“It would be hard to find a Federal agency where the gap between regulatory power and public accountability is greater,” stated Wayne Abernathy, Executive Vice President for Financial Institutions Policy and Regulatory Affairs at the American Bankers Association, during his testimony about the Consumer Financial Protection Bureau before the House Financial Services Subcommittee on Oversight and Investigations (the “Subcommittee”).  Despite the Bureau’s repeated assertions that it is a “transparent” and “data-driven” agency, Abernathy countered that “the Bureau, as it is currently structured, is governed by one person with no peers, no one in the agency who can address him without ultimately bending to that one person’s policy judgment, knowing that at some point the discussion will end with, ‘Yes sir.’”

Abernathy argued that the Bureau’s practices do not live up to its stated goal of placing a high priority on the role of data in policymaking and the importance of transparency in the use of that data.  The Dodd-Frank Act extended impressive authority to the CFPB for requiring information and gathering data, but is missing effective guidelines for the oversight of exercising that authority.

On various occasions, Abernathy said, the CFPB has failed to disclose data on which the Bureau bases its research studies, or it manufactured data that did not exist.  These practices have undercut the role of data in preventing regulatory abuses, and have weakened the contribution of information to the development of policymaking.  Abernathy requested an inquiry by the Subcommittee into the CFPB’s data practices and the public’s access to the data on which the Bureau relies for its decisions.

Finally, Abernathy recommended that “[t]he governance of the Bureau should be changed from a sole directorship to governance by a bipartisan commission.”  Abernathy believes that this structural change would allow the “public disclosure of data to be provided in full and ample context consistent with public review, oversight, and accountability.”

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Photo of Julie D. Hoffmeister Julie D. Hoffmeister

Julie is a partner primarily focusing on financial services litigation. She defends consumer-facing companies of all types in individual claims and class actions, including claims under the Fair Credit Reporting Act (FCRA), the Driver’s Privacy Protection Act (DPPA), and the Telephone Consumer Protection…

Julie is a partner primarily focusing on financial services litigation. She defends consumer-facing companies of all types in individual claims and class actions, including claims under the Fair Credit Reporting Act (FCRA), the Driver’s Privacy Protection Act (DPPA), and the Telephone Consumer Protection Act (TCPA). Julie also applies her litigation knowledge in assisting businesses in developing compliance processes and procedures for the myriad federal consumer protection laws.

Photo of Ronald I. Raether, Jr. Ronald I. Raether, Jr.

Ron leads the firm’s Privacy + Cyber team. Drawing from nearly 30 years of experience, he provides comprehensive services to companies in all aspects of privacy, security, data use, and risk mitigation. Clients rely on his in-depth understanding of technology and its application

Ron leads the firm’s Privacy + Cyber team. Drawing from nearly 30 years of experience, he provides comprehensive services to companies in all aspects of privacy, security, data use, and risk mitigation. Clients rely on his in-depth understanding of technology and its application to their business to solve their most important challenges — from implementation and strategy to litigation and incident response. Ron and his team have redefined the boundaries of typical law firm privacy and cyber services in offering a 360 degree approach to tackling information governance issues. Their holistic services include drafting and implementing bespoke privacy programs, program implementation, licensing, financing and M&A transactions, incident response, privacy and cyber litigation, regulatory investigations, and enforcement experience.