Consumers Will Be Fine If Trump Gets Rid of the Consumer Financial Protection Bureau (CFPB)

There has been a flurry of Trump attempting to curtail or eliminate entire departments, whether that is the Department of Education or the United States Agency for International Development. Another department is making its way to Trump's chopping block: the Consumer Financial Protection Bureau, or CFPB. On February 9, CFPB Chair Russ Vought told CFPB employees to not pass any new regulations and to desist any current investigations, as well as stated that the CFPB will not be drawing its next quarter of funds from the Federal Reserve. One federal judge ordered a temporary stay on Trump firing CFPB employees, but the case will be re-heard elsewhere on March 3. Why should we care?

CFPB was enacted in 2011 by Congress as part of Dodd-Frank in response to the financial abuses after the 2007-2008 financial crisis. The intention of CFPB was to the United States' consumer finance watchdog to protect U.S. consumers in the future. Admittedly, I have not written that much on the CFPB. I created a literature review in 2015, but did not come to any concrete conclusion about CFPB. In 2018, I scrutinized Dodd-Frank, including the fact that the costs with regulatory compliance overshadow the benefits that CFPB was claiming about its existence. Last year, I especially criticized a CFPB rule that put overdraft fee caps on banks, which upon examination, harm the consumers they were meant to protect. The fees exist to cover cost and mitigate risk. Banks will find other ways to account for these costs and risks. 

This does not get to the fact that we do not need a CFPB because it is redundant. For one, the state governments already have financial regulation and oversight, a reality that has played out in past prosecutions. Furthermore, the federal government already has numerous financial regulators (see below), including the Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Federal Deposit Insurance Corporation (FDIC). 

Aside from redundancy, the CFPB does not have an understanding of what it actually means to protect consumers. This goes beyond the previous example of overdraft fee caps that limit financial services to low-income households:

• Ban medical debt from credit reports. In June 2024, the CFPB proposed to ban medical debt from credit reports to help out those who are burdened by medical debt. Thankfully, it has not been implemented yet. Low-income households are the ones most likely to have medical debt. Lenders are not going to ignore the absence of medical debt on the credit report, but instead will likely assume that there is undisclosed medical debt. This would lead to increasing borrowing rates, which could very well direct low-income households to less conventional forms of borrowing (e.g., payday lenders, loan sharks). Hiding information does not help, much like ban-the-box laws backfired and harmed African-American men who were not criminals and looking for a job.  
• Credit card fees. In 2023, the CFPB wanted to go after credit card fees. The Cato Institute rightly criticized this policy. I also criticized Bernie Sanders and Alexandria Ocasio-Cortez (AOC) for proposing a credit card fee cap in 2018. After examining the history of interest rate caps, I concluded that a) high-risk borrowers will be cut off from the mainstream credit system, and b) lenders will find other clever ways to make up for the loss in their terms and conditions. 
• Payday loans. In 2016, CFPB issued a rule on regulating payday loans, which was overturned in 2020. I am glad this was overturned. I wrote on payday loans a couple of years ago. While payday loans are not an ideal financial instrument, putting the squeeze on payday loans means that these consumers go to less savory options, such as loan sharks, pawn shops, or putting a second mortgage on their home.   
• Anti-arbitration bias. In 2015, the CFPB tried to pass a law banning companies from instating mandatory arbitration agreements, instead of class action lawsuits. In spite of this rule being overturned in 2017, the CFPB continued with its anti-arbitration bias by creating a database in 2023 to help track which companies track arbitration agreements. Not only are private arbitration courts cheaper and quicker (7 months versus 3 years), but there is no evidence between arbitration agreements and being subject to CFPB action (Pham and Donovan, 2023), thereby implying that arbitration agreements are not a threat to consumers. 

I do not even want to get into how CFPB is de facto an unelected regulator with a blank check that has next to no oversight. The CFPB has spent years pushing consumer finance policy that does not protect consumers, but rather harms them and makes it more difficult to have access to mainstream credit. I will conclude today by quoting the illustrious Veronique de Rugy:

Rather than pouring more resources into this bureaucratic black hole, especially one that duplicates the work of other agencies and programs, officials should cut their losses and abolish the CFPB. Let's return to a system based on clear disclosure requirements, competitive markets, and the enforcement of fraud laws. Consumers should be empowered, not infantilized.