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It appears that the CFPB has placed a plan to codify and better define "abusive acts or practices" on the back burner.

The plan, announced by former Acting agency Director Mick Mulvaney in October, was placed on the "long-term action" section of the agency's Spring 2019 regulatory agenda.

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The items in that section "are items under development but for which the agency does not expect to have a regulatory action within the 12 months after publication of this edition of the Unified Agenda," the Office of Management and Budget stated in its compilation of upcoming rules.

Mulvaney had said that the definition of "abusive acts or practices" was open to interpretation and could lead to regulation by enforcement actions.

At the time, credit union trade groups applauded Mulvaney's announcement, saying they had sought clarity on the issue.

In its regulatory agenda, the CFPB states that "while statutory language, regulations, policy statements, and case law have provided important clarifications as to the meaning of unfairness and deception under federal consumer protection law over several decades, the Dodd-Frank Act was the first federal law to define and prohibit abusive acts and practices with respect to consumer financial products and services generally."

It goes on to state that the agency is considering whether "rulemaking or other activities" might be helpful to clarify the terms.

In the agenda, the CFPB also said it intends to renew "pre-rulemaking activities" this year on regulations requiring financial institutions to collect and report information concerning credit applications made by women-owned, minority-owned and small businesses.

The CFPB also said it intends to issue a notice of proposed rulemaking concerning public disclosure of Home Mortgage Disclosure Act data in light of consumer privacy concerns.

And the agency said it will issue a final rule concerning the compliance date of its payday loan regulation this summer and make a final decision about whether to reconsider the rule sometime after that.

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