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CFPB Whistleblower

Talk to a CFPB Whistleblower Lawyer About Coming Forward in Strict Confidence

Lynette Byrd
Attorney Lynette Byrd
Whistleblower Team Lead
Former DOJ Attorney
Nick Oberheiden
Attorney Nick Oberheiden
Whistleblower Team Lead
Brian Kuester
Attorney Brian Kuester
Whistleblower Team
Former U.S. Attorney and District Attorney

The U.S. Consumer Financial Protection Bureau (CFPB) is one of a handful of federal agencies that share responsibility for protecting consumers and conducting government investigations across the United States. It focuses specifically on fraud and other forms of wrongdoing in the consumer financial services sector, and it enforces a wide range of federal consumer financial protection laws against banks, lenders, and other financial firms. Like many other federal agencies, the CFPB relies heavily on whistleblowers to report fraud and other consumer abuses; and, if you think you may be able to serve as a CFPB whistleblower, we strongly encourage you to speak with one of our attorneys about coming forward.

Our attorneys represent CFPB whistleblowers nationwide. If you have information about any form of consumer fraud or abuse in the financial services sector, we can assist you with contacting the CFPB and disclosing such information appropriately. We also represent CFPB personnel who need to report fraud, waste, and abuse (FWA) internally, even when nondisclosure agreements are involved, and we represent whistleblowers who need to report other consumer protection violations to other federal agencies as well.

Filing a Whistleblower Complaint with the CFPB

Private-sector employees and Consumer Financial Protection Bureau personnel can report different types of wrongdoing to the CFPB, even if they were required to sign confidentiality agreements. Broadly, however, if you have any information that you believe might be relevant to the CFPB’s enforcement goals, we encourage you to contact us, as such agreements do not prevent you from reporting violations. We provide no out-of-pocket cost legal representation for CFPB whistleblowers, and we will not disclose your identity or any details about suspected wrongdoing you share unless you expressly authorize us to do so.

Employees (and former employees) in the private sector can blow the whistle on many different forms of fraud and other consumer protection violations. The CFPB refers to individuals in the private sector as “industry whistleblowers,” and it encourages industry whistleblowers to come forward with information about violations such as:

  • Discrimination related to consumer financial products or services (including use of artificial intelligence (AI) and machine learning models (MLMs) based on flawed or incomplete data sets)
  • False and misleading advertising of consumer financial products or services by financial institutions
  • Failure to collect, maintain, or report accurate consumer financial data (including data related to mortgage loan applications) 
  • Failure to provide accurate consumer reporting information or to use accurate consumer reporting information 
  • Other unfair, deceptive, and abusive practices related to the advertising or delivery of consumer financial products or services

These truly are just examples. The CFPB enforces an extremely wide range of federal rules and regulations under its federal government authority, and many violations of these laws and regulations have the potential to cause widespread consumer harm. CFPB whistleblowers (or “industry whistleblowers”) can also report other violations of statutes including (but not limited to):

  • Consumer Financial Protection Act
  • Dodd-Frank Wall Street Reform and Consumer Protection Act 
  • Consumer Leasing Act
  • Electronic Fund Transfer Act 
  • Equal Credit Opportunity Act 
  • Fair Credit Reporting Act 
  • Fair Debt Collection Practices Act 
  • Federal Trade Commission Act 
  • Real Estate Settlement Procedures Act 
  • Truth in Lending Act

Industry whistleblowers as well as current and former CFPB personnel can report fraud, waste, and abuse committed against the CFPB when they become aware of such a violation. This includes FWA within the CFPB as well as fraud and other abuses committed by CFPB contractors, grant recipients, and other private parties. Similar to other government enforcement agencies, the CFPB accepts whistleblower complaints from current and former personnel, as well as industry whistleblowers, involving:

  • Gross mismanagement
  • Gross waste of funds
  • Abuses of authority (including bribery and corruption)
  • Substantial and specific dangers to public health and safety 
  • Other violations of federal laws, rules, and regulations

With that said, not all instances of such violations will necessarily warrant a CFPB whistleblower complaint. With this in mind, if you are thinking about coming forward with information related to violations of the Commodity Exchange Act or consumer financial laws, we urge you to speak with one of our whistleblower attorneys. A whistleblower attorney at our firm can determine if you are eligible to serve as a CFPB whistleblower; and, if so, we can help you make an informed decision about whether to come forward. We can also determine if you are eligible to file a whistleblower complaint with another law enforcement agency relating to consumer financial protection—such as the U.S. Commodity Futures Trading Commission (CFTC) or U.S. Securities and Exchange Commission (SEC)—that has a whistleblower reward program.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Kevin McCarthy
Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo
Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson
Nicholas B. Johnson

Former Prosecutor

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Working with a CFPB Whistleblower Attorney at Oberheiden P.C.

