Blog Posts By:

Ed Mierzwinski,
Senior Director, Federal Consumer Program

This afternoon (Tuesday, 8 December), the U.S. House Financial Services Committee launches a massive attack on state privacy laws. Hidden inside a seemingly modest proposal to establish federal data breach notice requirements is a Trojan Horse provision designed to to take state consumer cops off the privacy beat, completely and forever. That's wrong, because the states have always been key first responders and leaders on privacy threats that Congress has ignored, from credit report accuracy and identity theft to data breaches and do-not-call lists.

With spending authorization for the federal government set to end on December 11, Congressional leaders are working with powerful special interests on their not-so-Secret-Santa lists to use spending bills as vehicles to gut health, safety and wallet protections popular with the general public but not with Wall Street or the U.S. Chamber of Commerce. They know they cannot win a fair fight. So they’re loading up the must-pass funding bill with so-called “riders,” which are unrelated policies that couldn’t get passed on their own. Everything we fought for in Wall Street reform, including the CFPB, is on the chopping block. So are many other PIRG health, safety, wallet and democracy priorities.

Problems with privacy and data security are all over the news these days. We've got you covered, from releasing a new report and consumer tips on the security freeze today to testifying to Congress (last week) on payment card security and speaking on a panel at the FTC tomorrow on Internet lead generation (what's that?). Oh, and we're waiting for answers to our questions to the CFPB about the credit bureau Experian joining the ranks of the breached. We've been busy as we explain in this "roundup" blog entry.

This week, the CFPB took a major step toward establishing a regulation restricting the use of forced arbitration clauses in consumer financial contracts, which give companies what the CFPB's director said was a "free pass from being held accountable by their customers." Meanwhile, on Capitol Hill, powerful bank interests escalated their campaign to defund and defang the bureau, because it works for consumers, not them.

UPDATED: Opposition to a controversial provision authored by Citibank forced House leaders to delay consideration of the "CRomnibus" appropriations package just hours before funding for the federal government expired at midnight Thursday. Eventually the bill passed narrowly with the Wall Street provision intact. Action now shifts to the Senate, which has a 48-hour window to pass the bill, but any one Senator can block it under Senate rules. The provision would again allow Wall Street banks to place risky bets with taxpayer-backed funds, and require taxpayers to bail them out if the bets fail, repealing a key protection added in the 2010 Wall Street reform law. 

The Consumer Financial Protection Bureau (CFPB) turned just three years old Monday, July 21st, but when you look at its massive and compelling body of work, you must wonder: Are watchdog years like plain old dog years? Is the CFPB now a full-sized, 21-year-old adult? The answer is no, not yet. The CFPB is still growing and developing and adding programs and projects. The CFPB is, however, at three years old, certainly a child prodigy. Despite overwhelming public support, however, powerful special interests continue to attack it. Yet, the idea of the CFPB needs no defense, only more defenders.

The Consumer Financial Protection Bureau is getting results for consumers. Today, the CFPB announced that it had imposed a $20 million civil penalty on JP Morgan Chase and ordered it to refund $309 million to over 2 million consumers for deceptively marketing junky credit card add-on products, some of which consumers didn't even receive. 

On Friday, most Senate Republicans again sent the President a letter saying they would not confirm Richard Cordray to a full term as CFPB director unless the agency's powers and independence were first gutted. Their intransigence contributes to market uncertainty that ignores at least three things: The CFPB is here to stay; the public wants the CFPB; and, banks lose to payday lenders if the director is not confirmed.

Excellent news! The CFPB is now taking complaints about credit bureaus and credit reports. And unlike the FTC, the CFPB has been given tools so that it will be able to "help consumers with individual-level complaint assistance on issues with their credit report."

Discover Card has paid a $14 million civil penalty to the CFPB and FDIC, plus refunded over $200 million to ripped-off consumers, in the latest case involving useless, junk credit insurance and credit monitoring add-ons that consumers didn't buy-- but paid for.