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TCH Advocates Broad Authority Over Nondepositories

The Clearing House Association submitted a comment letter to the CFPB on defining larger participants (nondepositories) in certain consumer financial products and services markets for purposes of supervision and regulation by the CFPB under § 1024 of Dodd-Frank. The manner in which the CFPB defines larger participants is essential to the agency fulfilling its mandate under Dodd-Frank to ensure that federal consumer financial law is enforced consistently, without regard to the status of an entity as a depository institution in order to promote fair competition. TCH argued that such authority should be exercised broadly, based on the risk that such participants pose to consumers.