In 2014, the Bureau of Consumer financial Protection (CFPB) issued an enforcement order against a bank and its service provider for allegedly misleading sales of insurance. That order was based on the CFPB’s power to prohibit unfair, deceptive, or abusive acts or practices (UDAAP). This article argues that, contrary to the C?PB’s position in that case, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) restricts the C?PB’s authority over the marketing and sale of insurance by banks and insurance companies. The article also argues that CFPB’s UDAAP authority should not be read to reach the sale of optional insurance products, which are not required in order for a consumer to obtain a financial product or service, by a bank or service provider. Finally, it concludes that the McCarran Ferguson Act should prevent the C?PB from superseding any state laws or regulations governing insurance activities.

This article is divided into five parts. Part II. provides an overview. Part III. explains the general statutory restrictions on the CFPB’s authority over the business of insurance and persons regulated by a state insurance regulator. Part IV. identifies the exceptions to those restrictions. Part V. presents arguments against application of the CFPB’s authority to insurance marketing and sales by banks and their service providers, including insurance companies. Part VI. is a conclusion.