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(CNBC)   Remember how we used to have a Consumer Financial Protection Bureau? That was nice while it lasted   (cnbc.com) divider line
    More: Murica, Mortgage loan, Debt, Subprime mortgage crisis, CFPB rule, mortgage market, Loan, Mortgage-backed security, Freddie Mac  
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3239 clicks; posted to Politics » on 28 Oct 2022 at 11:52 AM (21 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2022-10-28 9:39:25 AM  
as they all trace their origins to the CFPB's unconstitutional self-funding structure," regulatory attorneys Anthony DiResta and Luis Garcia of Holland & Knight wrote in a note to clients Tuesday.

Well, we know the scumbags working for the payday loans people
 
2022-10-28 10:42:57 AM  
If we can't assrape the American working class and take them for every dollar they have, can you really call it capitalism?
 
2022-10-28 10:53:23 AM  
Court of Appeals for the Fifth Circuit

*Eyeroll*... No worries CFPB, just keep going. Nobody's listening to these hacks nowadays anyway and the overwhelming majority of the country approves of you.
 
2022-10-28 11:54:19 AM  
Imagine, a judicial system going to the mat to protect payday lenders over its citizens.
 
2022-10-28 11:54:45 AM  

koder: Court of Appeals for the Fifth Circuit

*Eyeroll*... No worries CFPB, just keep going. Nobody's listening to these hacks nowadays anyway and the overwhelming majority of the country approves of you.


This. Several other federal courts have ruled they are fine. Judge shopping at its finest.
 
2022-10-28 11:56:05 AM  

emersonbiggins: Imagine, a judicial system going to the mat to protect payday lenders over its citizens.


It's easy if you try
 
2022-10-28 11:56:25 AM  
FINALLY I can open a cash checking/payday loan business & charge people 9000% interest compounded hourly.
 
2022-10-28 11:57:51 AM  
Cfpb actually massively helped me out about ten years ago with removing some heavy-hitting items from my credit report. It's a long story but after cfpb ruled in my favor those items were purged from all three credit bureaus reports within a week.

Some time after that they lost their teeth, is my understanding. It kind of reminds me of BBB, another consumer protection agency which lost its ability to do much of anything aside from act as a non-judgmental arbitrar with no tools to help a slighted consumer.

/ and the home of the free.
 
2022-10-28 11:58:57 AM  
Nah, this'll be fun. We'll put this "wisdom of the market" and "buyer beware" shiat to the test like Americans supposedly want.

I'm tired of listening to assholes who vote for their own destruction (or don't vote at all) whine about how terrible something that happened to them is.

So fark 'em. Just make all the terrible shiat "legal" now and shut down the regulatory agencies. People want to live in a "free" country, let's show them what that means. Again. Since we did this shiat already, but Americans are farking stupid and insist on learning every goddam thing the hard way.
 
2022-10-28 11:59:17 AM  

TheCableGuy: Cfpb actually massively helped me out about ten years ago with removing some heavy-hitting items from my credit report. It's a long story but after cfpb ruled in my favor those items were purged from all three credit bureaus reports within a week.

Some time after that they lost their teeth, is my understanding. It kind of reminds me of BBB, another consumer protection agency which lost its ability to do much of anything aside from act as a non-judgmental arbitrar with no tools to help a slighted consumer.

/ and the home of the free.


The CFPB is the government, and it has the ability to do things.

BBB is yelp.
 
2022-10-28 11:59:47 AM  
Wait so my pseudo Native American named usury corp is legal again? Sweet round on me (well really on the people who are getting charged an 4000%APR).
 
2022-10-28 12:04:58 PM  
So, reading through the article the sum total of why these knuckleheads believe the CPB is unconstitutional is that because it is built to be free from political pressure through the funding mechanism.

Another example of why we can't have nice things.
 
2022-10-28 12:05:44 PM  
Just disband all the courts before they destroy Our Democracy.
 
2022-10-28 12:05:48 PM  
"You may charge a foreigner interest, but you may not charge your brother interest, that the Lord your God may bless you in all that you undertake in the land that you are entering to take possession of it."

God hates usury in damn near exactly the same spots he hates teh geyhs, but for some reason, we never see our Christian Nation true believers complaining about it.

