CFPB downfall has bankers questioning the agency's future

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Coming up on one month in office, President Donald Trump has made quick work of the banking system through new regulatory appointments and legislative moves that seek to unwind many Biden-era policies. Executives juggling one change after the next are left wondering when the dust will settle.

Big questions such as who would take top billing at the Consumer Financial Protection Bureau have begun to come into focus, as Former Treasury Secretary Scott Bessent was named acting director by Trump following the Feb. 1 dismissal of former CFPB Director Rohit Chopra, who led the agency for more than three years.

Bessent wasted no time halting all CFPB operations, rules and enforcement actions following his appointment, which in a staff memo obtained by American Banker included suspending "the effective dates of all final rules that have been issued or published but that have not yet become effective" and "not to make or approve filings or appearances by the Bureau in any litigation, other than to seek a pause in proceedings."

Most recently, Office of Management and Budget Director Russell Vought has succeeded Bessent as acting CFPB director. Vought has followed in the footsteps of his temporary predecessor by upholding the stoppage of all CFPB operations and telling employees via email to "stand down from performing any work task."

Read more: CFPB workers told to 'stand down,' stop all work

In the background of the governmental shifts, bank leadership teams have been facing challenges of their own.

The Toronto-based TD Bank Group, which has been weathering the $3 billion anti-money-laundering shortcomings of its American subsidiary over the past few months, recently announced its plans to sell off its 10.1% stake in Charles Schwab and offload an additional $9 billion book of residential mortgage loans to comply with federal settlements.

Wells Fargo and the labor union saga entered a new chapter this month, as members of Wells Fargo Workers United-CWA filed unfair labor practice charges against the bank for allegedly refusing to bargain with the cohort of employees.

The San Francisco-based bank reported some positive news in recent weeks, as it was released from three consent orders — one from the CFPB in 2022 and two from the Federal Reserve Board dating back to 2011.

Read more: Wells Fargo freed from a pair of 13-year-old consent orders

The newest variable from the Trump administration is the future of the carried interest loophole, which allows partners of investment funds to categorize payments for services rendered as investment gains and therefore pay less in taxes.

Dive into the latest news from the top banks below.

Wells Fargo
Angus Mordant/Bloomberg

Wells Fargo faces allegations of stonewalling unionizing employees

Members of a unit within Wells Fargo's conduct management intake team, who are working to unionize under the Communications Workers of America, recently launched a suit against the bank for allegedly refusing to bargain with the collective of employees.

The unfair labor practice charge was sent on Jan. 6 to the National Labor Relations Board by Wells Fargo Workers United-CWA, seeking to gain ground and start discussions.

Wells' representatives outlined in a letter that since the results of the December vote have yet to be certified by the NLRB, the bank is under no legal obligation to bargain with the group.

"Of course, if after appeals are concluded, the CWA were to conclusively become the certified bargaining representative of the unit employees on the conduct management intake team, then Wells Fargo would meet its legal obligations to bargain in good faith and provide relevant responsive information to the CWA as may be requested," Wells' lawyers said in a letter sent to CWA earlier this month.

Read more: Wells Fargo union accuses the bank of 'unlawful' tactics

Trump signing EOs
Jim Lo Scalzo/Bloomberg

Could Trump kill the carried interest loophole?

Partners of investment funds have long enjoyed the benefit of the carried interest loophole, which allows them to claim payments for services rendered as investment gains and therefore pay lower taxes. But White House officials say Trump is working to end that provision.

There have been numerous efforts by Democratic policymakers to address this provision with introductions of the Carried Interest Fairness Act, seeking to "set forth a special rule for the inclusion in gross income of partnership interests transferred in connection with the performance of services."

These attempts have failed to gain significant momentum, but White House press secretary Karoline Leavitt told reporters earlier this month that Trump was mulling the idea in talks with his Republican constituents — adding to his other tax priorities surrounding Social Security, overtime pay and more.

Read more: Trump once again floats ending carried interest loophole

Thumbnail for Video: How the oil crash changed energy lending

Energy lending booming among banks following industry ESG changes

Banks bullish on energy lending are emboldened by President Trump's mission to cut regulations and promote energy expansion projects, prompting leaders to grow loan books and dive deeper into the market.

The $79.3 billion-asset Comerica in Dallas and the roughly $50 billion-asset Cullen/Frost Bankers in San Antonio, which operates under the Frost Bank name, both saw growth tied to energy loans.

Comerica's energy loan portfolio was up 8% year over year to $1.5 billion from credit extensions to oil and gas production companies, while Frost Bank's commercial loan total also grew by 8% when compared to the year-ago period. Frost's portfolio was advanced by a 20% jump in energy loans.

"I think that the economy has been really picked up, and activity has really picked up after the election," Chairman and CEO Phillip Green told analysts on an earnings call. "I hate to use the word animal spirits, but those find their way into people doing projects, and that's a real thing."

Read more: Banks ramp up lending to energy sector

JPMorgan Chase
Michael Nagle/Bloomberg

JPMorgan Chase wades deeper into Alabama market

Executives with JPMorgan Chase are moving ahead with plans to triple its branches in Alabama, seeking to open 24 new locations and hire more than 170 people by 2030.

Jennifer DiSalvo, who has led the bank's branch expansion in the state for the past three years and is an Alabama native herself, told American Banker's Catherine Leffert that her strategy involves sourcing local talent for branch staffing and expanding its commercial and small-business operations in the state.

"I can't tell you how many people come in that have moved [from other parts of the country] that are like, 'We've been waiting for you to be here for 10 years,'" DiSalvo said. "We already have such a footprint, as far as customers that have credit cards with us or that banked with us … we've had a great response to being in Alabama from those clients, and word has really spread."

Read more: JPMorgan Chase to triple its branch footprint in Alabama

Fed building
Samuel Corum/Bloomberg

Lowered unemployment rate plus fewer added jobs equals confusion for Fed

The latest data from the U.S. Bureau of Labor Statistics showed a 10-basis-point drop in the unemployment rate to 4% and roughly 143,000 new jobs added in January, against the 169,000 predicted by market experts.

Members of the Federal Open Market Committee expecting obvious signals for labor market weakening or inflationary declination will be hard-pressed to find any for last month.

Following last month's decision by the FOMC to keep the target interest rate between 4.25% and 4.5%, Fed Chair Jerome Powell remained confident that the central bank is attuned to the market's needs where policy is concerned and will stay the course barring significant changes in inflation or employment.

"Now, policy is meaningfully less restrictive than it was before we began to cut. It's 100 basis points less restrictive," Powell said.

Read more: No clear signal for Fed as unemployment rate eases to 4%

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