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ARTICLE · 01 NOVEMBER 2018

What's In A Name? That Which We Called The CFPB Is Still Bringing UDAAP Claims

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The Bureau of Consumer Financial Protection ("Bureau") announced its latest enforcement action earlier this week, and it demonstrated yet again that, notwithstanding Acting Director Mick Mulvaney's rhetoric...

United StatesConsumer Protection
Ori Lev
Ori Lev
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The Bureau of Consumer Financial Protection ("Bureau") announced its latest enforcement action earlier this week, and it demonstrated yet again that, notwithstanding Acting Director Mick Mulvaney's rhetoric, the Bureau intends to continue to pursue claims of unfair, deceptive and abusive acts and practices ("UDAAP"). Indeed, just days after announcing that the Bureau will consider rulemaking to define "abusiveness"—because the standard is not well developed in the law in the same way that unfairness and deception are—the Bureau brought its first new abusiveness claim of the Mulvaney era. This continues a trend where on the one hand Mulvaney announces the end of "regulation by enforcement" and on the other hand continues to assert the same substantive legal claims that have been the Bureau's bread and butter since it was formed. While the volume of enforcement actions has dropped, the substance of the actions that are brought hasn't changed.

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