Hmmm.....
 
2022-10-28 12:07:39 PM  
The crux of the argument is that the Fed Reserve funds the CFPB as a way to insulate it from political pressure, but its opponents claim that only Congress should fund it, as it's no longer "answerable to the will of the people".

But it was Congress that created the agency and wrote the rules for it, so shouldn't it pass that test of being answerable to Congress, and thus the public? Congress gave its blessing to the funding, and the public, if unhappy, can vote in a new Congress that will curtail or abolish the agency.
 
2022-10-28 12:07:59 PM  
I've always said that if I had no morals or ethics, I'd open a payday loan business or become a minister.
 
2022-10-28 12:09:05 PM  
Yeah, I remember that Georgia payday law. All it did was reduce the maximum interest from 43% to 22% (roughly the same as a high-risk credit card at the time) and added some housekeeping things and the credit markets went nuts. Apparently, some lawyer thought it would apply to a collateralized loan and it took until after the 2008 meltdown to realize it didn't. 

Of course, the scumbag lenders just shifted to Car Title loans and kept on going.
 
2022-10-28 12:09:27 PM  

emersonbiggins: Imagine, a judicial system going to the mat to protect payday lenders over its citizens.


...and solely because the Bureau, which only enforces laws and regulations - it doesn't and can't write or adjudicate law - gets its funding (but not its mandate) from outside the government (and never mind that the Federal Reserve's leaders are picked by government).
 
2022-10-28 12:12:35 PM  

emersonbiggins: Imagine, a judicial system going to the mat to protect payday lenders over its citizens.


Freedom, baby. Government overreach has got to be curbed.
 
2022-10-28 12:12:40 PM  

JohnnyApocalypse: The crux of the argument is that the Fed Reserve funds the CFPB as a way to insulate it from political pressure, but its opponents claim that only Congress should fund it, as it's no longer "answerable to the will of the people".

But it was Congress that created the agency and wrote the rules for it, so shouldn't it pass that test of being answerable to Congress, and thus the public? Congress gave its blessing to the funding, and the public, if unhappy, can vote in a new Congress that will curtail or abolish the agency.


I can sort of see the point. The funding is always supposed to start in the House Ways and Means committee. The question boils down to whether Congress can cede that funding mechanism somewhere else. If not, there are a bunch of programs (including Social Security and Medicare) that will be litigated.
 
2022-10-28 12:13:49 PM  

oa330_man: I've always said that if I had no morals or ethics, I'd open a payday loan business or become a minister.


Why not both dot gif
 
2022-10-28 12:17:19 PM  
Sure, let's just destroy the entire country. I'm sure that's gonna end well
🙄
 
2022-10-28 12:17:32 PM  
Well they can't make debt slavery and neo feudalism if the serfs have money left.
 
2022-10-28 12:19:09 PM  

Another Government Employee: JohnnyApocalypse: The crux of the argument is that the Fed Reserve funds the CFPB as a way to insulate it from political pressure, but its opponents claim that only Congress should fund it, as it's no longer "answerable to the will of the people".

But it was Congress that created the agency and wrote the rules for it, so shouldn't it pass that test of being answerable to Congress, and thus the public? Congress gave its blessing to the funding, and the public, if unhappy, can vote in a new Congress that will curtail or abolish the agency.

I can sort of see the point. The funding is always supposed to start in the House Ways and Means committee. The question boils down to whether Congress can cede that funding mechanism somewhere else. If not, there are a bunch of programs (including Social Security and Medicare) that will be litigated.


If Congress can't delegate its authority, we practically won't have a government.

Which is the point.
 
2022-10-28 12:23:02 PM  

Dafatone: If Congress can't delegate its authority, we practically won't have a government.

Which is the point.


That.

Congress delegating authority is literally how the government functions.   "Hey, lets create and fund an agency to deal with problem X and fill it with experts in problem X, and have the executive branch manage it."

That is pretty much how every single cabinet level department functions.

Only now we just do our own research.  Who needs Ph.Ds and science when I have Wikipedia and truthieness?
 
2022-10-28 12:23:25 PM  

Blathering Idjut: So, reading through the article the sum total of why these knuckleheads believe the CPB is unconstitutional is that because it is built to be free from political pressure through the funding mechanism.

