The GOP's absurd crusade against consumer protection
Why do Republicans want to axe the head of the CFPB?
Republicans want President Trump to axe the head of the Consumer Financial Protection Bureau.
The CFPB, if you'll recall, was the agency created by the Dodd-Frank legislation to defend American consumers from exploitation by the financial industry. While other agencies' missions include that goal, none are singularly devoted to it, so it used to get sidelined. Supporters already credit CFPB with returning $11 billion to wronged Americans, and with breaking open the Wells Fargo scandal.
The head of the CFPB is Richard Cordray. According to the laws that established the agency, his term doesn't expire until July 2018. So firing him now would almost certainly spark a lawsuit against the White House.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
But Sens. Ben Sasse (R-Neb.) and Mike Lee (R-Utah) recently wrote a letter calling on President Trump to do just that anyway. It's the latest salvo in a GOP beef that goes back to the CFPB's founding.
But what on Earth could they and their fellow Republicans have against the agency, anyway?
Well, they say it isn't beholden to Congress or the president. The CFPB's budget isn't subject to Congress' annual appropriations process, it's headed by one director rather than a multi-person board, and the president can't fire the leader for just any reason — only for cause, like neglect of duty or corruption. Republicans argue this setup makes the CFPB less accountable, that it's prone to abuse of power, and that its rulemaking might be susceptible to whiplash.
None of this passes the smell test.
First, the CFPB isn't the only federal agency with these characteristics, and in some ways it faces more constraints. For instance, other financial regulators can veto its actions.
Second, multi-person leadership is often less accountable than a directorship, since groups diffuse responsibility. Plus, in an agency headed by a commission, whatever party has the majority can just steamroll the minority.
Third, the Administrative Procedures Act already requires agencies to go through a notice-and-comment process before making any rule changes. "The whole reason for congressional delegation to agencies is effective policy implementation," Adam Levitin, a Georgetown law professor and former member of the CFPB's Consumer Advisory Board, wrote in December. "The Congress itself is incapable of implementing and administering the nitty-gritty details of policy."
Now, the CFPB is unique among agencies in how it combines that independence from executive firing with the singular director. Conservatives argue that combo goes too far and is unconstitutional. And in October, a federal appeals court agreed in a 2-to-1 decision. That decision hasn't taken effect pending an appeal. But crucially, the plaintiffs wanted the court to shut down the whole agency. Instead, the court went with the most obvious and sensible solution: Just change a few words in the legislation to let the president fire the CFPB director at will, and otherwise leave it as is.
Which brings us back to the looming dismissal of CFPB head Richard Cordray.
Now, Cordray disagrees with the court's decision, but that's hardly a reason to fire him. No, the real reason Sasse, Lee, and the rest of the GOP want Cordray gone is the same reason any party that's just overthrown its rivals would want that rival's appointments gone: They don't like Cordray's agenda.
Under Cordray's watch, the CFPB has clamped down on payday lenders, issued rules against the use of arbitration clauses in financial contracts, and, Republicans argue, created regulations that hurt community banks, among other things. Firing Cordray is a way to roll those changes back. (As are the larger goals of replacing the CFPB head with a multi-person commission, bringing its funding back into the annual appropriations process, or just killing the agency outright.)
On the substance: Smaller banks have been dying for the last three decades, and the arrival of Dodd-Frank and the CFPB didn't really affect the trend. The main thing killing them off is decades of weak economic growth. Meanwhile, arbitration clauses have been a great way for big companies to avoid accountability for wrongdoing. The clauses legally forbid customers from suing, leaving them with little recourse if they get screwed over.
As for the complaint that clamping down on payday lending will "reduce access to credit for average consumers," as Sasse and Lee put it, here's the deal: To function smoothly and humanely, credit markets need their customer base to have a certain amount of wealth and income. If a population is poor enough, the only possible way private markets can offer them credit while still making a profit is through predatory lending. Perversely, access to credit is actually more expensive for the poor than the rich. The human results of payday lending and its ilk can be catastrophic, as people already on the financial edge are bled dry by ever-increasing interest rate payments and fees. To suggest that the solution to this problem is taking the shackles off the predators is perverse.
What's especially discouraging is that Sasse and Lee are the ones taking the lead here. Sasse made waves in 2016 as an outspoken opponent of Trump's candidacy, and Lee has a reputation as a "communitarian" who looks askance at conservative economic orthodoxy. In other words, these guys are supposed to be the reasonable ones.
Unfortunately, the one plausible complaint they have with the CFPB requires a simple technical fix. The rest of their beef is just Republicans' same old, same old.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Jeff Spross was the economics and business correspondent at TheWeek.com. He was previously a reporter at ThinkProgress.
-
Is ChatGPT's new search engine OpenAI's Google 'killer'?
Talking Point There's a new AI-backed search engine in town. But can it stand up to Google's decades-long hold on internet searches?
By Theara Coleman, The Week US Published
-
Crossword: November 5, 2024
The Week's daily crossword
By The Week Staff Published
-
Sudoku hard: November 5, 2024
The Week's daily hard sudoku puzzle
By The Week Staff Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published
-
1 of 6 'Trump Train' drivers liable in Biden bus blockade
Speed Read Only one of the accused was found liable in the case concerning the deliberate slowing of a 2020 Biden campaign bus
By Peter Weber, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published