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Annual Report 2012 - ffiec

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24<br />

Consumer Financial<br />

Protection Bureau<br />

The Consumer Financial Protection<br />

Bureau (CFPB) was created in<br />

2010 by the Dodd-Frank Act and<br />

assumed transferred authorities<br />

from other federal agencies, and<br />

other new authorities, on July 21,<br />

2011. The CFPB is an independent<br />

agency and is funded principally<br />

by transfers from the FRB up to a<br />

limit set forth in the statute. The<br />

CFPB requests transfers from the<br />

Board in amounts that are reasonably<br />

necessary to carry out its mission.<br />

Funding is capped at a preset<br />

percentage of the total 2009<br />

operating expenses of the Federal<br />

Reserve System, subject to an<br />

annual adjustment. The Director<br />

of the CFPB serves on the FDIC<br />

Board of Directors and the Financial<br />

Stability Oversight Council.<br />

The CFPB seeks to foster a consumer<br />

financial marketplace<br />

where customers can clearly see<br />

prices and risks up front and can<br />

easily make product comparisons;<br />

in which no one can build a business<br />

model around unfair, deceptive,<br />

or abusive practices; and that<br />

works for American consumers,<br />

responsible providers, and the<br />

economy as a whole. To accomplish<br />

this, the CFPB works to help<br />

consumer financial markets operate<br />

by making rules more effective,<br />

by consistently and fairly<br />

enforcing those rules, and by<br />

empowering consumers to take<br />

more control over their economic<br />

lives.<br />

The Dodd-Frank Act sets forth the<br />

following functions for the CFPB:<br />

• conducting financial education<br />

programs;<br />

• collecting, investigating, and<br />

responding to consumer<br />

complaints;<br />

• collecting, researching, monitoring,<br />

and publishing informa-<br />

tion relevant to the identification<br />

of risks to consumers and<br />

the proper functioning of financial<br />

markets;<br />

• issuing rules, orders, and guidance<br />

implementing federal consumer<br />

financial laws;<br />

• taking appropriate enforcement<br />

action to address violations<br />

of federal consumer financial<br />

laws; and<br />

• supervising covered entities<br />

to assess compliance with federal<br />

consumer financial laws<br />

and detect financial risks to<br />

consumers.<br />

The CFPB has statutory authority<br />

to conduct examinations to<br />

ensure that consumer financial<br />

products and services conform to<br />

certain federal consumer financial<br />

laws, and for related purposes.<br />

The CFPB’s supervision program<br />

oversees:<br />

• Insured depository entities with<br />

total assets over $10 billion and<br />

their affiliates. These institutions<br />

collectively hold more<br />

than 80 percent of the banking<br />

industry’s assets.<br />

• Certain nondepository entities<br />

regardless of size—mortgage<br />

companies (originators,<br />

brokers, and servicers, as well<br />

as related loan modification<br />

or foreclosure relief services<br />

firms), payday lenders, and<br />

private education lenders. The<br />

CFPB can also supervise the<br />

larger players, or “larger participants,”<br />

as defined by rule,<br />

in consumer financial markets,<br />

and certain nondepository entities<br />

that it determines are posing<br />

a risk to consumers in connection<br />

with the offering or<br />

provision of consumer financial<br />

products or services. In <strong>2012</strong>,<br />

the CFPB began identifying<br />

other markets in which it will<br />

supervise the larger partici-

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