On Apr. 26, MBA submitted comments on the Consumer Financial Protection Bureau’s Request for Information on Civil Investigative Demands. MBA’s comments communicated many of the industry’s concerns with the CID process. In addition to offering comments related to the CID process, MBA reiterated its support for a broad reexamination of Bureau practices as detailed in MBA’s CFPB 2.0: Advancing Consumer Protection white paper.
CIDs are used by the Bureau to request information that may be relevant to a potential violation of consumer financial protection law. Responding to a CID is a very burdensome process that can involve significant resources and reputational harm. The letter describes aspects of the current CID process that are unfair, including the overly broad notification of purpose statements, the low threshold of initiating an investigation, the inadequate CID challenge process, and the unrealistic timelines. These and other aspects of the current CID process contribute to an imbalance between the Bureau and CID recipient that’s contrary to due process protections. The comment letter offers suggestions to correct this imbalance in a way that recognizes the costs and reputational risks to CID recipients.