A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to the withdrawal of the rule relating to "Consumer Financial Protection Circular 2024-03: Unlawful and Unenforceable Contract Terms and Conditions".
Description
This resolution would reinstate CFPB guidance that classifies the use of unlawful or unenforceable contract terms as a deceptive practice.
Summary
What it does
This joint resolution would reinstate guidance from the Consumer Financial Protection Bureau (CFPB) regarding unlawful and unenforceable terms in consumer financial contracts. The resolution specifically disapproves of a May 2025 rule that withdrew a previous circular, which had clarified that including such terms—like illegal waivers of a consumer's right to sue—may violate federal bans on deceptive practices. By nullifying the withdrawal, the resolution would restore the CFPB's position that service providers using unenforceable contract language can be held accountable for deceptive acts.
Who is affected
This resolution affects consumer financial service providers that include terms in contracts with consumers, specifically regarding the inclusion of unlawful or unenforceable terms such as waivers of the right to sue. It also impacts consumers who enter into these contracts for financial services. Additionally, the resolution affects the Bureau of Consumer Financial Protection (CFPB) by reinstating its previously withdrawn guidance regarding deceptive acts or practices.
Key provisions
- Disapproval of the CFPB circular withdrawal. The resolution formally disapproves of the rule issued by the Consumer Financial Protection Bureau on May 12, 2025, which withdrew previous guidance regarding unlawful and unenforceable contract terms.
- Reinstatement of guidance on contract terms. The resolution reinstates a June 2024 circular stating that including unlawful or unenforceable terms in consumer contracts, such as prohibited waivers of the right to sue, may violate the ban on deceptive acts or practices.
Fiscal impact
Not applicable: No CBO cost estimate available
Effective dates
Not applicable: Official Summary does not address effective dates
Relationship to existing law
This resolution utilizes the Congressional Review Act to disapprove of a 2025 Bureau of Consumer Financial Protection rule, thereby reinstating a June 2024 circular regarding unlawful contract terms and their status as deceptive acts under the Consumer Financial Protection Act.
Stated purpose
This joint resolution seeks to reinstate the Consumer Financial Protection Bureau’s June 2024 guidance regarding unlawful and unenforceable contract terms by disapproving of the May 2025 rule that withdrew it. The guidance clarifies that financial service providers may violate federal bans on deceptive practices if they include unenforceable terms, such as unlawful waivers of a consumer's right to sue, in consumer contracts.