The CFPB and payday financing: brand new agency/old problem

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The Dodd-Frank Act of 2010 brings nonbank payday lenders under federal legislation for the very first time. Issue of exactly how to manage the pay day loan industry produces amount of hard challenges for the newly developed customer Financial Protection Bureau (CFPB). Whereas consumer advocates that are most would like to ban or strictly limit high price payday lending activity and target unfair/abusive financing techniques, the CFPB should also be mindful of the effect of legislation on credit access for low-wage, credit-constrained payday borrowers. This article highlights the insurance policy, appropriate, and institutional dilemmas raised during the CFPB’s decision-making procedure. The CFPB has got the possibility to considerably move the longstanding consumer security paradigm and only real-world security of susceptible borrowers and, therefore, to comprehend the hopes of this activists whom assisted to create the Bureau into presence.


If the customer Financial Protection Bureau (hereafter known as the CFPB or Bureau) started its doors for company in July 2011, it had been fortified because of the help of various advocacy teams and three-quarters of US households (Consumers Union 2011). This support had been imperative to the agency’s creation and would fundamentally add highly to success in acquiring Senate approval of the director that is permanentKirsch and Mayer 2013). Customers, due to their component, seemed towards the Bureau for actions in line with the robust “cop from the beat” role that Elizabeth Warren had famously endorsed after and during the legislative campaign for the Dodd-Frank Act (DFA) together with CFPB (Nasiripour 2010; Warren 2011). They counted from the Bureau to make best use of the “opportunity to produce a coherent method of legislation” based on a deep comprehension of real-world company models and techniques, borrowers, and items, across all sectors associated with the credit market (Barr 2012, 134).

This Commentary offers a selective look at the CFPB’s early work using payday lending as a case study as an initial effort to understand whether the CFPB is successfully developing such a coherent approach to regulation. Your writers think that the way in which where the CFPB addresses payday financing shall be a revealing “Rorschach” test for the Bureau’s view of its part in public areas policy. We start by launching visitors to controversies into the policy debate over appropriate actions that are regulatory the forex market, provide an analysis of options the Bureau will face, then look at the implications of these alternatives for customers and also for the agency itself.


Payday advances, it’s been asserted, lie at “the center of debates about ‘alternative’ financial loans” (Mann 2013, 1). Beginning in the belated 1980s or early 1990s, the payday financing industry exploded as a way to obtain tiny, short-term credit for those who have a paycheck, a impairment check, or other constant way to obtain funds–predominantly the “working poor” (Mayer 2010). (a check that is post-dated typically provided as security for pay day loans.) Beginning as storefront outlets, payday loan providers expanded from a reported 200 nonbank loan workplaces within the early 1990s to nearly 24,000 because of the mid-2000s.

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