Senate Democrats have called on President Trump to reopen the Consumer Financial Protection Bureau (CFPB) immediately if his administration is to have any hope of resolving the debanking epidemic that it claims to oppose.
Last week, Senator Elizabeth Warren (D-MA) wrote an聽 to the President, in which she said that suspending the CFPB鈥檚 work will 鈥渙nly impede鈥 the White House鈥檚 efforts to tackle unfair debanking.
鈥淭his freeze conflicts with the administration鈥檚 stated goal of preventing debanking and lowering costs for American families,鈥 she said.
鈥淢ore Americans across the country will unfairly lose access to deposit accounts as a result.鈥
Warren, who is also the leading Democrat on the Senate Banking Committee, said the CFPB is currently the 鈥渕ain agency鈥 within the US government that is 鈥渨orking to stop unfair debanking鈥.
She also noted that, in an executive order issued last month, President Trump had underscored the importance of protecting and promoting 鈥渇air and open access to banking services for all law-abiding citizens and private-sector entities鈥.
Last week, as covered by 91天堂原創, Trump鈥檚 new acting director of the CFPB, Scott Bessent, shut down all of the agency鈥檚 current operations on his first day in the new post.
Bessent, who is also serving as Trump鈥檚 secretary to the Secretary, provided little explanation for the move, and did not indicate whether it is part of a permanent shutdown plan.
In an email to CFPB staff and contractors, Bessent said only that the CFPB鈥檚 work has been suspended "to promote consistency with the goals of the administration鈥.
CFPB鈥檚 rulemakings cast aside
Warren said that Bessent鈥檚 鈥渦nfortunate鈥 decision undermines much of the progress that the CFPB has already made in working towards new rules and regulations that will tackle debanking.
For example, she listed five rules and proposed rules that she believes will be essential to deter financial institutions from arbitrarily and unfairly denying or closing accounts:
How widespread is unfair debanking?
On Wednesday (February 5), the Senate Banking Committee met for a聽 to investigate the 鈥渞eal impacts鈥 of debanking on US consumers and businesses.
Addressing the committee, Warren said her staff had accessed the CFPB鈥檚 complaints database, and had identified almost 12,000 complaints made by persons who were unable to open accounts or who had their accounts closed.
All of the complaints were filed within the past three years, and more than half were filed against just four banks: Bank of America; J.P. Morgan Chase; Wells Fargo; and Citigroup.
Warren鈥檚 Democratic colleagues, including Senator Catherine Cortez Masto (D-NV), said the real number of debanking cases is in the 鈥渢ens of millions鈥, but that most of these do not result in official complaints.
Minority members of the committee also agreed that customer blacklisting due to repeated use of overdrafts is the largest source of debanking cases by far.
According to Warren鈥檚 staff, recurring themes in the complaints included no warning, no explanation and no chance to appeal or dispute a debanking decision.
鈥淒onald Trump was on to a real problem when he criticised Bank of America for its debanking practices,鈥 Warren told the committee.
鈥淏anks may be taking shortcuts when it comes to assessing risks rather than investing the time and the resources to identify true criminal risks and shutting down those accounts.
鈥淏ig banks are relying on blackbox algorithms and middlemen companies, and shutting down accounts without doing careful due diligence.鈥
Although the CFPB is a 鈥渇avourite whipping boy鈥 of the Republicans on the committee, Warren said it is the only agency that is currently working towards preventing these abuses.
Anchorage Digital 鈥 the bank that got debanked
Invited as a witness to the committee hearing was Nathan McCauley, co-founder and CEO of Anchorage Digital, an institutional crypto platform that is also the first and only federally chartered crypto bank.
McCauley said he had joined the hearing to tell the story of something he "could not have imagined鈥 鈥 the story of being shut out of the federal banking system despite being a federally chartered bank.
Since January 2021, Anchorage had held a corporate account at an unnamed bank, which it used to hold client fees from its custody and other services, as well as payroll and other expenses.
In June 2023, Anchorage received an email from the bank saying it would be closing the account in 30 days due to concerns about Anchorage鈥檚 crypto clients and their transactions.
鈥淣eedless to say, I was shocked,鈥 said McCauley. 鈥淲e had had a positive relationship with the bank for nearly two and a half years, and not once had they raised any issues with our account.鈥
Following the closure of the account, Anchorage then faced 鈥渆xtreme difficulty鈥 finding a replacement bank. It approached more than 40 banks and was rejected by all of them.
Many of these banks said they had a blanket policy of not banking crypto clients, referring to warnings against doing so that they had received from the Federal Reserve, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC).
Ultimately, Anchorage had to cut 20 percent of its staff, and clients who are customers of the Anchorage bank are still unable to send wire transfers via the bank.
鈥淐ongress is right to investigate what happened to us and our peers across the industry, and to protect and promote fair and open access to bank services for all law-abiding citizens,鈥 said McCauley.
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