Vaishali Rao Reviews Operational Lessons Provided by the CFPB's Application of the 'Abusive' Acts Prohibition under Dodd-Frank
In The News | 1 min read
Jul 30, 2019
In a Law360 Expert Analysis, Hinshaw partner Vaishali Rao reviews practical lessons offered by the Consumer Financial Protection Bureau's handling of the Dodd-Frank Act's prohibition on 'abusive' acts or practices. In particular, Rao reviews a recent CFPB symposium of legal experts and practitioners, which considered the bureau's application of the abusive standard over the course of its close to 10-year existence.
Rao provides nine key takeaways from the symposium discussion, relevant for businesses that offer a financial product or service.
- No one agrees on how 'abusive' should be used, but one simple test (the "Grandma" test) still exists
- What consumers understand about your product or service matters
- A product's profits should not be dependent on a loophole
- Offering a product to consumers who need quick access to money or credit increases exposure to an abusive claim
- If you are litigating an abusive claim against the CFPB, you are in it past the pleading stage
- The bureau may issue guidance on the parameters of 'abusive'
- The future of abusive claims may relate to data, privacy or tech
- When unsure, consider testing the waters with a functional regulator
- Determining the appropriate balance of risk to reward requires judgment
Read the full article (PDF)
"What Does 'Abusive' Really Mean Under Dodd-Frank?" was published by Law360, July 25, 2019
Related People
Related Capabilities
Featured Insights

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case

Press Release
Aug 21, 2025
102 Hinshaw Lawyers Recognized in 2026 Editions of The Best Lawyers in America® and Ones to Watch™





