The Biden CFPB's Final Salvo: A Call For State Action

In its final days under the Biden administration, Consumer Financial Protection Bureau called on states to step it up – following soon after Director Chopra's December appearance at the NAAG Capital Forum.

In a detailed report, the Bureau attempts to counter looming changes in federal consumer protection under the new Trump administration by providing a roadmap for states and private plaintiffs to take up the Biden administration's key priorities. Junk fees and consumer data privacy were, of course, top-of-mind.

Here are your key takeaways from the report:

• Banning "Abusive" Practices: Unlike the FTC Act and many state UDAPs that target "unfair" and "deceptive" practices, the Consumer Financial Protection Act (CFPA) also prohibits "abusive" practices. The CFPB reminds the states they "issued an interpretative rule explaining" how states can enforce the CFPA themselves, including its prohibition on abusive practices. Generally (like in state actions under many