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Abstract: 

Recent heightened enforcement activity and statements by the CFPB director raise the possibility that the Bureau will exercise its long-neglected authority to bring contested litigation in its administrative forum. In this article, the author, a former Deputy General Counsel at the Bureau, describes administrative enforcement proceedings under the Bureau’s rules. He lays out in detail the steps in the proceeding: from the authority to conduct proceedings, to the rules on pleadings, discovery, and motion practice. He then turns to the hearing and recommended decision. He closes with the Director’s decision and review in the courts of appeal.

Keywords: Administrative Procedure Act; Cease-and-Desist Proceedings; Life Cycle of an Enforcement Action; Forum for Judicial Review; Standard of Review

Affiliations:  1: Buckley LLP.