United States: Dodd-Frank, Consumer Protection Act

The future of the Consumer Financial Protection Bureau (CFPB or Bureau) has rarely been more uncertain. Since its creation, the CFPB has been at the center of intense political and policy debate...

On August 31, California Business and Consumer Services Agency (BCSA) Secretary Rohit Chopra announced that examining businesses’ use of emerging technologies...

The Consumer Financial Protection Bureau's Office of Inspector General has released a report detailing significant operational disruptions stemming from workforce reductions and contract cancellations in early 2025. The findings reveal a substantial backlog of consumer complaints, paused enforcement activities, and service interruptions affecting the agency's core functions.

Retail sales rose 2.2% in Q2 versus Q1, while inflation increased 1.5%, suggesting that higher prices may have contributed to growth more than stronger demand. Personal sports, leisure, and e-commerce sales accelerated in June ahead of the FIFA World Cup.

Russell Vought is expected to remain at the Consumer Financial Protection Bureau as a senior adviser after his term as Acting Director ends on August 1, providing continuity until Brian Johnson is confirmed by the Senate. The arrangement comes during a consequential transition period as the Bureau grapples with pending litigation over proposed staff reductions, organizational restructuring, and regulatory reconsiderations from the previous administration.

CFPB Director nominee Brian Johnson faced Senate questioning about his plans for the Consumer Financial Protection Bureau, declining to support calls for the agency's elimination while outlining priorities focused on consumer protection, accountability, and modernization. His confirmation hearing revealed tensions over his industry background and potential political interference in enforcement actions.

This comprehensive newsletter covers recent federal and state consumer protection enforcement actions, including FTC lawsuits against dietary supplement companies and mortgage relief operators, multi-state settlements involving COVID-19 testing businesses, and new regulatory initiatives like California's Affordability Response Team.

The Eastern District of Tennessee denied a plaintiff's request to defer summary judgment in a TCPA case, while the Seventh Circuit expressed skepticism about whether text messages qualify as "calls" under the statute.

Gary Gensler's recent amicus brief in the Kalshi litigation has sparked unexpected attention across legal circles, with lawyers who typically oppose his regulatory approach finding themselves sharing excerpts from the filing. The brief challenges whether Congress intended Dodd-Frank to preempt state sports betting laws, using memorable phrases and firsthand institutional knowledge to frame a complex debate about prediction markets, federal commodities law, and state gambling authority.