Houston Chronicle

Enforcemen­t actions at watchdog agency halt under Trump

- By Ken Sweet

NEW YORK — In the 135 days since the Trump administra­tion took control of the nation's consumer watchdog agency, it has not recorded a single enforcemen­t action against banks, credit card companies, debt collectors or any finance companies whatsoever.

That's likely no fluke: Mick Mulvaney, appointed acting director of the Consumer Financial Protection Bureau in late November, promised to shrink the bureau's mandate and take a much softer approach to enforcemen­t, and records reviewed by the Associated Press indicate he has kept his word.

A review of a CFPB database obtained by the AP through a Freedom of Informatio­n request shows that the bureau issued an average of two to four enforcemen­t actions a month under former Director Richard Cordray, President Barack Obama's appointee. But the database shows zero enforcemen­t actions have been taken since Nov. 21, 2017, three days before Cordray resigned.

Before Mulvaney, the bureau used enforcemen­t actions to extract billions of dollars in relief for consumers from financial companies and to stop companies from doing harm. Bank of America was ordered to return $727 million to consumers for deceptive credit card practices in 2015 — the largest award in the bureau's history — but the CFPB has issued dozens of smaller actions to get relief for student borrowers, victims of debt collection companies and bank customers.

In the roughly seven years it has been in existence, the bureau has returned nearly $4 billion in cash back to American consumers through enforcemen­t actions and an additional $7.9 billion in other types of relief, such as lower loan balances or debt relief, based on the CFPB's records. The bureau estimates roughly one of every 10 Americans has received some sort of reimbursem­ent or relief due to the bureau's enforcemen­t work since it was created.

Despite that direct relief to consumers, Republican­s — including Mulvaney when he was representi­ng South Carolina in Congress — accused the bureau of overreach. Mulvaney once called the bureau a “sick, sad joke” of an agency.

Bureau watchers on both sides of the issue say that they don't believe enforcemen­t actions have stopped entirely, and supervisio­n and investigat­ions at the agency are still ongoing. In a statement, the CFPB said the slowdown is tied to a new administra­tion taking over the bureau, adding that “it is our job to enforce the law, and we take it very seriously.”

“Assessing the legal risks of all pending enforcemen­t actions is a critical part of the transition process and standard procedure for new leadership at enforcemen­t agencies such as the bureau. That review continues alongside the agency's ongoing law enforcemen­t work,” the statement said.

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