CFPB Hits Undo on Its Own Financial Enforcement Rules
Published Date: 10/29/2025
Rule
Summary
The Consumer Financial Protection Bureau (CFPB) is rolling back some changes it made in 2022 and 2023 to how it runs legal hearings, like depositions and deadlines. These old rules are mostly gone, but a few small clarifications stick around. This update kicks in on October 29, 2025, and affects anyone involved in CFPB legal cases, making the process clearer and smoother without adding new costs.
Analyzed Economic Effects
7 provisions identified: 7 benefits, 0 costs, 0 mixed.
Hearing Officers Decide Dispositive Motions
Starting October 29, 2025, the CFPB rescinds the 2022–2023 amendments that allowed the Director to rule on dispositive motions (motions to dismiss or for summary disposition) and restores the norm that the presiding hearing officer (e.g., an ALJ) decides those motions. If you are a party in a CFPB adjudication, dispositive motions will be decided by the hearing officer rather than the Director.
Discovery Depositions Rescinded
The CFPB rescinds the 2022–2023 amendments that had permitted broader discovery depositions (oral or by written questions) and related subpoena procedures. If you would be a respondent or a third-party recipient of discovery in a CFPB adjudication, those expanded deposition processes and the associated requirements have been removed as of October 29, 2025.
Scheduling Conference Disclosure Rules Removed
The CFPB rescinds the 2022–2023 additions to Sec. 1081.203 that required new scheduling-conference disclosures and procedures to correct or update them. Parties in CFPB adjudications no longer have the additional scheduling-conference disclosure requirements added by the 2022–2023 amendments, effective October 29, 2025.
Bifurcation Authority Removed
The CFPB rescinds the 2022–2023 amendment (Sec. 1081.204(c)) that had authorized the Director to order bifurcation of proceedings into multiple stages. As of October 29, 2025, the Director no longer has that express authority to bifurcate proceedings under that amendment.
Issue-Exhaustion Requirement Rescinded
The CFPB rescinds the 2022–2023 addition of Sec. 1081.408 that would have required parties to raise arguments before the hearing officer and the Director or forfeit them on later review. Effective October 29, 2025, the explicit issue-exhaustion rule added in 2022–2023 is removed.
Deadlines Simplified — 14-Day Computation Kept
The CFPB retains the 2022–2023 change to Rule 1081.114 that simplifies how time limits are computed and keeps conforming adjustments that change many 10-day periods to 14-day periods. Parties in adjudications will use the clarified deadline computation method and the 14-day periods retained by the Bureau.
Electronic Document Delivery Allowed
The CFPB retains amendments to Sec. 1081.206 allowing the Bureau to provide electronic copies of documents to respondents instead of requiring in-person inspection and copying. If you are a respondent in a CFPB adjudication, you may receive electronic document copies, which the CFPB says reduces time and travel costs.
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