…
Blog
California Supreme Court Rules Interest Rates May Be ‘Unconscionable’
Last Monday, the California Supreme Court ruled that interest rates on loans over $2,500 could be deemed ‘unconscionable’ even if usury laws permit them. In…
Blog
Elizabeth Warren’s Hypocrisy on Financial Regulation: Part 1
As far as politicians’ transgressions go, I usually don’t get that riled up about hypocrisy. In the course of voting on and debating so many…
Blog
Securities and Exchange Commission Drops Probe of ExxonMobil over Climate Risk
The Wall Street Journal reported late last Friday that Securities and Exchange Commission (SEC) regulators have “decided against trying to penalize the energy giant over its…
Blog
Looking Back at the Success of ‘Free Enterprise Fund’
In the last decade there has been a kind of separation of powers renaissance in the courts. Previously, separation-of-powers cases were rare and usually occurred…
Blog
Securities and Exchange Commission Bests Labor Department ‘Fiduciary Rule,’ But Still Adds Red Tape
In March, the Fifth Circuit Court of Appeals killed the Obama administration’s “fiduciary rule,” a prime example of the “bureaucrats know best” type of…
Blog
Federal Charters May Remove Interest Rate Uncertainty for Fintech Firms
The July 31 policy statement by the Office of the Comptroller of the Currency (OCC) announcing that it will now grant “special purpose national…
Blog
Finance Regulators Create New National Charter for Innovative ‘Fintech’ Companies
After years of speculation, the Office of the Comptroller of the Currency (OCC) announced Tuesday that it would begin considering applications for special purpose…
Blog
New York State’s Flawed Online Lending Report
Earlier this month, the New York Department of Financial Services (NYDFS) released a study of online lending, including findings and recommendations for changes in…
Blog
Appeals Court Rules Federal Housing Finance Agency Unconstitutional
Big news out of the Fifth Circuit Court of Appeals—the Federal Housing Finance Agency (FHFA) is unconstitutionally structured. The FHFA was created in the wake…
Blog
In U.S. and Australia, Payment Card Price Controls Create Many Unhappy Returns
Eight years ago this month, the Democrat-controlled House and Senate passed and President Barack Obama signed into law the so-called Dodd-Frank Wall Street Reform and…
Blog
Five Questions for Bureau of Consumer Financial Protection Nominee Kathy Kraninger
Kathy Kraninger, President Trump’s nominee to head the Bureau of Consumer Financial Protection (formerly known as the Consumer Financial Protection Bureau, or CFPB), will…
Blog
Trump Reorg Plan One Step Forward, Two Steps Back on Fannie Mae and Freddie Mac
My colleagues Trey Kovacs and Iain Murray and, in Forbes, Wayne Crews, give mixed reviews to President Trump’s long-awaited executive branch reorganization…
Blog
Bureau of Consumer Financial Protection Must Define New Rulemaking Powers
When Congress passed the Dodd-Frank Act in 2010, there was an unprecedented allocation of power to the Bureau of Consumer Financial Protection (BCFP—previously known as…
Comment
CEI Comments on the CFPB’s Request for Information Regarding Adopted Regulations and New Rulemaking Authorities
On behalf of the Competitive Enterprise Institute (CEI), we are pleased to provide the following comments on the Bureau of Consumer Financial Protection’s (Bureau or…
News Release
CEI Urges Senate To Press CFPB Nominee on Stopping Regulatory Abuse
Over the past weekend, President Trump nominated Kathy Kraninger, an associate director at the Office of Management and Budget, to head the Bureau of Consumer…
Blog
Last Chance for the 115th: Unshackle Middle-Class Investors and Entrepreneurs
Congress and President Trump recently gave Main Street banks and credit unions some much-need but still modest relief from the mountains of red tape stemming…
Blog
Last Chance for the 115th: Bring Accountability to the Financial Regulators
In CEI’s “Free to Prosper: A Pro-Growth Agenda for the 115th Congress,” my colleagues John Berlau and Iain Murray made the enduring recommendation…
Blog
How to Improve Rulemaking at the CFPB
This week, the Competitive Enterprise Institute submitted comments to the Consumer Financial Protection Bureau, on how it could improve its rulemaking to provide a better…
