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ARTICLE · 28 FEBRUARY 2022

CFPB Issues Revised Administrative Litigation Procedures, Signaling Possible Increase In In-House Adjudications

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The Consumer Financial Protection Bureau (CFPB) can sue companies in federal court or in its in-house administrative proceedings.

United StatesFinance and Banking
Ori Lev
Ori Lev
Stephanie Robinson
Stephanie Robinson
Christopher B. Leach
Christopher B. Leach
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The upshot, for busy people:

  • The Consumer Financial Protection Bureau (CFPB) can sue companies in federal court or in its in-house administrative proceedings. Although the CFPB regularly announces settlements styled as administrative proceedings, it has rarely held administrative trials or other contested enforcement proceedings in that forum.
  • On February 22, 2022, and without an accompanying press release, the CFPB published in the Federal Register a number of changes to its in-house adjudication procedures. Some changes are administrative-how to count days, etc. But others clarify and expand the powers Director Rohit Chopra has to shape proceedings, including to bifurcate remedial and liability determinations and to decide all dispositive motions.

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