InfoSight Spotlight: CFPB policy changes on CID
The Consumer Financial Protection Bureau recently announced changes to its policies regarding Civil Investigative Demands to ensure they provide more information about the potentially wrongful conduct under investigation.
Bureau-issued CIDs will provide more information about the potentially applicable provisions of law that may have been violated. CIDs will also typically specify the business activities subject to the bureau’s authority. In investigations where determining the extent of the bureau’s authority over the relevant activity is one of the significant purposes of the investigation, staff may specifically include that issue in the CID in the interests of further transparency.
The bureau said the new policy takes into account recent court decisions about notifications of purpose, and is consistent with a 2017 report by the CFPB Office of Inspector General that emphasized the importance of updating Office of Enforcement policies to reflect such developments. The new policy is also consistent with comments the bureau received in response to the Requests for Information it issued in 2018, seeking feedback about various aspects of its operations, including its use of CIDs in enforcement investigations.
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