CBA, FSR Comments on Administrative Adjudication RFI

May 7, 2018

WASHINGTON – The Consumer Bankers Association (CBA) and Financial Services Roundtable (FSR) today submitted comments to the Bureau of Consumer Financial Protection’s request for information on administrative adjudications. The comments stressed the importance of expeditious resolution and urged the Bureau to look to the Federal Rules of Civil Procedure (FRCP) and the Federal Rules of Evidence (FRE) as benchmarks for specific timelines, breadth of relevant discovery and other procedural standards.

“Aligning the Bureau’s rules on administrative adjudications with existing and well-defined federal guidelines would provide clarity regarding the manner in which these proceedings are organized,” said Steve Zeisel, CBA Executive Vice President and General Counsel. “It would offer the proceedings additional legitimacy by adhering to recognized standards and provide the ability for regulated institutions to appropriately respond to potential charges, benefitting consumers and the industry.”

“The accelerated and arbitrary procedures of the Bureau’s administrative adjudication proceedings should be revised to mirror the Federal Rules of Civil Procedure & Federal Rules of Evidence, such that the Bureau ensures fairness to all, including institutions that provide financial services and products to consumers,” said Rich Foster, FSR SVP and Senior Counsel for Regulatory & Legal Affairs.

The suggested changes outlined in the letter urged the Bureau to amend the rules to:

  • Provide respondents with more time to prepare a response to a notice of charges;
  • Provide respondents with sufficient time to adequately investigate and prepare a well-informed submission;
  • Amend the “affirmative disclosure” process for discovery’
  • Withdraw its policy of disfavoring the granting of requests for extensions to file responses;
  • Produce documents in electronic form to respondents in the first instance at the Bureau’s expense; and,
  • Amend the rules to provide respondents with more expansive discovery.


About the Consumer Bankers Association

The Consumer Bankers Association represents America’s retail banks above $10 billion in assets. We advance legislation and promote policies geared toward creating a stronger industry and economy. Established in 1919, CBA’s corporate member institutions account for 1.6 million jobs in America, extend roughly $3 trillion in consumer loans, and provide $270 billion in small business loans. Follow us on Twitter @consumerbankers.