For years, American financial companies have fought the Consumer Financial Protection Bureau — the chief U.S. consumer finance watchdog — in the courts and media, portraying the agency as illegitimate and as unfairly targeting industry players.
Now, with the CFPB on life support after the Trump administration issued a stop-work order and shuttered its headquarters, the agency finds itself with an unlikely ally: the same banks that reliably complained about its rules and enforcement actions under former director Rohit Chopra.
That's because if the Trump administration succeeds in reducing the CFPB to a shell of its former self, banks would find themselves competing directly with non-bank financial players, from big tech and fintech firms to mortgage, auto and payday lenders, that enjoy far less federal scrutiny than FDIC-backed institutions.
«The CFPB is the only federal agency that supervises non-depository institutions, so that would go away,» said David Silberman, a veteran banking attorney who lectures at Yale Law School. «Payment apps like PayPal, Stripe, Cash App, those sorts of things, they would get close to a free ride at the federal level.»
The shift could wind the clock back to a pre-2008 environment, where it was largely left to state officials to prevent consumers from being ripped off by non-bank providers. The CFPB was created in the aftermath of the 2008 financial crisis that was caused by irresponsible lending.
But since then, digital players have made significant inroads by offering banking services via mobile phone apps. Fintechs led by PayPal and Chime had roughly as many new accounts last year as all large and regional banks combined, according to data from Cornerstone Advisors.
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