Name: The Battle Over the CFPB, Explained
Uploaded: 2025-02-21T05:01:00Z
Duration: 6 min 10 s
Description: The Consumer Financial Protection Bureau was one of the first targets of President Trump’s cuts to federal spending. WSJ explains what the agency does, why it has always been controversial, and what happens now for consumers.

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The Consumer Financial Protection Bureau was one of the first targets of President Trump’s cuts to federal spending. WSJ explains what the agency does, why it has always been controversial, and what happens now for consumers. Photo Illustration: Ryan Trefes

https://m.wsj.net/video/20250220/0d2f6e04-0fbe-4bf1-871b-dd6f367226e7/1/hls/manifest-hd-wifi.m3u8

The Consumer Financial Protection Bureau was one of the first targets of President Trump’s cuts to federal spending. WSJ explains what the agency does, why it has always been controversial, and what happens now for consumers.

The Battle Over the CFPB, Explained

Reporter: The Consumer Financial Protection Bureau, or the CFPB, is supposed to, well, protect consumers. That sounds like an uncontroversial mission. But the agency has faced several threats in its short life.

There's no oversight.

Fundamentally flawed.

Arguably the most unaccountable agency in the history of the US Federal government.

Reporter: And now.

Trump and Musk wanna just take that agency away.

Reporter: Here's what the CFPB does. Why Republicans have wanted it gone? And what happens now for everyone with bank accounts? The CFPB was a response to the 2008 financial crisis. At that time, consumer protection was spread out through seven agencies, all overseeing different parts of the laws.

We ended up with a pretty weak system of consumer financial protections that really allowed predatory lending to flourish. And that's part of what sent us into the 2008 financial crisis.

Reporter: So as part of the Dodd-Frank Wall Street Reform Act, Congress created the CFPB. It consolidated the oversight of consumer financial laws, centralizing authority into a single agency.

Basically, the Consumer Financial Protection Bureau will be a watchdog for the American consumer.

Reporter: Its main job is oversight. Using data collected from banks and financial companies, and consumer complaints. The CFPB can investigate fraud.

When companies break the law, they can take them to court, they can distribute those penalties to consumers, right? They've put about $21 billion back in the pockets of over 200 million consumers over the last 14 years.

Reporter: The bureau can also look at that data to create new regulations like its proposal to exclude medical debt from credit reports, or cap the amount a bank can charge for an overdraft fee.

What we found was that big credit card issuers were exploiting a loophole for years and years.

Reporter: And though republicans often blast the CFPB's actions.

They put so much pressure on small businesses that they literally

Yeah.

had a chilling effect.

Reporter: It's the agency structure that gets the most attention from critics. At issue is this distinction between the CFPB and many other independent agencies whose in charge of the funding. For most, like say NASA, Congress passes legislation that directs the amount of funding it receives.

Not with the CFPB. It simply draws virtually unlimited funding at its discretion from the Federal Reserve, whether Congress likes it or not.

Reporter: But Congress does set a cap on how much funding the director of the CFPB can request from the Federal Reserve, which then has to distribute those funds. That cap is calculated every year using an equation set out by Dodd-Frank. Congress also has some oversight of the agency's budget. The director is required to sit for semi-annual hearings and annual audits. But critics aren't just worried about the funding. The CFPB has one director nominated by the president whose term lasts five years. That's in contrast with other financial regulators like the Federal Reserve Board, which have multiple appointees on a commission.

The trade off essentially was like, well, if we have a single director, they can get more done sort of more expeditiously, but we might see more swings from administration to administration.

Reporter: And when the agency was first created, the director could only be removed for inefficiency, neglect, or malfeasance in office. But critics, like then acting Director Mulvaney, argued that made the agency unaccountable to both the legislative and executive branches.

I have way too much authority as an individual.

Reporter: Supporters argue that this structure shields the financial regulator from politics.

They did not want swings in party control of Congress to lead to dramatic swings in the way we're regulating finance, because that could have implications for sort of the stability of the financial marketplace.

Reporter: In just 15 years, the CFPB structure has seen a lot of challenges in court, like this case in 2020, where the Supreme Court actually ruled that having a single director that could only be removed for misconduct, violated the constitution's separation of powers. And in 2023, the Supreme Court heard a case from payday lenders about the agency's funding structure. The court ruled seven to two that the CFPB structure was constitutional. This is not the first time Trump has tried to kneecap the CFPB, but now, he has a bigger goal.

Interviewer: Please confirm, your goal is to have a totally eliminate the agency.

I would say, yeah. Because we're trying to get rid of waste, fraud, and abuse.

Reporter: Two days after he became acting director, Russell Vought wrote that CFPB has been a woke and weaponized agency against disfavored industries and individuals for a long time. He ordered employees to stop supervisory work, closing the office, and firing employees who were still in their probationary period. But less than a week later, Trump nominated former FDIC board member Jonathan McKernan as the new head.

Most people expect that he is a much more sort of mainstream Republican financial regulator. I don't think people would expect him to move forward with the types of actions that Russell Vought did, though he will certainly probably try to limit or shrink some of the agency's work.

Reporter: It's unclear if marquee lawsuits, like one against Capital One, and big regulations, like one reducing overdraft fees, will move forward.

If the CFPB is not there examining these giant banks to make sure they are following the laws on not cheating consumers, who is doing that job?

I can say no other federal regulator.

States are probably going to be the answer if we're talking about a weakened CFPB. But new laws or new rules won't necessarily be made in the same way. And then you are gonna get 50 different sets of laws, right? Or maybe you won't get such good regulation.

Reporter: But there's already a lawsuit challenging vote's work stoppage.

Even if the CFPB continues to operate as normal under a new director but on a sort of smaller scale, that still is going to affect our pocketbooks.

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