CFPB and DOJ Partner to Fight Financial Misconduct and Antitrust Issues

In an announcement from earlier this spring, Rohit Chopra, Director of the Consumer Financial Protection Bureau (CFPB), revealed a closer collaboration between the CFPB and the Department of Justice (DOJ). The cooperative effort is designed to tackle financial misconduct incidents that include antitrust issues and criminal conduct in the financial sector. Payments Dive supplied details about the initiative. 

Cracking Down on Wall Street: New Partnership Strengthens Consumer Protection and Competition 

The CFPB/DOJ partnership aims to enhance the enforcement of laws that protect consumers and ensure fair competition in the marketplace. It is a multiagency initiative that includes the: 

• Consumer Financial Protection Bureau (CFPB): Established to ensure that consumers are treated fairly by banks, lenders, and other financial institutions. It oversees financial products and services, ensuring they are transparent and fair. 
• Department of Justice (DOJ): A federal executive department responsible for enforcing the law and administering justice. Within the DOJ, the Antitrust Division focuses on preventing and prosecuting anti-competitive behavior. 
• Federal Trade Commission (FTC): An independent agency that aims to protect consumers and promote competition. It enforces antitrust laws alongside the DOJ. 

CFPB and DOJ Tackle Antitrust and Consumer Protection Together 

Director Chopra highlighted a new agreement signed last year between the CFPB and the DOJ’s Antitrust Division. Under this agreement, the CFPB will refer cases of potentially criminal conduct, including anti-competitive practices, to the DOJ for further action. 

This partnership is expected to streamline the process of identifying and addressing violations of antitrust laws and consumer protection statutes. 

Proactive Measures Against Anti-Competitive Practices 

The collaboration between the CFPB and the DOJ is part of a broader effort to crack down on anti-competitive behavior in the banking sector. Director Chopra emphasized the importance of rigor and analysis in evaluating banking mergers, moving away from the assumption that bigger is always better. 

The goal is to deter anti-competitive mergers and acquisitions before they are even proposed, ensuring a more competitive and fair market for consumers. 

Capital One’s Acquisition of Discover Raises Scrutiny 

While Director Chopra did not explicitly mention it, the proposed $35.3 billion acquisition of Discover Financial Services by Capital One is a prime example of the kind of deal that might attract scrutiny under the enhanced collaboration. This merger, which would create the largest U.S. credit card issuer, is likely to be closely examined for its potential impact on competition and consumer choice. 

The Future of Finance: Promoting Competition and Protecting Consumers 

The strengthened partnership between the CFPB and the DOJ — along with the involvement of the FTC — signifies a concerted effort to uphold the principles of fair competition and consumer protection. 

By using a combination of rules and enforcement, these agencies aim to foster a financial marketplace that is both competitive and fair, ensuring that consumers are not disadvantaged by anti-competitive practices or criminal conduct in the banking industry. 

For complete details on this focused effort to counter financial misconduct industrywide, see the original story on Payments Dive.