Five questions senators should ask Brian Johnson

Here’s the companion sidebar:

Brian Johnson’s answers at his confirmation hearing could reveal whether the Consumer Financial Protection Bureau will remain an active watchdog or become a largely dormant agency.

1. Will you preserve the CFPB’s enforcement staff?

The bureau cannot protect consumers without lawyers and investigators capable of bringing cases against companies that violate the law. Johnson should be asked directly whether he supports proposed cuts that would eliminate most enforcement positions.

2. Will you continue supervising banks and other financial companies?

Routine examinations often uncover problems before they become nationwide scandals. Senators should press Johnson on whether the CFPB will continue examining banks, mortgage companies, debt collectors, credit bureaus and other firms for compliance with consumer laws.

Trump’s CFPB nominee faces Senate hearing as consumer watchdog hangs in the balance

The next director could decide whether to proceed with a plan that would eliminate most of the bureau’s enforcement and supervision staff

ConsumerNews.aiJames R. Hood

3. Will you protect the consumer complaint system?

The CFPB complaint database gives consumers a direct channel to seek responses from financial companies and helps identify emerging patterns of abuse. Johnson should commit to preserving the system, publishing meaningful data and requiring companies to respond.

4. How will you handle conflicts involving Capital One?

Johnson currently serves as a compliance executive at Capital One, one of the nation’s largest credit-card issuers. Senators should ask which matters he would recuse himself from and how long those recusals would remain in effect.

5. Will you enforce laws even when the administration dislikes them?

A CFPB director is responsible for carrying out laws passed by Congress, not simply advancing the preferences of the White House or the financial industry. Johnson should be asked whether he would pursue violations involving junk fees, credit reporting, debt collection, mortgage servicing and digital payments even when doing so creates political opposition.

The bottom line

Johnson should not be confirmed without a clear explanation of how he intends to keep the bureau functioning. Promises of “efficiency” and “regulatory certainty” mean little if the CFPB lacks enough staff to investigate complaints, examine companies and enforce the law.