On January 24, 2020, the Consumer Financial Protection Bureau (CFPB) issued a Policy Statement regarding the statutory “abusiveness standard”1 in its supervision and enforcement matters. In the Supplementary Information accompanying the Policy Statement, the CFPB states it “has concluded that there is uncertainty as to the scope and meaning of the abusiveness standard …” and that “[i]n light of this uncertainty, [it] has decided to provide greater clarity on how [it] plans to implement and apply the abusiveness standard in its supervisory and enforcement work.” The CFPB also states in the Supplementary Information that the Policy Statement does not foreclose the possibility of future rulemaking by the CFPB to further define the abusiveness standard.


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