RIGHTS at the CFPB Act of 2016

Reigning In of Governmental Hostility To Sovereignty at the CFPB Act of 2016 or the RIGHTS at the CFPB Act of 2016

This bill amends the Consumer Financial Protection Act of 2010 to authorize any person who is a party to an adjudicative administrative proceeding brought by the Consumer Financial Protection Bureau (CFPB), and against whom an order imposing a cease and desist order or a penalty may be issued at the proceeding's conclusion, to require the CFPB to terminate the proceeding. The termination request must be made within 20 days after the person receives notice of the proceeding.

If such a person does require the CFPB to terminate a proceeding, the CFPB may still bring a civil action against the person for the same remedy that might be imposed.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5521 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5521

  To amend the Consumer Financial Protection Act of 2010 to authorize 
private parties to compel the Bureau to seek sanctions by filing civil 
                    actions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2016

  Mr. Messer introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
  To amend the Consumer Financial Protection Act of 2010 to authorize 
private parties to compel the Bureau to seek sanctions by filing civil 
                    actions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reigning In of Governmental 
Hostility To Sovereignty at the CFPB Act of 2016'' or the ``RIGHTS at 
the CFPB Act of 2016''.

SEC. 2. PRIVATE PARTIES AUTHORIZED TO COMPEL THE BUREAU TO SEEK 
              SANCTIONS BY FILING CIVIL ACTIONS; ADJUDICATIONS DEEMED 
              ACTIONS.

    Section 1053 of the Consumer Financial Protection Act of 2010 (12 
U.S.C. 5563) is amended by adding at the end the following:
    ``(f) Private Parties Authorized To Compel the Bureau To Seek 
Sanctions by Filing Civil Actions.--
            ``(1) Termination of administrative proceeding.--In the 
        case of any person who is a party to a proceeding brought by 
        the Bureau under this section, to which chapter 5 of title 5, 
        United States Code, applies, and against whom an order imposing 
        a cease and desist order or a penalty may be issued at the 
        conclusion of the proceeding, that person may, not later than 
        20 days after receiving notice of such proceeding, and at that 
        person's discretion, require the Bureau to terminate the 
        proceeding.
            ``(2) Civil action authorized.--If a person requires the 
        Bureau to terminate a proceeding pursuant to paragraph (1), the 
        Bureau may bring a civil action against that person for the 
        same remedy that might be imposed.
    ``(g) Adjudications Deemed Actions.--Any administrative 
adjudication commenced under this section shall be deemed an `action' 
for purposes of section 1054(g).''.
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