Abusive: Dodd-Frank Section 1031 and the Continuing Struggle To Protect Consumers

(Excerpt)This Note first contextualizes the need for Section 1031 by examining the roots and shortcomings of existing consumer protection law embodied in unfairness, deception, and unconscionability doctrines. Part II chronicles the enactment of Section 1031, paying close attention to the Administration's proposed definitions for unfair, deceptive, and abusive practices, and Congress's replies. Part III applies the enacted definition of "abusive" to several widespread practices in the consumer credit market, and urges the CFPB to adopt a broad interpretation of the term as consistent with Congress's longstanding intent to protect consumers.