Comment
CEI Comments on The Bureau of Consumer Financial Protection’s RIF Regarding Rulemaking Processes
On behalf of the Competitive Enterprise Institute (CEI), we are pleased to provide the following comments on the Bureau of Consumer Financial Protection’s (bureau or…
Blog
Finance Regulators Pave Way for Banks to Reenter Small-Dollar Loan Market
Under the letter of the law, banks can now reenter the small-dollar lending space. On Wednesday, the Office of the Comptroller of the Currency (OCC)…
The New York Times
Congress Approves First Big Dodd-Frank Rollback
The New York Times cited CEI’s John Berlau on the limitations of current deregulatory reforms in disassembling the Dodd-Frank Act, which burdens consumers, investors, and…
Reason
Congress Just Voted to Repeal a Few Bits of Dodd-Frank
Reason cited John Berlau on the boon to small banks in being able to provide financial relief to Americans that is occuring with deregulation of…
Letters
CEI Leads Coalition Warning Against Punitive Taxation on Credit Unions Consumers
View Full Document as PDF The Honorable Orrin G. Hatch Chairman, U.S. Senate Committee on Finance 219 Dirksen Senate Office Building…
News Release
CEI Commends House Passage of Modest Banking Reforms, Urges Congress to Go Further
Today, the House considered and passed The Economic Growth, Regulatory Relief, and Consumer Protection Act aimed at scaling back a few bad Dodd-Frank bank regulations. CEI Senior Fellow…
Blog
Consumer Financial Protection Bureau Reexamines Anti-Discrimination Enforcement
This week President Trump signed a resolution of disapproval overturning one of the Consumer Financial Protection Bureau’s most controversial regulatory actions—the inappropriate application of…
Blog
Ending Disparate Enforcement at Consumer Financial Protection Bureau
Just last week, Congress voted to overturn one of the Consumer Financial Protection Bureau’s most controversial regulatory actions—a guidance document that was used…
News Release
Report: CFPB Can Fix Fair Lending Laws, Improve Consumer Protection and Access to Credit
A new Competitive Enterprise Institute report urges the Consumer Financial Protection Bureau to remedy Obama-era misuse of a 1970s law, the Equal Credit Opportunity Act…
Study
The CFPB and the Equal Credit Opportunity Act
View Full Document as PDF Freedom, equality, and justice are all bedrock principles of the American experiment. Yet it is no secret…
Blog
Cut Red Tape So Middle-Class Investors Can Soar with Next Amazon
Today is the 21st anniversary of the initial public offering of a little company called Amazon. Yes, today Amazon is a behemoth, a supposed…
News Release
House Vote to Stop CFPB Auto Loan Rule Wins CEI Praise
Today, the House of Representatives passed a resolution to stop a Consumer Financial Protection Bureau (CFPB) rule aimed at curtailing certain auto loan practices.
Blog
Post Office Payday Loans: A Stunningly Bad Idea
Like clockwork, every so often a new member of Congress will rehash an old, tired idea: having the United States Postal Service (USPS) make short-term,…
Blog
Congress Should Axe Backdoor Auto Finance Rule
This week, Congress has a unique opportunity to repeal one of the Consumer Financial Protection Bureau’s worst regulatory actions. Using the Congressional Review Act (CRA),…
Washington Times
Leaving the Ultimate Misnomer Behind
Congress has a dwindling number of days left to stop a Consumer Financial Protection Bureau (CFPB) regulation that will make payday loans difficult for consumers to get.
Blog
How to Encourage Tech Competition: Deregulate Finance
It’s May Day, and in the pages of the New York Times appears a paean to the halcyon days of the 1930s, urging a…
Blog
Consumer Financial Protection Bureau Targets True Rights Violations with Wells Fargo Fine
After being attacked repeatedly for supposedly being soft on Wall Street and the “big banks,” Acting Consumer Financial Protection Bureau Director Mick Mulvaney was part…
News Release
SEC to Propose Investor Fiduciary Rule
In the wake of a court ruling against a controversial Obama-era Labor Department rule expanding liability for investment advice, the Securities and Exchange Commission today…