March 29, 2021

American Banker Quotes Allen Denson on the CFPB’s Stance on Payday Lenders

2 min

On March 29, 2021, Allen Denson was quoted in American Banker on the Consumer Financial Protection Bureau’s (CFPB) stance on payday lenders.

According to the article, acting CFPB Director Dave Uejio — appointed by the Biden administration to lead the agency following Kathy Kraninger's resignation — stated in a blog post that the bureau's new leadership supports the “ability-to-repay” standards, originally established in a previous 2017 rule that was unwound by Kraninger, signaling that the agency will reinstate them. He also suggested that the CFPB plans to crack down on payday and auto title lenders by using its enforcement authority under the Dodd-Frank Act to punish companies that violate the federal prohibition on “unfair, deceptive or abusive acts or practices.”

"It’s a signal that the [2017] rule may not be there anymore but they don’t need it and they can still investigate and bring enforcement actions," said Denson. "I think it’s a pretty big statement."

Some experts were surprised that Uejio is signaling major policy actions on payday lending before Rohit Chopra, the Biden administration's nominee to lead the bureau, is confirmed. "It’s kind of a surprise for an acting director to come out with such a strong statement," Denson said. But he also noted that the industry "can’t challenge a blog post and the bureau’s authority to bring cases on UDAAP has always been there."