CFPB rescinds amendments to the Rules of Practice for Adjudication Proceedings

The Consumer Financial Protection Bureau (CFPB) has officially rescinded amendments made in 2022 and 2023 to its Rules of Practice for Adjudication Proceedings, effective October 29, 2025. The rescinded amendments had centralized significant adjudicative authority in the CFPB Director, such as the power to decide dispositive motions, which industry groups raised as a major concern for due process and fairness.​

Key Changes Rescinded

• The director no longer has sole authority to decide dispositive motions; this power is restored to the hearing officer (typically an administrative law judge).

• Expanded deposition and discovery procedures introduced by the 2022 and 2023 amendments have been rolled back, as well as provisions related to bifurcation of proceedings, content of answers, scheduling conferences, subpoenas, and requirements for issue exhaustion.​

• The CFPB reversed technical changes that concentrated decision-making authority in the director rather than ensuring impartial proceedings.​

Provisions Retained

• Certain clarifications and procedural changes remain, such as simplified computation of deadlines (changing 10-day periods to 14-day periods) and allowing respondents to receive electronic copies of documents.​

• Nomenclature changes clarifying references to “the Bureau,” “the Director,” or specific offices within the CFPB have been preserved to avoid ambiguity.​

Rationale and Impact

• The CFPB acted after receiving public comments, with industry groups generally supporting the rescission due to fairness and due process concerns, while some individuals advocated retaining the amendments for greater transparency.​

• The final rule returns the adjudication process to procedures more consistent with established administrative law and impartial tribunals, reducing potential legal risk for regulated entities and clarifying roles in enforcement actions.​

This shift signals a broader move by the CFPB toward reevaluating its procedural rules in response to regulatory criticism and is part of the agency’s ongoing review of its authority and rulemaking approach.​

The Consumer Financial Protection Bureau (CFPB) has officially rescinded amendments made in 2022 and 2023 to its Rules of Practice for Adjudication Proceedings, effective October 29, 2025. The rescinded amendments had centralized significant adjudicative authority in the CFPB Director, such as the power to decide dispositive motions, which industry groups raised as a major concern for due process and fairness.​

Key Changes Rescinded

• The director no longer has sole authority to decide dispositive motions; this power is restored to the hearing officer (typically an administrative law judge).

• Expanded deposition and discovery procedures introduced by the 2022 and 2023 amendments have been rolled back, as well as provisions related to bifurcation of proceedings, content of answers, scheduling conferences, subpoenas, and requirements for issue exhaustion.​

• The CFPB reversed technical changes that concentrated decision-making authority in the director rather than ensuring impartial proceedings.​

Provisions Retained

• Certain clarifications and procedural changes remain, such as simplified computation of deadlines (changing 10-day periods to 14-day periods) and allowing respondents to receive electronic copies of documents.​

• Nomenclature changes clarifying references to “the Bureau,” “the Director,” or specific offices within the CFPB have been preserved to avoid ambiguity.​

Rationale and Impact

• The CFPB acted after receiving public comments, with industry groups generally supporting the rescission due to fairness and due process concerns, while some individuals advocated retaining the amendments for greater transparency.​

• The final rule returns the adjudication process to procedures more consistent with established administrative law and impartial tribunals, reducing potential legal risk for regulated entities and clarifying roles in enforcement actions.​

This shift signals a broader move by the CFPB toward reevaluating its procedural rules in response to regulatory criticism and is part of the agency’s ongoing review of its authority and rulemaking approach.​

The Consumer Financial Protection Bureau (CFPB) has officially rescinded amendments made in 2022 and 2023 to its Rules of Practice for Adjudication Proceedings, effective October 29, 2025. The rescinded amendments had centralized significant adjudicative authority in the CFPB Director, such as the power to decide dispositive motions, which industry groups raised as a major concern for due process and fairness.​

Key Changes Rescinded

• The director no longer has sole authority to decide dispositive motions; this power is restored to the hearing officer (typically an administrative law judge).

• Expanded deposition and discovery procedures introduced by the 2022 and 2023 amendments have been rolled back, as well as provisions related to bifurcation of proceedings, content of answers, scheduling conferences, subpoenas, and requirements for issue exhaustion.​

• The CFPB reversed technical changes that concentrated decision-making authority in the director rather than ensuring impartial proceedings.​

Provisions Retained

• Certain clarifications and procedural changes remain, such as simplified computation of deadlines (changing 10-day periods to 14-day periods) and allowing respondents to receive electronic copies of documents.​

• Nomenclature changes clarifying references to “the Bureau,” “the Director,” or specific offices within the CFPB have been preserved to avoid ambiguity.​

Rationale and Impact

• The CFPB acted after receiving public comments, with industry groups generally supporting the rescission due to fairness and due process concerns, while some individuals advocated retaining the amendments for greater transparency.​

• The final rule returns the adjudication process to procedures more consistent with established administrative law and impartial tribunals, reducing potential legal risk for regulated entities and clarifying roles in enforcement actions.​

This shift signals a broader move by the CFPB toward reevaluating its procedural rules in response to regulatory criticism and is part of the agency’s ongoing review of its authority and rulemaking approach.​