Until abolished: Treasury-bound penalties, repeal §1071, APA-only enforcement, court election, define UDAAP
Until abolition, Congress should send unused civil penalties to Treasury (not Director-dispensed programs), repeal Dodd-Frank §1071 small-business lending data rules, bar enforcement not based on APA rulemaking, let respondents choose Article III courts, and specify the meaning of deceptive/unfair/abusive practices.
Mandate
Mandate Ch. 27 (Financial Regulatory Agencies) — CFPB: until abolition, Congress should ensure civil penalty funds not used to recompense wronged consumers go to Treasury (not retained for Director to dispense to political actors); repeal Dodd–Frank Section 1071 (small business data collection); require that no CFPB funds are spent on enforcement actions not based on APA-compliant rulemaking; allow respondents in administrative actions to elect Article III federal court; specify the nature of deceptive, unfair, and abusive practices to define CFPB mission more precisely.
Undo plan
1) Keep §1071 small-business lending data collection for fair-lending analysis; refine burden rather than repeal.
2) Allow enforcement of clear statutory UDAAP violations and regulations—not only post-APA rules that freeze the statute.
3) Support Article III election rights and Treasury remittance of uncompensated penalties.
4) Define abusive/unfair with notice-and-comment without neutering consumer protection.
5) Verify: §1071 rule status; administrative-vs-court election usage; Civil Penalty Fund recipient transparency.