The Consumer Financial Protection Bureau (CFPB) withdrew a regulatory proposal that could have unfairly applied restrictions in the Fair Credit Reporting Act (FCRA) to the work of many insights professionals. It would have been a misguided legal end-run around Congress to create a federal privacy law.
- Our industry wins with the demise of proposed CFPB rules, which would have expanded FCRA to restrict most insights work.
On May 15, 2025, the CFPB announced the withdrawal of the rules (which had initially been proposed on December 13, 2024).
Clearly taking to heart points raised by our Privacy for America coalition on April 2, the CFPB agreed with commenters who had “raised concerns related to the proposed rule's propriety under the plain text of the FCRA, and there were similar questions as to the Bureau's statutory authority to issue many of the proposals.”
The CFPB rules would have completely redefined the meanings of a “consumer report” and “consumer reporting agency” in FCRA, such that a good portion of data in the insights marketplace would be restricted as a “consumer report” and many insights companies would be redefined as “consumer reporting agencies” subject to the restrictions of FCRA.
Privacy for America’s comments noted our agreement that “the use of consumer data across the economy, for purposes outside of the scope of the FCRA’s “permissible purposes,” is an area ripe for federal action to help protect consumers and encourage innovation. However, the type of comprehensive and preemptive federal standard that would achieve the right balance for consumer privacy must be passed by Congress. The CFPB should not use a circumscribed statute like the FCRA to circumvent Congress. The CFPB’s proposed use of the FCRA to regulate the use of all consumer data across the economy is inappropriate, would create more harm than good for consumers, and is wholly outside of the scope of authority the FCRA confers upon the agency.”
Privacy for America concluded its comments by noting that, “Such a drastic expansion of the FCRA—executed without authority from Congress—exceeds the CFPB’s authority to regulate, confronts a “major question” that should be left to Congress, and would harm consumers, the economy, and small businesses by hindering data services companies’ practices that provide valuable and desired offerings to the marketplace.”
About the Author
Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS).
Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers.
Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS.
He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals.
Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC).
When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.