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Morrison & Foerster Discusses CFPB Report on Consumer Credit Card Market

On December 27, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) released its biennial report on the consumer credit card market (“2017 Report” or “Report”), which summarizes its views on the state of the consumer credit card market over the past two years. The Report is particularly noteworthy because it provides the first insight into the post-Cordray CFPB’s views on the state of the consumer credit card market.

The Report was issued pursuant to Section 502(a) of the CARD Act (“CARD Act”),[1] which directs the CFPB to review and report on the consumer credit card market. The CARD Act requires the CFPB’s report to review certain specific topics, including terms of credit card agreements and issuer practices, the effectiveness of disclosures, the adequacy of consumer protections, and whether the CARD Act has impacted any of these areas. Prior CARD Act reports also have addressed other market developments, and the 2017 Report continues this trend.

The 2017 Report is informed by public responses to the Bureau’s March 2017 request for information (“RFI”),[2] as well as a number of other data sources, including data from the Bureau’s Consumer Credit Panel and de-identified data collected by the Federal Reserve Board from bank holding companies.

In contrast with prior CARD Act reports, the 2017 Report is more neutral in tone and does not identify supervisory or enforcement priorities, specify CFPB policy, or list “areas of potential concern.”[3] In general, the 2017 Report states that “[t]he quantitative and qualitative indicators outlined generally suggest a positive picture for consumers in the credit card market.” The 2017 Report provides in-depth analyses on several of the “deep-dive” topics introduced in the 2015 Report, as well as two new topics affecting the credit card market: products developed for consumers with “non-prime” credit scores and third-party credit card comparison (“TPC”) websites.

This alert highlights a few early takeaways from the 2017 Report. We will continue to unpack the 350+ page report—the 2017 Report is the longest CARD Act report to date—and will follow up with a more detailed analysis in the coming days.

Early Takeaways

Concluding Thoughts

Prior CARD Act Reports have identified supervisory or enforcement priorities in the credit card market or signaled policy direction. The 2017 Report departs from this approach, reporting on market developments rather than signaling policy or otherwise making recommendations for the credit card market.

ENDNOTES

[1] 15 U.S.C. § 1616(a).

[2] See our alert on the RFI here.

[3] See our earlier summaries of the Bureau’s initial 2013 CARD Act Report (“2013 Report”) and subsequent 2015 CARD Act Report (“2015 Report”).

This post comes to us from Morrison & Foerster LLP. It is based on the firm’s client alert, “CFPB Releases the 2017 CARD Act Report: Early Takeaways from the New CFPB’s First Report on the Consumer Credit Card Market,” dated December 28, 2017, and available here.

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