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Key Takeaways

  • In the final days of Joe Biden’s administration, the CFPB issued a flurry of new rules and regulations, including banning medical debt from credit reports and restricting late fees and overdraft fees.
  • Incoming president Donald Trump could reverse or modify many of those rules.
  • One former bureau official said some rules may survive if Republicans decide repealing them would be too unpopular.

President Joe Biden’s consumer watchdog agency is going down guns blazing, issuing new rules and regulations at a furious pace, although many of them could be reversed by the incoming Trump administration.

The final days of a presidential administration after the election of a successor are called the “lame duck” period, but under Joe Biden and bureau director Rohit Chopra, the Consumer Financial Protection Bureau has been anything but lame. The agency has dished out new rules and punished companies for alleged wrongdoing against customers.

Since the election on Nov. 5, the bureau has finalized four rules, proposed at least two more, issued 11 research reports and taken at least 17 enforcement actions, including against major companies such as Google and Wal-Mart, according to press releases from the bureau.

During the same time last year, the agency proposed two rules, took 10 legal actions, and issued four reports. It did not finalize any rules during that period.

The bureau’s newest rules could significantly impact household finances. For example, the bureau has ordered all medical debt erased from credit reports, which could boost credit scores for an estimated 15 million people. They also ordered overdraft fees capped at $5 in most cases, following up on a rule earlier this year that limited credit card late fees to $8.

What’s Next For These Rules?

The banking industry has already resisted some of the new rules, launching lawsuits to prevent them from going into effect. Soon, the rules of the Biden-era CFPB could face additional pushback from the incoming Republican-controlled Congress and White House.

Republicans have opposed the CFPB since its creation in 2010, often arguing that it constrains financial companies with overbearing rules. Elon Musk, the world’s richest man and one of Trump’s key economic advisors, has proposed the incoming government “delete” the agency entirely.

One former high-ranking CFPB official said the future for the Biden era changes is likely dim.

“I suspect that much of what we’ve seen will—in one form or another—get at least modified, if not overturned,” said David Silberman, a law lecturer at Yale who served as the acting deputy director of the bureau in 2016 and 2017 during Trump’s first presidential transition.

Bureau Shifts With Political Winds

The bureau was conceived as an independent federal agency, somewhat insulated from politics, whose director was appointed by the president for a five-year term and could only be removed for “inefficiency, neglect of duty, or malfeasance in office.”

However, in 2020, the Supreme Court ruled that the leadership structure was unconstitutional, paving the way for presidents to fire and change the director when they take office.

Biden did just that in 2021, replacing Trump-appointed director Kathy Kraninger with Chopra, who cooperated closely with the White House. Under Biden, the bureau joined an administration-wide effort to crack down on what Biden called “junk fees.”

Some of those rules may survive the changeover, if for no other reason than repealing them could prove unpopular.

“I would think that excluding medical debt from being considered in credit decisions would be quite popular,” Silberman said. “I assume that reducing overdraft fees and late fees would also be popular across the political spectrum … whether they want to take that on, I don’t know.”


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