Get out your pen! Write comments to CFPB!

The Consumer Financial Protection Board (CFPB) is considering rule changes that might negatively impact consumers. Unless a substantial number of consumers write in with specific comments, there will be further dilution of both the authority of the CFPB and its enforcement of even the most basic aspects of consumer protection.

To register your comment go to

Write a comment to CFPB

Here’s what I wrote:

CFPB rules should use accounting rules as promulgated by the Financial Accounting Standards Board and the American Institute of Certified Public Accountants.

Specifically I refer to two things. (1) Collection of money as revenue is not the collection of a debt which is an asset and (2) debt collectors and putative creditors must be required to provide proof that they are the owner of the debt, to wit: that they have the subject debt reported on their financial statements as an asset and that they have acquired the debt through payment of money or other consideration.

Parties seeking money by self-describing as debt-collectors should be barred from doing so and should incur substantial liability if they are seeking revenue instead of debt collection. If any party seeks to collect money or force the sale of property to obtain money for the sole purpose of generating revenue the CFPB should impose sanctions.

Any party seeking or threatening to foreclose on property pursuant to a security instrument (mortgage or deed of trust) must establish that the security instrument is (a) still legally existent (e.g., not subject to TILA Rescission) and (b) that such claiming party has paid value for the debt and currently owns the debt as its own asset — or, provide proof that it’s acting under specific identified authority from a specific identified third party who has paid value for the debt and currently owns the debt as its own asset.

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