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Dodd-Frank Act Vs CFPB Failure

Decent Essays

Two fundamental principles provide the basis of our justice system: innocent until proven guilty and the right to face your accuser. Without these protections, the law turns into something to attack opponents instead of a system to protect the innocent and ensure justice. These principles are now under threat by the regulatory state and its most grievous offender is the so called Consumer Financial Protection Bureau (CFPB).

In the wake of the 2008 financial crisis, a Democrat Congress and President Barack Obama passed the Dodd-Frank Act, which in turn unleashed a flood regulations and created the CFPB. While their intent of protecting the little guy is praiseworthy, the legislation had the opposite effect. Since its inception, the CFPB became …show more content…

This sounds more like a third world country than the United States of America. After going through all this, then a company can appeal to the real judicial system. That is, after their brand and reputation was already dragged through the mud.

Companies that try to fight for fair treatment by the CFPB usually are turned into an example.
Take the case of PHH Corporation. PHH appealed an unfavorable ruling by a CFPB administrative judge to the current CFPB Director, Richard Cordray . Not only did Cordray go beyond the administrative law judge’s decision to identify additional violations, but he also increased the PHH’s penalty from $6.4 million to $109 million simply for appealing the decision! The message is clear - companies cannot question the CFPB.

With their judge, jury, and executioner setup, It is not surprising that the CFPB made headlines with huge penalties and a prosecution rate near perfect. In this compromised system, most companies agree to a CFPB settlement payment instead of fighting. More importantly, in these settlements, companies agree to pay without admitting or denying any findings or facts. The CFPB then uses this settlement to paint a picture of admission of guilt in self-congratulatory press …show more content…

Washington and somewhat the country have transformed into a government by oligarchy. Where unelected bureaucrats or “experts” skirt the law to tell the American people what is right and fair.

How does the CFPB get away with this?

The Bureau operates separately and independent from the purview of Congress. By statute, the CFPB receives a fixed percentage of the Federal Reserve Board’s operating budget, and cannot be denied funding. The self-funding authority removes the check that Congress exercises from the power of the purse.

A single director heads the CFPB. He serves a five-year term that cannot be cut short if the President disagrees with the Director’s policy judgment different from the heads of agencies such as the Department of Justice and Treasury. This single director relegates the President of the United States to a role as the spectator as the CFPB director exercises his broad power.

When Democrats decided that consumer protection was more important than a just process, due process was crushed. Placing the legislative, judicial, and executive powers into one agency, as James Madison said in the Federalist papers, “may justly be pronounced the very definition of

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