Global: CFPB Faces Lawsuit Over New Open Banking Rules Amid Industry Pushback

The Consumer Financial Protection Bureau (CFPB) recently introduced new open banking rules that grant consumers the right to instruct their banks to share their financial data with other institutions. According to the CFPB, this rule aims to empower consumers to more easily switch providers, potentially leading to better rates and services. The bureau expects these changes to enhance competition and reduce prices across the payments, credit, and banking markets, while improving customer service.

However, this move has sparked significant opposition from the banking industry, with the Bank Policy Institute (BPI) and the Kentucky Bankers Association (KBA) leading the charge against the new rules. Greg Baer, President and CEO of BPI, expressed concerns about data privacy and security, stating, “BPI supports a competitive marketplace where consumers control how their personal financial data is used and with whom it is shared, so long as their data remains protected. Unfortunately, the CFPB has issued a rule that treats sensitive financial data with as little care as a consumer’s web browsing history. If left unchallenged, technology companies, with minimal oversight, will have access to very sensitive information, such as account balances and spending habits. Banks have a responsibility to protect their customers’ data, and this rule undermines that responsibility, placing consumers at risk.”

The CFPB has attempted to address privacy concerns by emphasizing that third parties will only be permitted to collect, use, or retain data for the specific product the consumer requested. The rules prohibit these third parties from using consumer data for unrelated purposes, such as offering loans based on that data or leveraging it for targeted advertising without consumer consent.

Nevertheless, the BPI and KBA argue that the responsibility for protecting customer data is disproportionately placed on the banks, with minimal oversight or accountability on the part of the CFPB over data recipients. They argue that mandating data sharing without ensuring stringent protections for consumers’ information could undermine existing consumer protection laws.

Ballard W. Cassady, Jr., President and CEO of the Kentucky Bankers Association, voiced his concerns, stating, “The CFPB’s 1033 rulemaking jeopardizes the safety and soundness of our banking system and fails to adequately protect consumer data. We are challenging the CFPB to ensure that banks can continue to safeguard their consumers and maintain the integrity of the financial system in a secure manner.”

The CFPB is facing a wave of legal challenges over its rulemaking powers. Earlier this week, the Fintech Association filed its own lawsuit, contesting the agency’s newly introduced “buy now, pay later” rules. JPMorgan is also reportedly considering legal action over a probe into the misuse of Zelle payments by scammers. These mounting legal battles reflect the growing tensions between regulatory agencies and industry players over the future of financial regulation.