Consumer bureau chief goes after the heavyweights

From: POLITICO's Morning Money - Thursday Oct 28,2021 12:02 pm
Presented by the American Bankers Association: Delivered daily by 8 a.m., Morning Money examines the latest news in finance politics and policy.
Oct 28, 2021 View in browser
 
POLITICO Morning Money

By Kate Davidson and Aubree Eliza Weaver

Presented by

Editor’s Note: Morning Money is a free version of POLITICO Pro Financial Services morning newsletter, which is delivered to our s each morning at 5:15 a.m. The POLITICO Pro platform combines the news you need with tools you can use to take action on the day’s biggest stories. Act on the news with POLITICO Pro.

It was a long day for Rohit Chopra.

The newly confirmed director of the Consumer Financial Protection Bureau testified for more than four hours Wednesday in his first appearance before Congress since he was sworn in Oct. 13. Chopra, who served as the agency’s first student loan ombudsman during the Obama administration, made clear he intends to reinvigorate the bureau’s enforcement activity, particularly for large financial firms, and take a closer look at Big Tech, a move underscored last week by his letter to Silicon Valley firms seeking more details on their use of consumer data.

Some of the key takeaways from our colleague Katy O’Donnell:

The Chopra CFPB will target big fish: He said enforcement resources should be focused on the largest firms causing nationwide harm. “One of the things that bothers me so much is when small players break the law, they get shut down," Chopra said, "and when the large players repeatedly break the law, it feels like nothing happens."

He’s really worried about Big Tech: Asked what prompted his letter last week to firms like Apple, Facebook and Amazon, Chopra said he’s especially concerned about Big Tech taking more control of the U.S. dollar and global flow of payments. “The orders that we have issued cover a number of topics, and I’m hoping we’ll be able to use that information to report to you all, because I think safeguarding our nation’s payment system is so critical to our economy," he told lawmakers.

He’s not hot on a government-backed credit bureau: Chopra said he hasn’t given much thought at all to President Joe Biden’s campaign proposal to create a government-run reporting agency to compete with the three dominant credit reporting firms. “I don’t know how mechanically it would work,” he said. “That would be an enormous undertaking.”

CFPB will define “abusive” through case law: Chopra demurred when asked whether the bureau would issue a policy statement on what it considers “abusive” acts and practices, a definition created under the 2010 Dodd-Frank law. The issue has been a contentious one for the past decade, with many financial firms urging the bureau to draw bright lines around what activities fall under the new “abusive” standard. “I have huge, huge aspirations to create a durable jurisprudence," he said, suggesting he wants the agency to clear up confusion through case law, rather than the formal rulemaking process.

MM sidebar: Your host covered Chopra and the CFPB way back when the bureau was just a newborn baby agency -- actually, before it even officially opened its doors. It’s clear from this session that what’s old is new again: Lawmakers will be focused on many of the same consumer protection issues that dominated these hearings eight or nine years ago, including the abusive standard, ability-to-repay mortgage rules, overdraft fees, payday lending and data privacy and security. This time around, however, the targets of scrutiny may more likely be in San Francisco than New York.

Chopra, a former FTC commissioner, is one of a slate of progressives that Biden has tapped to run the independent regulatory agencies, including Gary Gensler at the SEC, Lina Khan at the FTC and Saule Omarova at the Office of the Comptroller of the Currency. While Biden has struggled with his legislative agenda, it’s clear that his personnel choices at the financial agencies could drive big shifts in the regulatory and supervisory landscape.

What’s next: Look for the CFPB director at the Senate Banking Committee this morning, where he’ll face questions about the extent to which the bureau will regulate through enforcement, and about reports that career staffers at the agency were pushed out to clear the decks for him.

IT’S THURSDAY — It’s our one-week Morning-Money-versary! How are we doing? (And why are we talking in the third person?) Let us know!

Also, since this works for our friends at West Wing Playbook, let’s try it again: Do you work at the CFPB? Are you in touch with bureau officials? Are you JAN SINGELMANN, CFPB chief of staff?

