March 19, 2018

In this article, Partner Michael W. Ross and Associate Emily A. Bruemmer examine the Consumer Financial Protection Bureau’s (CFPB) preference for less enforcement at the federal level.  The authors discuss acting Director Mick Mulvaney’s announcement that the CFPB would no longer be “pushing the envelope” through enforcement actions and will be depending on state regulators for more leadership in regard to enforcement.  Mr. Ross and Ms. Bruemmer explain that this development may not translate to less enforcement activity overall, but instead could lead to more inconsistent and unpredictable efforts by the state authorities.  The authors note that FinTech companies’ protection of consumer data could become an area of focus and warn FinTech companies to remain vigilant regarding their privacy practices to ensure they are prepared in all the jurisdictions in which they operate.