We represent CFPB whistleblowers nationwide. Whether you work for the CFPB, you work in the consumer financial services sector, or you have recently lost your civil service job or your job in the private sector, we can assist you regardless of where you live. Here is a brief overview of what you can expect when you choose to work with a CFPB whistleblower attorney at Oberheiden P.C.:

1. Complete Confidence

We will hold all information you share with our firm in complete confidence. We will only share information with the CFPB if you authorize us to do so; and, if you decide not to come forward as a CFPB whistleblower, we will not disclose your information or identity to anyone.

2. One-on-One Legal Advice

You will work directly with our senior attorneys throughout your relationship with Oberheiden P.C. Our attorneys will provide one-on-one legal advice that is custom-tailored to your specific circumstances and that is focused on helping you make informed decisions.

3. No Pressure to Come Forward

Speaking with an attorney at Oberheiden P.C. does not obligate you to move forward with serving as a CFPB whistleblower—we do not require current or former employees to commit to action prematurely. We encourage people to contact us when they have questions, and we know that not everyone who has questions will be prepared to blow the whistle.

4. Direct Communication

In addition to working directly with you, our attorneys will also communicate directly with the CFPB if you decide to come forward. We will serve as your liaisons with the CFPB, and we will keep you fully updated and informed throughout the process.

5. No Out-of-Pocket Costs

We provide whistleblower representation at no out-of-pocket cost, even when employers attempt to enforce confidentiality agreements against whistleblowers. Your initial consultations are completely free; and, if you decide to serve as a CFPB whistleblower, we will not charge you any out-of-pocket fees or costs for our representation.

FAQs: Serving as a CFPB Whistleblower

How Do I Report Fraud or Other Wrongdoing to the CFPB?

The CFPB accepts tips from industry whistleblowers through its website, while current and former CFPB personnel must generally file their complaints in accordance with the substantive and procedural requirements of the Whistleblower Protection Act (WPA). In all cases, we strongly recommend working with an experienced attorney who can prepare you for what to expect and communicate effectively with CFPB leadership on your behalf.

Does the CFPB Have a Whistleblower Reward Program?

No, the CFPB does not currently have a whistleblower reward program. While CFPB whistleblower reward programs have been proposed in recent years, none of these proposals have become law.

However, individuals who have information about fraud within the consumer financial services industry, violations of the Securities Exchange Act, or fraud against the CFPB may still be eligible to receive financial rewards in some cases. At Oberheiden P.C., we can assess all of your options for coming forward, and we can help you make an informed decision about where to file your whistleblower complaint (if you decide to file).

Are CFPB Whistleblowers Entitled to Protection Against Retaliation?

Yes, CFPB whistleblowers are entitled to protection against retaliation, and the law does not allow employers to deter whistleblowers from coming forward. For industry whistleblowers, the CFPB makes this clear, stating that, “[y]our employer cannot retaliate against you for reporting illegal conduct within the CFPB’s authority.” CFPB personnel are protected against retaliation to the extent permitted under the Whistleblower Protection Act (WPA) and the Whistleblower Protection Enhancement Act (APEA). Whistleblowers who experience illegal retaliation are entitled to clear remedies under federal whistleblower protections.

Do I Need an Attorney to Serve as a CFPB Whistleblower?

While not legally required, hiring an attorney to assist you with serving as a CFPB whistleblower is strongly recommended. At Oberheiden P.C., we provide comprehensive legal advice and representation to prospective whistleblowers. Our attorneys can help you make an informed decision about whether to come forward; and, if you decide to come forward, we can handle all communications with the federal government on your behalf.

Can I Submit a Whistleblower Tip to the CFPB Anonymously?

The CFPB accepts anonymous tips from industry whistleblowers, even those bound by broadly worded confidentiality agreements designed to muzzle employees. However, if you come forward anonymously and without legal representation, it could impede the government’s investigation or limit the protections that are available. Here too, we strongly recommend speaking with an attorney to receive advice that is custom-tailored to your specific circumstances and that you can use to make informed decisions about your next steps.


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