CFPB Proposes Limiting Its Nonbank Lender Supervision

The Consumer Financial Protection Bureau (CFPB) has issued a proposed rule that could reshape how it asserts supervisory authority over nonbank mortgage lenders and other financial firms.

Published in the Federal Register on Aug. 25, the rule seeks to establish a binding definition of what it means for a company to pose “risks to consumers” under Section 1024(a)(1)(C) of the Consumer Financial Protection Act of 2010. That provision allows the bureau to bring nonbanks under direct supervision — if their conduct threatens consumers in the course of offering or providing financial products and services.

Up to now, the CFPB has made those determinations case by case, issuing orders without a formal rule. According to the agency, that ad hoc approach creates three problems: inconsistent standards, uncertainty for companies, and the risk of straying from the statute’s intended scope.

The proposed rule would lock in a narrower, more predictable standard. Specifically, the CFPB says it will only designate nonbanks for supervision if their conduct:

• Presents a high likelihood of significant harm to consumers, and
• Is directly connected to the offering or provision of a consumer financial product or service as defined by law.

In effect, the CFPB is signaling it will focus its supervisory resources on serious, clearly relevant risks — not minor or speculative harms.

For nonbank mortgage lenders, this change could cut both ways. On one hand, it may reduce uncertainty by setting a higher bar for when the CFPB can step in. On the other, once conduct meets that threshold, the bureau will have a strong, formalized standard to rely on when asserting jurisdiction. ​​​​​​The outcome of the rulemaking will determine how far the CFPB’s supervisory reach extends into the nonbank mortgage market.

The CFPB is requesting public comment on all aspects of the proposal, including whether “risks to consumers” should be limited to potential violations of law. If finalized, the rule would take effect 30 days after publication — unless classified as a “major rule,” in which case it would take effect after 60 days.