October 3, 2023 San Francisco: Today the Supreme Court will hear oral arguments in the case, Consumer Financial Protection Bureau v. Consumer Financial Services Association of America (CFPB v CFSA), in which payday lenders are challenging the constitutionality of the Consumer Financial Protection Bureau’s (CFPB’s) funding structure.
The outcome of this case will have tremendous implications for communities across the country, as well as for the nation’s financial regulatory system. The CFPB is America’s financial protection regulator, developing rules of the road for financial companies to prevent predatory practices, filing lawsuits when laws are broken, and returning over $17.5 Billion to American consumers who have been ripped off. The CFPB shares a similar funding structure with the other key financial regulators, raising the specter of financial chaos if the Supreme Court ignores the plain language of the Constitution and legal precedent to side with the payday lenders.
“The CFPB is critical to the financial well-being of all consumers in America. It is a shining light in the fight against consumer financial abuse, and against discrimination by the financial sector. Bank attacks on the CFPB are outrageous and show that, despite rhetoric to the contrary, the banking industry does not share the values of community organizations working to build wealth and financial health in their neighborhoods. It is telling that the banking trade groups are making the same arguments as the payday lenders,” said Paulina Gonzales-Brio, CEO of Rise Economy.
Last month, Rise Economy and 100 nonprofit organizations throughout California and the nation, including CASA of Oregon, sent a letter to 39 Bank CEOs, asking if they disagree with the damaging legal positions taken by the banking trade organizations, especially in the context of bank pronouncements regarding racial equity in the aftermath of the George Floyd murder. The letter requested that CEO recipients respond to five questions posed within 3 weeks, or by October 1. To date, only 6 banks have provided a substantive response.
The Banks responding to the community group letter include: Amalgamated Bank, Beneficial State Bank, East West Bank, HomeStreet Bank, PNC, and U.S. Bank, Capital One offered to discuss the issues contained in the letter. Morgan Stanley shared related corporate documents. A few banks informally requested more time to respond or indicated they would be responding soon.
Rise Economy and the other 100 organization endorsing the letter await further responses from other banks and will be watching the Supreme Court case closely. Rise Economy decries damaging lobbying and litigation practices embraced by banking organizations, especially so if they do not reflect the perspectives of banks that may be working to build wealth in all communities and to honor anti-discrimination, consumer protection and just climate transition principles.
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