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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.

Primary sources

  1. 12 U.S.C. § 5563; In re Encore Capital Grp., 2015-CFPB-0022 (Sept. 9, 2015); In re Portfolio Recovery Assocs., LLC, 2015-CFPB-0023 (Sept. 9, 2015)

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

Last reviewed 2026-07-29

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.

About Otto

Otto builds collections case management for the US law firms this vocabulary belongs to.