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TCH Responds to CFPB Request for Information on Enforcement

The Clearing House (TCH) filed a comment letter to the Bureau on its Enforcement Processes RFI.  The comment letter contains a range of specific recommended reforms to the Bureau’s processes including the following five overarching suggestions: (i) the Bureau should avoid “regulation by enforcement” by ensuring that enforcement actions are grounded in existing law and regulations; (ii) the Bureau should ensure that the Notice and Opportunity to Respond and Advise (NORA) process provides a meaningful opportunity to respond to the Bureau’s findings; (iii) the Bureau should refine its approach for determining the type and amount of enforcement remedies and for terminating consent orders; (iv) the Bureau should implement a reasonable, clear, and consistent approach to determining applicable limitations periods and seeking tolling agreements; and (v) the Bureau should institute a policy to refrain from requesting or using attorney-client privileged materials in enforcement actions.