We want to hear from you: kdavidson@politico.com, aweaver@politico.com, or DM on Twitter: @katedavidson.

A message from the American Bankers Association:

America’s banks firmly believe that everyone should pay their taxes, but a proposal in Congress would force banks to provide details to the IRS on what’s going in and out of millions of bank accounts across the country. This dragnet of data collection raises serious questions about Americans’ right to privacy. Learn more about the issue and take action here.

 
Driving the Day

Commerce Department releases third-quarter GDP data at 8:30 a.m. … Brookings Institution hosts a virtual discussion at 9 a.m. on “Moving beyond GDP: Sustainability, resilience, and inclusiveness for economic development.” … Chopra testifies at Senate Banking at 10 a.m. … Commerce Secretary Gina Raimondo speaks at USTelecom’s 2021 Broadband Investment Forum at 1 p.m. … Chamber of Commerce holds a virtual discussion on inflation in the food and related industries at 1 p.m.

RECONCILIATION update — From our colleagues Burgess Everett, Heather Caygle and Sarah Ferris: “A flurry of cuts to Democrats' domestic priorities endangered a quick deal on President Joe Biden's agenda on Wednesday after a frenetic 24 hours of negotiating between the president and two moderate senators.”

“An axed paid leave program and a proposed elimination of a tax on billionaires, as well as the tenuous state of prescription drug reform and Medicare expansion, slowed down progress between Biden and Sens. Kyrsten Sinema (D-Ariz.) and Joe Manchin (D-W.Va.). After meeting with Biden on Wednesday afternoon, Sen. Bernie Sanders (I-Vt.) said there’s “no way” a deal is reached before Thursday.”

More Dems oppose IRS reporting provisions: Twenty-one House Democrats have signed onto a letter opposing a provision in the bill that would require banks to report more account information to the IRS. The letter follows Manchin’s remarks Tuesday slamming the proposal.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 

CFTC CHIEF ASKS CONGRESS FOR CRYPTO POWERS — From our colleague Kellie Mejdrich: “Acting CFTC Chair Rostin Behnam on Wednesday urged lawmakers to give his agency more authority to regulate digital assets , arguing that most cryptocurrency activity falls under its jurisdiction. Behnam made his pitch at a Senate Agriculture Committee hearing on his nomination to lead the CFTC on a permanent basis. He has been relatively quiet on the regulatory future for crypto in recent months, and his testimony revealed sweeping ambitions for how he plans to lead the agency.”

(Here’s Bloomberg’s Benjamin Bain with a bit more on the Behnam hearing.)

Speaking of crypto: ICYMI, our colleague Caitlin Oprysko this week reported on the surge in crypto lobbying: “Cryptocurrency firms and trade groups kicked their lobbying expenditures into overdrive during the third quarter, as the industry scrambled to fend off legislative threats and signals of regulatory headwinds from the Biden administration.”

“Crypto startups and their industry associations spent about $2.2 million from July through September, more than doubling what they spent during the same period a year earlier, according to lobbying disclosures. Many digital asset firms hired Washington lobbyists for the first time.

FIRST LOOK: CHAMBER REPORT ON BUSINESS AND VACCINES — More than 40 percent of small business owners say they are willing to replace employees who refuse to comply with Covid-19 vaccine or testing rules, according to a new survey from the U.S. Chamber of Commerce.

More from our Rebecca Rainey: “The data provides a snapshot of employers’ attitudes towards vaccine requirements ahead of the Biden administration’s release of emergency rules requiring large companies to verify their staff is vaccinated or require them to submit to weekly tests, a mandate that is expected to be released as soon as this week.”

You can read the full State of the Workforce report here.

 

A message from the American Bankers Association:

Advertisement Image

 

TIME FOR SPENDING TALKS — From our Caitlin Emma: “House Appropriations Chair Rosa DeLauro has invited her Senate counterparts to meet next week to start hashing out a bipartisan government funding deal, her spokesperson said on Wednesday.”

