When it comes to financial crimes, mainstream media often shines a bright spotlight on small-time thieves rather than on the corporate giants committing far more damaging offenses. Discussions about “repeat offenders” and “recidivism” usually bring to mind images of violent criminals, yet corporate crime—often considered just a cost of doing business—can cause devastating harm to countless Americans. Fortunately, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) are turning the focus to these corporate bad actors.

Yesterday, the CFPB finalized a rule to establish a corporate offender registry. This new registry aims to detect and deter companies that have violated consumer laws and are subject to government or court orders. The organization’s primary goal is to identify repeat offenders and track recidivism trends, thereby stopping companies from treating penalties for illegal activities as merely the cost of doing business. This initiative is a significant step towards holding lawbreaking companies accountable and curbing corporate recidivism.

When a financial company breaks the law, enforcement actions are typically taken, leading to orders from courts or agencies. While these orders are publicly available, they are not systematically tracked, making it easy for companies to restart fraudulent schemes or other illegal activities. The CFPB’s new registry will bring these bad actors into the spotlight, providing a comprehensive tracking system that will aid state attorneys general, regulators, and other law enforcement agencies. This tool will be invaluable for investors, creditors, business partners, and the general public who are conducting due diligence or research on financial firms bound by law enforcement orders.

The 2008 financial crisis exposed glaring weaknesses in the oversight of nonbank financial companies. These entities often face inconsistent oversight, making it difficult for regulators to identify and address risks to consumers. Congress has made several moves to increase transparency and oversight in this sector, such as the SAFE Act of 2008, which requires mortgage loan originators to be registered and licensed. However, many other types of financial firms remain unlicensed or unregistered.

In response, Congress granted the newly created CFPB the authority to register nonbank entities under the Consumer Financial Protection Act. This authority supports the CFPB’s mission to monitor risks posed by nonbanks to consumers, supplementing existing registries by covering entities not subject to other types of state and federal oversight. The new rule requires nonbank companies to register with the CFPB when they have violated consumer law, report certain final agency and court orders, and provide attestation from senior executives confirming compliance with these orders. This registration requirement will be gradually phased in.

The establishment of the Repeat Offender Unit by the CFPB further underscores its commitment to reining in corporate recidivism. This unit is responsible for designing and executing comprehensive oversight of companies subject to CFPB law enforcement orders. By focusing on the activities of repeat offenders, identifying the root causes of recurring violations, and recommending effective solutions, the unit aims to ensure that companies and their senior management do not treat these orders as mere suggestions.

This enforcement program has already made significant strides, bringing multiple actions against recidivist debt collectors, mortgage lenders, payday lenders, and credit reporting companies. By establishing a robust framework to monitor and penalize corporate offenders, the CFPB ensures that the financial well-being of consumers is safeguarded.

For consumers, this new registry brings several tangible benefits. It offers a centralized and comprehensive source of information, making it easier to identify companies with a history of violating consumer laws. This transparency can empower consumers to make informed decisions about the financial firms they choose to engage with. Moreover, by holding corporations accountable for their actions, the CFPB’s initiative aims to create a fairer marketplace where companies are incentivized to comply with the law.

The registry can also serve as a deterrent against future violations. Knowing that their actions will be tracked and that significant penalties await repeat offenders, companies will likely be more cautious in their dealings. This proactive approach can help prevent the recurrence of fraudulent schemes and other illegal activities that harm consumers.

The new rule also provides a valuable resource for other stakeholders, such as state attorneys general and regulators, who can use the registry to identify trends and coordinate enforcement actions. By facilitating better communication and collaboration among various enforcement agencies, the CFPB’s initiative can enhance the overall effectiveness of consumer protection efforts.

The CFPB’s new corporate repeat offender registry marks a significant step forward in the fight against corporate crime. By shining a spotlight on companies with a history of violating consumer laws and holding them accountable, the CFPB is working to create a safer and fairer marketplace for all Americans. As the registry takes effect and more companies are held accountable, consumers can look forward to a future where their financial interests are better protected.