[ali10001]

It's interesting because just about everyone I've spoken to at or around the CFPB has said the CFPB would have no authority over b2b transactions. One inherent problem with Congress delegating their law making authority to another body is that unelected officials make their own rules and are accountable to nobody. The CFPB actually can and does make its own laws.

I think Karen Mills was just taking a random swing here when she says, "In the online small business lending market, the newly created Consumer Financial Protection Bureau (CFPB) may be the most likely to oversee this market. This regulator has authority to oversee payday lenders and similar entities that loan to consumers, and is bringing greater transparency for borrowers to credit card and mortgage markets."

I've repeatedly been told that a business could not be construed as a consumer, not even a sole proprietorship. An individual or entity engaging in a commercial capacity is not a consumer and cannot be governed by consumer laws. That last line was said to me by someone at the CFPB.

Ok-so here is a thought. If the owner signs as a guarantor of the "loan"/or advance made to the business he or she owns, he/she is signing the guarantee as an individual (ie. consumer). This may indeed be the window and or avenue that the CFPB uses to claim jurisdiction. Also -the whole BFS/California Lawsuit stemmed from an advance made to a sole prop and I think the argument was that the advance was indeed a consumer loan. Would absolutely love to hear how I am wrong on this! What am i missing, if anything??