Amicus Brief: Chamber of Commerce v. CFPB Amicus Brief filed

Americans for Financial Reform recently joined several consumer protection organizations in an amicus brief in Chamber of Commerce v. CFPB, which was filed by Democracy Forward in the 5th Circuit in August 2024. This brief supports the CFPB’s 2022 clarification in its Supervision and Examination Manual that “discriminatory acts or practices” in the provision of financial services may be “unfair” under the Dodd-Frank Act. The brief asks the 5th Circuit to reverse the judgment of the district court, and hold that the CFPB has statutory authority to consider discriminatory conduct an “unfair” practice.

Cryptocurrency

Blog: The Digital Commodities Act: The Real Deal, or a Castle on a Cloud?

The Senate Agriculture Committee is developing legislation aimed at closing the regulatory oversight gap that the cryptocurrency lobby insists is a problem. True, the crypto industry is highly volatile and riddled with scams that expose those that buy cryptocurrencies and tokens to substantial financial losses. But that’s a problem of enforcing existing rules, not regulation. The proposed bill purports to provide regulatory guardrails to this crypto Wild West, but ultimately would give a federal imprimatur to the crypto industry while only offering the patina of the necessary investor and market safeguards needed to protect vulnerable investors.

News Release: Public Interest Groups Defend SEC’s Climate Risk Disclosure Rule

Today, a coalition of public interest organizations filed an amicus brief in the U.S. Court of Appeals for the Eight Circuit defending the Securities and Exchange Commission (SEC) against challenges to its final rule requiring public companies to disclose climate-related risks to their businesses and plans to manage or mitigate them. The SEC rule aligns with the growing consensus among investors and financial regulators in the U.S. and around the world that climate change poses significant risks to financial systems, and that securities regulators have an important role to play in mitigating those risks.

News Release: 35 Groups Call on Next Administration to Carry On Fight Against Junk Fees 

Today, 35 community, civil rights, consumer, and advocacy organizations called on  presidential candidates to confront junk fees as a part of any future economic agenda. As President Biden highlights the success of his crackdown on junk fees – especially credit card late fees – presidential candidates should promise to protect people from unfair, undisclosed fees. Junk fees cost families tens of billions yearly. They inhibit competition and hurt consumers, workers, small businesses, and entrepreneurs. Fighting them is immensely popular.

Letter to the Regulators: AFREF Comments to Department of Treasury Regarding Request for Information on AI in Financial Services

AFREF submitted a comment regarding a request for information on uses, opportunities, and risks of artificial intelligence in the financial services sector. The comment notes that while artificial intelligence (AI), including machine learning and generative models, could potentially transform the financial services industry, insufficiently robust AI regulatory oversight and supervision can harm consumers by amplifying discriminatory patterns in credit markets, increasing consumer costs, and creating barriers to accessible credit. To address these harms, federal regulators should pursue a rights-based and not solely a risk-based approach.

Letters to the Regulators: AFREF and CRL submit comment demonstrating structural racism roots of racial disparities in medical debt

Americans for Financial Reform Education Fund and the Center for Responsible Lending support the rule to prohibit creditors and consumer reporting agencies from using medical debt information for credit eligibility determinations. The rule is essential to protect families from the negative impacts of medical debt on their health and their finances. But the rule is especially important to protect Black, Latine, and other people of color who are more likely to have medical debt burdens.

News Release: 100+ Groups Support the CFPB’s Removal of Medical Debt From Credit Reports

Today, over 100 consumer, civil rights, military, legal services, and community groups submitted comments in strong support of the Consumer Financial Protection Bureau’s (CFPB) proposed rule to ban medical debt from credit reports. The proposal would stop credit reporting companies from sharing medical debts with lenders and prohibit lenders from making lending decisions based on medical information. The proposed rule is part of the CFPB’s efforts to address the burden of medical debt and coercive credit reporting practices.