Wait, which funding is that again? Remember, the government is being funded right now by a short-term spending bill known as a CR, or continuing resolution, which will expire on Dec. 3. Lawmakers have until then to approve another short-term patch or, as DeLauro is aiming to do, pass a bill to fund the government for the rest of the fiscal year, which ends Sept. 30, 2022.

Debt deadline looms: Don’t forget Congress also needs to suspend or raise the federal debt limit to ensure the government can borrow the money needed to finance its operations and pay obligations to bondholders, federal beneficiaries, contractors and others. Lawmakers approved a short-term increase last month as part of the CR agreement, but the Treasury has already hit that ceiling and is once again relying on cash-conservation measures to keep paying the government’s bills on time. While Secretary Janet Yellen has said those measures will last at least until Dec. 3, many analysts see the real deadline, known as the X-date, as falling some time in January.

WHITE COLLAR CRIME WATCH — Deputy Attorney General Lisa Monaco will deliver the keynote address this morning at the American Bar Association’s white collar crime conference in Miami. The speech follows remarks several weeks ago from John Carlin, another DOJ official, who said the agency planned to redouble its efforts to crack down on white-collar crime. One recent example: Prosecutors notified Swedish telecom company Ericsson that it had breached the terms of a $1 billion bribery settlement because it failed to turn over certain documents and information required under the 2019 deferred prosecution agreement, the company said last week.

 

BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we’ve got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don’t miss out on this influential global community. Subscribe now.

 
 
Fly Around

U.S. SEEKS FASTER PROGRESS ON SOVEREIGN DEBT RESTRUCTURING Reuters: “The United States is calling for quicker progress on restructuring the debts of highly indebted countries under the Common Framework agreed last year by the Group of 20 economies and the Paris Club, a senior Treasury official said Wednesday.”

DOJ PROBES VISA’S RELATIONSHIPS WITH FINTECH FIRMS — WSJ’s AnnaMaria Andriotis, Brent Kendall and Peter Rudegeair: “The Justice Department is scrutinizing Visa Inc.’s relationships with large financial-technology companies as part of its antitrust investigation of the card giant, according to people familiar with the matter. Antitrust investigators are looking into the financial incentives that Visa gave Square Inc., Stripe Inc. and PayPal Holdings Inc., the people said.”

FED BANKERS FACE PENALTIES FOR ETHICAL BREACHES UNDER SENATE PROPOSAL — WSJ’s Michael S. Derby: “A group of Senate Democrats plans to introduce legislation that would restrict the type of investments Federal Reserve officials could make and impose penalties for violating these rules or the Fed’s own new code of ethics. The bill is co-sponsored by Senate Banking Committee Chairman Sherrod Brown of Ohio and Sens. Kirsten Gillibrand of New York, Jeff Merkley of Oregon and Raphael Warnock of Georgia.”

A message from the American Bankers Association:

A proposal in Congress would force financial institutions to provide details to the IRS on the inflows and outflows of millions of bank accounts. While supporters say the proposal is aimed at reducing the tax gap by targeting wealthy tax cheats, this data dragnet would actually capture information from millions of small businesses and consumers who are not suspected of tax avoidance.

Everyone should pay their fair share of taxes, but this proposal goes too far and raises serious questions about Americans’ right to privacy—while damaging the hard-earned trust between banks and their customers. Tell Congress to oppose this misguided reporting regime and demand that the IRS focus on tax cheats, not all taxpayers.

It’s not too late to protect your financial data. Learn more about the issue and take action here.

 
 

Follow us on Twitter

Mark McQuillian @mcqdc

Kate Davidson @KateDAvidson

Aubree Eliza Weaver @aubreeeweaver

Ben White @morningmoneyben

Victoria Guida @vtg2

Katy O'Donnell @katyodonnell_

Zachary Warmbrodt @Zachary

Kellie Mejdrich @kelmej

 

Follow us

Follow us on Facebook Follow us on Twitter Follow us on Instagram Listen on Apple Podcast
 

To change your alert settings, please log in at https://www.politico.com/_login?base=https%3A%2F%2Fwww.politico.com/settings

This email was sent to by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA

Please click here and follow the steps to .

More emails from POLITICO's Morning Money