AFSA Comments on the Adjudication Process at the Bureau

AFSA submitted a comment letter today in response to the Bureau of Consumer Financial Protection’s request for information on the rules of practice for adjudication proceedings. Administrative adjudication proceedings are formal adversarial proceedings conducted by an administrative law judge, who issues a recommended decision to the CFPB director.

AFSA’s comment focused on three areas: the fact that with a single-director structure, there is no meaningful appeals process for adjudication proceedings; (2) that the vast majority of actions should be brought in court as opposed to in an administrative forum; and (3) that the Bureau should keep records of its enforcement adjudication process and make certain statistics regarding those records public.

This is AFSA’s second comment in response to a series of requests from the Bureau seeking comment on enforcement, supervision, rulemaking, market monitoring, and education activities.