Practical Law Glossary Item 9-502-8301 (Approx. 3 pages)
Consumer Financial Protection Bureau (CFPB)
Created under Title X (the Consumer Financial Protection Act of 2010) of the Dodd-Frank Act, the Consumer Financial Protection Bureau (CFPB) is an independent agency within the Board of Governors of the Federal Reserve System. The CFPB regulates the offering and provision of consumer financial products and services under federal consumer financial laws. In particular, the CFPB has:
Supervisory and enforcement authority over insured depository institutions and insured credit unions with more than $10 billion in assets.
Rulemaking, supervisory, and enforcement authority over covered persons subject to specified exceptions. Covered person is defined as any person engaged in offering or providing a "consumer financial product or service" and any affiliate of that person that acts as a service provider to that person. A consumer financial product or service is a financial product or service that is "offered or provided for use by consumers primarily for personal, family, or household purposes" or that is "delivered, offered, or provided in connection with" the financial product or service.
Examples of a qualifying financial product or service include:
Extending credit and servicing loans, including acquiring, purchasing, selling, brokering or other extensions of credit (other than solely extending commercial credit to a person who originates consumer credit transactions).
Extending or brokering certain leases of personal or real property that are the functional equivalent of purchase finance arrangements.
Providing real estate settlement services.
Engaging in deposit-taking activities, transmitting or exchanging funds, or otherwise acting as a custodian of funds or any financial instrument for use by or on behalf of a consumer.
Providing or issuing stored value or payment instruments and selling these instruments in certain circumstances.
Providing check cashing, check collection, or check guaranty services.
Providing certain payments or other financial data processing products or services.
Collecting, analyzing, maintaining, or providing consumer report information or other account information subject to certain exceptions.
Collecting debt related to any consumer financial product or service.
Any other financial product or service the CFPB may determine in certain cases.
The Dodd-Frank Act does exclude certain categories of persons from the regulatory authority of the CFPB. Some of the persons excluded include lawyers, accountants, real estate brokers, and persons regulated by a state insurance regulator, a state securities commission, the Securities Exchange Commission (SEC), or the Commodities Futures Trading Commission (CFTC).