All terms

Consent order

Consent order — A consent order is a negotiated administrative order in which a respondent agrees, without necessarily admitting the findings, to conduct requirements, compliance obligations, and monetary relief enforceable by the issuing agency.

The CFPB's adjudication and cease-and-desist authority sits at 12 U.S.C. § 5563; orders become effective 30 days after service and are reviewable in the courts of appeals. The two orders that most shaped creditor-side litigation practice are In re Encore Capital Group, 2015-CFPB-0022, and In re Portfolio Recovery Associates, 2015-CFPB-0023, both filed September 9, 2015, which imposed the affidavit prohibitions and pre-suit documentation checklist now treated as de facto industry standards. Consent orders bind only their respondents and can expire — the Encore order was terminated by Bureau order filed October 20, 2020 — so citing one as governing law is wrong, while ignoring it as a statement of supervisory expectation is imprudent.

See also

• ExaminationAn examination is a supervisory review conducted by a prudential regulator or the CFPB to assess compliance with federal consumer financial law, obtain information about an entity's activities and compliance systems, and detect risks to consumers and markets.
• UDAAPUDAAP is the CFPB's authority to prohibit unfair, deceptive, or abusive acts or practices, and it reaches collections conduct that violates no specific FDCPA or Regulation F provision.
• Affidavit of debtAn affidavit of debt is a sworn statement — often the only evidence supporting a default or summary judgment — attesting to the existence, ownership, and amount of a consumer debt based on the affiant's review of business records.
• Suit-readinessSuit-readiness is the pre-filing determination that an account carries the documentation, ownership proof, balance support, and limitations-period clearance needed to sustain a collection lawsuit.

Where this appears

• Manual compliance versus enforced compliance
• The Otto platform
• Suit-readiness scoring
• Editorial policy
• TCPA Consent and Revocation: What Do 47 U.S.C. 227 and 47 CFR 64.1200 Require for Collection Calls and Texts?
• What Evidence Must a Firm Hold Before Filing Suit on a Consumer Debt?

This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.