- ConsumersMaintains CFPB guidance protecting consumers from unlawful or unenforceable contract provisions.
- Federal agenciesPreserves a federal standard that may reduce inconsistent state-by-state enforcement outcomes.
- Federal agenciesSupports continued agency enforcement against allegedly abusive contract clauses, potentially benefiting vulnerable con…
Disapprove CFPB Withdrawal of Circular 2024-03
Referred to the House Committee on Financial Services.
This resolution uses the Congressional Review Act to overturn an action taken by a federal agency. It specifically targets the CFPB rule that would have withdrawn a prior agency circular. If the joint resolution becomes law, the withdrawn-by rule is treated as having no force and effect and the agency is barred from issuing a substantially similar rule without new authorization from Congress.
The rule submitted by the Bureau of Consumer Financial Protection that would withdraw Consumer Financial Protection Circular 2024-03: Unlawful and Unenforceable Contract Terms and Conditions (90 Fed. Reg. 20084 (May 12, 2025)).
Bureau of Consumer Financial Protection (CFPB)
Under the Congressional Review Act, such disapproval resolutions need simple majorities in both chambers and presentment to the President; in the Senate they are considered under expedited procedures and are not subject to a filibuster. If signed by the President the rule is nullified; a presidential veto could be overridden only by the usual two-thirds votes.
This joint resolution uses the Congressional Review Act to disapprove a Bureau of Consumer Financial Protection (CFPB) rule that would withdraw Consumer Financial Protection Circular 2024–03, titled “Unlawful and Unenforceable Contract Terms and Conditions.” If enacted, the resolution would nullify the CFPB’s withdrawal rule (90 Fed.
Reg. 20084 (May 12, 2025)), leaving the original circular (89 Fed.
Reg. 51955 (June 21, 2024)) in effect.
Substantively narrow and low-cost but ideologically framed; outcome hinges on congressional alignment and executive response.
Relative to its intended legislative type, this bill is a narrowly targeted Congressional Review Act disapproval that clearly identifies the specific agency action and invokes the correct statutory vehicle. It provides the minimal, customary textual elements needed to nullify the named rule.
Progressives emphasize consumer-protection importance
Who stands to gain, and who may push back.
- Targeted stakeholdersKeeps guidance critics say increases litigation risk and compliance costs for businesses and financial institutions.
- Targeted stakeholdersLimits the Bureau's flexibility to revise or withdraw guidance in response to legal or market changes.
- Small businessesMay impose disproportionate compliance burdens on small lenders and small businesses.
Why the argument around this bill splits.
Progressives emphasize consumer-protection importance
Likely to support the resolution because it prevents rollback of agency guidance addressing unlawful contract terms.
Views the circular as a consumer-protection tool and opposes undoing it by agency action.
Cautiously supportive if the circular delivers net consumer benefits without large, unexamined costs.
Wants clearer cost-benefit analysis and minimized legal uncertainty before strong endorsement.
Likely to oppose the resolution because it blocks the CFPB's action to withdraw guidance.
Views the circular as regulatory overreach that limits contractual freedom and imposes compliance costs.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Substantively narrow and low-cost but ideologically framed; outcome hinges on congressional alignment and executive response.
- Whether both chambers contain a majority favoring disapproval
- Whether the President would sign or veto the resolution
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Progressives emphasize consumer-protection importance
Substantively narrow and low-cost but ideologically framed; outcome hinges on congressional alignment and executive response.
Relative to its intended legislative type, this bill is a narrowly targeted Congressional Review Act disapproval that clearly identifies the specific agency action and invokes the correct statutory vehicle. It provides…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.