CFA and NCLC Oppose Rule Which Would Undermine CFPB’s Risk-Based Supervision Process

The Consumer Federation of America and the National Consumer Law Center oppose this proposed rule, as it directly contravenes the intention of Congress to give the Bureau considerable discretion in its exercise of this supervision authority, and it attempts to greatly reduce the Bureau's ability to address emerging threats in the financial marketplace. The Bureau's risk-based supervision process is not a death knell for a company, nor is it a statement or finding that the company has violated the law. It simply allows the Bureau to review the conduct of a financial company that is engaging in risky conduct. This proposed rule's amendment of the definition of "risks" to instances with a high likelihood of significant harm will certainly harm consumers.