Another example of why we can't have nice things.


And in order to protect scumbag payday loan companies, the courts are apparently willing to abend the entire mortgage industry.
But sure, let's just keep pretending this is all gonna work itself out on its own.
🙄
 
2022-10-28 12:25:50 PM  

baka-san: as they all trace their origins to the CFPB's unconstitutional self-funding structure," regulatory attorneys Anthony DiResta and Luis Garcia of Holland & Knight wrote in a note to clients Tuesday.

Well, we know the scumbags working for the payday loans people


Debbie Wasserman Schultz?
 
2022-10-28 12:26:36 PM  
Fun fact: The godite Bible goes back and forth over a lot territory -- when exactly is murder, theft, rape okay or not okay, are other gods real but bad, little quibbles like that. But there's one thing that uniformly pisses the God and the Jesus off, something they never gave an inch of ground on, and that would of course be usury.

When I talk about trumpos and godites being the responsibility of people of wealth -- something they invented and funded and maintain to advance their own agendas, something for which they can answer -- it's not a joke or a way to win internet points. It isn't, and never was, your responsibility to reach out to them, or to make common cause, or negotiate with them like they're people. You solve godites when rich people choose to control their animals.
 
2022-10-28 12:27:49 PM  
Mark Joseph Stern   @mjs_DC   Oct 19

When a court decision starts with rhetoric like this-a quote about "despotism" and freedom with no obvious bearing on the case at hand-you know it's gonna be light on law and heavy on politics. Especially if it's coming out of the 5th Circuit. https://aboutblaw.com/5mY


Fark user imageView Full Size
 
2022-10-28 12:28:06 PM  

justanotherfarkinfarker: Wait so my pseudo Native American named usury corp is legal again? Sweet round on me (well really on the people who are getting charged an 4000%APR).


Slow your roll there Scott Tucker.

/pretty sure that asshole is just drooling at the agency getting gutted
//I'm not sorry about what happened to his scumbag brother either
///he at least knew more shame than Scott
 
2022-10-28 12:28:08 PM  
So just keep funding them anyway and tell the court to try and claw it back if they can
 
2022-10-28 12:29:24 PM  
I work with the CFPB very regularly so I follow this stuff closely.   This issue has already been decided by the US Supreme court only about 2 years ago in the the PHH Case and concluded the only thing unconstitutional  about the Bureau was the fact that the director could only be removed for cause.  They Made him "at-will" and sent everyone on their way.    (also the CFPB is hardly the only "self-funding" agency in the Fed gov, most of the financial regulators are)

I suspect the 5th circuit  en banc will say exactly that and the SCOTUS will deny cert.    But the 5th is the Trumpiest Circuit in the country and the SCOTUS is anyone's guess right now.


The interesting thing is that  the Payday Lending issue cuts across traditional partisan lines.  Some of the reddest states have some of the strictest restrictions on payday loans/   And the reason why is actually pretty obvious.   Red States tend to be poorer and payday lenders are economic vampires, The take money out of circulation and do nothing to boost consumer spending or the local economy.      a Person who borrows $1,000 for an emergency will not like have the $1,200 two weeks later, so they have to re-up the loan, and pay a $200 origination fee to do it.    At the end of the year you can have paid about $5,200 to the lender and sti;;ll owe them $1,500 for the $1,000 you borrowed,  Even the old mob loan sharks would blush at that
 
2022-10-28 12:31:29 PM  

koder: Court of Appeals for the Fifth Circuit

*Eyeroll*... No worries CFPB, just keep going. Nobody's listening to these hacks nowadays anyway and the overwhelming majority of the country approves of you.


That's more or less what several CFPB attorneys has said to me directly
 
2022-10-28 12:32:33 PM  

jayphat: koder: Court of Appeals for the Fifth Circuit

*Eyeroll*... No worries CFPB, just keep going. Nobody's listening to these hacks nowadays anyway and the overwhelming majority of the country approves of you.

This. Several other federal courts have ruled they are fine. Judge shopping at its finest.


Including the Scotus not two years agp
 
2022-10-28 12:32:37 PM  
Those commercials for pay day loans are hilarious. They're like a class on how to remain poor by mortgaging your life through nickel and dime loans.
Especially the one where the guy gets 500 of his future money and then takes a vacation.
They're predators.
 
