The Impact of the Election on the CFPB: What to Expect on Key Regulatory Issues During Trump 2.0

Consumer Finance Monitor

Today’s podcast episode is part two of our December 16th webinar, where we discussed the impact of the election on CFPB rulemaking. Part one consisted of a “fireside chat” with David Silberman, who held several senior-level positions at the CFPB for almost ten years under both Democratic and Republican administrations.

In part two, Ballard Spahr partners John Culhane and Joseph Schuster address the following questions:

1. What will happen to CFPB regulations issued before January 20, such as the CFPB’s credit card late fee rule, which is currently being challenged in a Texas federal court?

2. What will happen to proposed regulations that may still be finalized before January 20, such as the interpretive rule on earned wage access plans and the proposed contract clause registry?

3. What will happen to other written guidance from the CFPB, such as the circular on unenforceable contract terms and the advisory opinion on requests for information under Section 1034(c) of Dodd-Frank?

4. What will be the impact of the Congressional Review Act?

5. What will be the impact of litigation challenges?

6. What will rulemaking look like under the new Director?

7. What will be the impact of the U.S. Supreme Court’s opinion in Loper Bright Enterprises which repealed the Chevron judicial deference doctrine?

Alan Kaplinsky, Senior Counsel and former chair for 25 years of the Ballard Spahr’s Consumer Financial Services Group, hosts the discussion.