June 06, 2016
The Likely Survival of the Payday Lending Rule
Posted by David Zaring

Over at DealBook, I try to forecast the most likely prominent challenges to the Consumer Financial Protection Bureau's Payday Lending Rule.  Here's the start:

The new payday lending rule, once complete, will force many payday lenders out of business. That means that a legal challenge is certain, and also the courts, which worry about regulations that require bankruptcies, will take it seriously.

That is good news for challengers of the rule. The bad news is that their claims will probably fail.

Payday lenders will challenge the authority of the Consumer Financial Protection Bureau to issue the rule, the cost-benefit analysis behind the rule and the constitutionality of the consumer agency itself.

When they fail, we will know that we have a new and powerful financial regulator, one that can touch not just banks but any source of credit, including credit cards, payday lenders and other informal ways to get money.

Go give it a look!

Administrative Law, Finance, Financial Institutions | Bookmark

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