2022-10-28 12:37:20 PM  

TheCableGuy: Cfpb actually massively helped me out about ten years ago with removing some heavy-hitting items from my credit report. It's a long story but after cfpb ruled in my favor those items were purged from all three credit bureaus reports within a week.

Some time after that they lost their teeth, is my understanding. It kind of reminds me of BBB, another consumer protection agency which lost its ability to do much of anything aside from act as a non-judgmental arbitrar with no tools to help a slighted consumer.

/ and the home of the free.


Once again, it comes down to has the funds for the law-speaking people. The voting public doesn't seem to give a shiat. No, strike that, they actively seem to want more punishment.
 
2022-10-28 12:37:55 PM  
American Taliban drones: Regulation bad!!!1!1!
American Taliban drones also: y everything so expensive and made in China??? waaaahhhh!
 
2022-10-28 12:40:10 PM  

farkitallletitend: Those commercials for pay day loans are hilarious. They're like a class on how to remain poor by mortgaging your life through nickel and dime loans.
Especially the one where the guy gets 500 of his future money and then takes a vacation.
They're predators.


A $500 vacation? That's like what, a plane ticket and few nights in a cheap hotel, if you don't do anything or spend any money?
 
2022-10-28 12:43:08 PM  
The Fifth Circuit is a goddamn joke and a cesspool of ultra-right wing MAGAt bullsh*t.
 
2022-10-28 12:44:19 PM  
A short time ago a three judge panel of the 5th Circuit ruled on the CFPB.  Has this escalated to the entire 5th circuit en banc if they could all assemble in the same room?

A Night At The Opera: Crowded Cabin Scene
Youtube 8ZvugebaT6Q
 
2022-10-28 12:45:20 PM  

Puglio: A $500 vacation? That's like what, a plane ticket and few nights in a cheap hotel, if you don't do anything or spend any money?


I've done really nice $500 vacations. CC miles and hotel credits. But when you have money you get free money. They're like Sir you're white 800+ credit and have a good income, would you like 100K miles and some free nights? I don't know why poor people don't know this.
 
2022-10-28 12:48:04 PM  

jayphat: koder: Court of Appeals for the Fifth Circuit

*Eyeroll*... No worries CFPB, just keep going. Nobody's listening to these hacks nowadays anyway and the overwhelming majority of the country approves of you.

This. Several other federal courts have ruled they are fine. Judge shopping at its finest.


And we can be very sure the Calvinball Court will agree.
 
2022-10-28 12:51:36 PM  
Tell the 5th circuit to go fark itself and spend the money anyways.

"You and what army" is a fine judicial philosophy
 
2022-10-28 12:51:47 PM  

tnpir: The Fifth Circuit is a goddamn joke and a cesspool of ultra-right wing MAGAt bullsh*t.


And they're apparently willing to destroy the entire economy because....uh...well...
 
2022-10-28 1:00:06 PM  
This will sow the seeds for the next financial crisis if it plays out like the judge ruled.
 
2022-10-28 1:03:41 PM  

emersonbiggins: Imagine, a judicial system going to the mat to protect payday lenders over its citizens.


Imagine, the head of the DNC doing the same!
 
2022-10-28 1:06:43 PM  
Kill an organization that protects the little guys and keep the little guy poor.   Ita the Republican way.
 
2022-10-28 1:11:38 PM  

IRestoreFurniture: emersonbiggins: Imagine, a judicial system going to the mat to protect payday lenders over its citizens.

Imagine, the head of the DNC doing the same!


Yeah, we all watch the news in here, everybody knows that Debbie Wasserman Schulz really sucks.
 
2022-10-28 1:15:21 PM  

Xanlexian: FINALLY I can open a cash checking/payday loan business & charge people 9000% interest compounded hourly.


Be sure to call it something patriotic like "American Freedom from Tyranny Trust". You want to make sure you get the right class of clients.
 
2022-10-28 1:16:44 PM  

Nuc_E: Kill an organization that protects the little guys and keep the little guy poor.   Ita the Republican way.


But make sure that even the little people can easily and quickly purchase a gun.
That's the bit I've never understood.
 
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