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Dismissal of cases against companies accused of cheating
millions of consumers
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Dismissals issued during Trump nominee's confirmation
hearing
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Show administration's dismantling of agency includes
general
retrenchment in enforcement
(Recasts, adds context on remaining enforcement cases)
By Douglas Gillison
Feb 27 (Reuters) - The U.S. Consumer Financial
Protection Bureau on Thursday dropped five enforcement actions
against financial services companies accused of wrongdoing under
the prior administration, including a major case against Capital
One.
The unprecedented mass dismissals eviscerated much of the
watchdog agency's remaining stable of legal actions against
financial services companies investigated for abusive and
predatory practices.
President Donald Trump is moving rapidly to dismantle the
CFPB, which he has said should be eliminated, claiming its
enforcement had become politicized. The dismissals occurred
while his nominee to head the CFPB, Jonathan McKernan, was on
Capitol Hill testifying before the Senate in a confirmation
hearing.
The CFPB's fate has looked grim since Trump took office last
month and Thursday's actions confirmed its disassembly would
include a swift retrenchment if not total reversal of pending
enforcement actions.
McKernan nevertheless told lawmakers he would continue to
take consumer protection enforcement actions if confirmed.
The agency dropped the case against Capital One after
accusing the bank last month of illegally cheating customers out
of more than $2 billion in interest payments.
It also dismissed on Thursday a lawsuit brought last
year against the student loan servicer Pennsylvania Higher
Education Assistance Agency (PHEAA), accused of illegally
collecting on student loans discharged in bankruptcy.
The CFPB likewise dropped a case against the Berkshire
Hathaway ( BRK/A )-owned Vanderbilt Mortgage and Finance, accused
of steering borrowers toward unaffordable mortgages.
It also dropped cases against Rocket Homes, which the agency
in December charged with resorting to illegal kickbacks in a
mortgage scheme, and Heights Finance, an installment lender
officials had accused of illegal "loan churning" to generate
hundreds of millions in fees and added costs.
Representatives for Capital One, Vanderbilt, PHEAA, Heights
Finance and the CFPB did not respond to requests for comment.
Rocket Homes said the case against it was based on faulty
claims and never should have been brought.
"We are proud to put this matter behind us and remain
focused on our mission to help everyone home," the company said
in a statement.
Last week, the CFPB dropped a case against online lender
Solo Funds, which the agency had said had deceived borrowers
about loan costs.
By late Thursday, court records showed that fewer than 20
pending CFPB enforcement actions remained and of those another
six were either paused or likely to be paused in light of change
of control at the agency.
Republicans and industrial lobbies have long reviled and
even sought to abolish the CFPB. After dropping the Solo Funds
case, Russell Vought, the agency's acting director, said on X
that the CFPB's case had nearly destroyed an innovative company.
However, Erin Witte, director of consumer protection at
the Consumer Federation of America, a non-profit organization,
said Thursday's en masse dismissal showed the Trump
administration was inviting corporations to abuse the public.
"We're getting a very strong message here that if you're
a bank, if you're a student loan servicer, and you're violating
the law, the CFPB is not only not going to pursue you, they're
going to let you out of your case scot-free," she said.
The consumer advocacy group Public Citizen likewise
expressed outrage, warning that unchecked misconduct would send
the United States "hurtling down the path that led to financial
crises in the past."
Since taking office, Trump and his downsizing czar Elon Musk
have vowed to destroy the CFPB. They have fired scores of staff,
shut the agency's Washington offices and moved to cancel its
lease, while placing virtually all agency workers on temporary
leave. Employee unions and Democratic elected officials have
challenged these actions in court.
Despite Trump's comments, the administration has said in
court filings that it intends to operate a more streamlined and
efficient CFPB, which agency advocates fear will mean retaining
all but a skeleton crew unequal to the task of enforcing the
law.
Pending the outcome of a legal motion filed this month by an
employee union, the administration has agreed not to fire more
personnel, alter or remove data or defund the agency.
In his confirmation testimony on Thursday, McKernan
criticized the agency's past enforcement actions as excessive
but said if confirmed he would work to uphold the agency's legal
mandates.
"I'm fully committed to following the law fully and
faithfully," he said.