Consumer Financial Protection Bureau investigation into Google practices

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Final Agency Documents (July 1, 2023 to present):
a. Orders, notices, or formal communications sent to Google LLC regarding potential supervision under 12 U.S.C. § 5514(a)(1)(C)
b. Risk assessment determinations regarding Google's digital payment services
c. Final agency determinations regarding supervisory authority over digital payment services
Consumer Protection Records:
a. Aggregate data and statistical analyses of consumer complaints regarding Google Wallet and Google Pay (with personal information redacted)
b. Risk assessment frameworks used to evaluate digital payment services
c. Reports analyzing potential consumer harm in digital payment markets

Public Interest Information:
a. Records reflecting CFPB's legal analysis of supervision authority over non-bank entities under 12 U.S.C. § 5514
b. Communications with other federal regulators regarding supervision of digital payment services
c. Final agency policies or procedures for supervising digital payment providers

Already Public Information:
a. Records previously disclosed to Congress or other agencies regarding digital payment supervision
b. Public statements, testimony, or reports regarding CFPB's digital payment services oversight
c. Generic supervision procedures already published in CFPB's examination manual

++ Segregability and Format

Please segregate and release all non-exempt portions of records. For consumer complaint data, statistical aggregates and anonymized analyses are specifically requested rather than individual complaints. For supervision procedures, general frameworks rather than specific examination steps are sought.

++ Legal Basis for Release

Ongoing Enforcement Considerations:
- NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 232 (1978): Exemption 7(A) requires specific demonstration of enforcement interference
- Citizens for Responsibility & Ethics in Washington v. DOJ, 746 F.3d 1082, 1098 (D.C. Cir. 2014): Agency must show concrete harm to ongoing enforcement
- Mappv v. CFPB, No. 20-cv-3510 (D.D.C. 2022): CFPB required to segregate and release non-sensitive enforcement information

Commercial Information:
- Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019): Only information customarily and actually kept private qualifies under Exemption 4
- Supervision frameworks and general procedures do not constitute protected commercial information
- Public statements by Director Chopra regarding supervision approach reduce commercial sensitivity

Deliberative Process:
- Coastal States Gas Corp. v. DOE, 617 F.2d 854, 866 (D.C. Cir. 1980): Final opinions and interpretations must be released
- CFPB's legal determinations about supervisory authority are final agency decisions
- Frameworks for evaluating risk are working law rather than deliberative materials

Financial Institution Reports:
- Consumers Union of United States, Inc. v. Heimann, 589 F.2d 531 (D.C. Cir. 1978): Exemption 8 protects specific examination findings, not general procedures
- Bloomberg L.P. v. SEC, 357 F. Supp. 2d 156 (D.D.C. 2004): Public interest balancing required even for exempt materials

++ Public Interest Justification

Release is warranted because:
- CFPB's novel application of supervisory authority to technology companies represents a significant policy development
- Digital payment services affect millions of consumers
- Director Chopra has publicly acknowledged the importance of transparency in tech supervision
- Supervision frameworks are necessary for public accountability
- Congressional oversight requires public understanding of CFPB's legal interpretations

++ Request for Expedited Processing

Expedited processing is warranted under 5 U.S.C. § 552(a)(6)(E) because:
- The matter concerns federal regulatory activity affecting millions of consumers
- Delay would compromise substantial due process rights
- The topic is under active public and Congressional scrutiny

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Kyle Wiggers

Dear Ms. Duvall Adams:

In response to your November 25, 2024 letter requesting clarification of my FOIA request, I am providing additional specificity for Part 3, Section b: "Communications with other federal regulators regarding supervision of digital payment services."

Proposed Search Parameters:

1) Keywords:

- "Digital payment services supervision"
- "Non-bank financial technology oversight"
- "Section 5514 regulatory communication"
- "Google Wallet regulatory review"

2) Relevant CFPB Personnel:

- Rohit Chopra
- Samuel Levine
- Kelly Cochran

3) Potential Regulatory Counterparts:

- Federal Reserve Board
- Federal Trade Commission
- Office of the Comptroller of the Currency
- Securities and Exchange Commission

Scope: Communications between November 2023 and November 2024 addressing digital payment services supervision, with particular focus on technology-driven financial platforms.

The request remains grounded in the public interest of understanding regulatory oversight of emerging financial technologies.
Please contact me with any questions.

Sincerely,
Kyle Wiggers

Dear Ms. Soby,

Thank you for your communications regarding my Freedom of Information Act (FOIA) request, submitted on November 14, 2024, concerning the CFPB’s investigation into Google’s digital payment services. I appreciate the opportunity to provide clarification to facilitate your search and processing.

Clarified Scope of Request
Part 3(a): Records Reflecting CFPB’s Legal Analysis of Supervisory Authority Over Non-Bank Entities
I am specifically seeking records that detail CFPB’s legal interpretations, final determinations, and policy frameworks concerning its supervisory authority under 12 U.S.C. § 5514(a)(1)(C), particularly over digital payment services like Google Wallet and Google Pay.

These records may include:
- Memoranda, legal opinions, or internal communications documenting CFPB’s final agency determinations or “working law” on its authority to supervise non-bank digital payment providers.
- Any frameworks, policies, or legal analyses developed or applied to assess non-bank digital payment platforms during the timeframe of July 1, 2023, to the present.

Part 3(b): Communications with Other Federal Regulators
For communications with other federal regulators regarding supervision of digital payment services, I propose the following:

1) Keywords:
- “Digital payment services supervision”
- “Non-bank financial technology oversight”
- “Section 5514 regulatory communication”
- “Google Wallet regulatory review”
2) Relevant Regulators:
- Federal Reserve Board
- Federal Trade Commission
- Office of the Comptroller of the Currency
- Securities and Exchange Commission
3) Timeframe: November 2023 to November 2024.

Part 3(c): Public Interest and Oversight
Additionally, I am requesting:
- Records of CFPB’s public statements, testimonies, or published materials related to digital payment oversight.
- Final policies or procedures governing the supervision of digital payment providers, particularly those applied to non-bank entities like Google.

Justification for Expedited Processing
As outlined in my original request and supported by public interest considerations, timely access to these records is critical. The CFPB’s application of supervisory authority to digital payment providers represents a significant policy development affecting millions of consumers. Additionally, this topic is under active Congressional scrutiny, and its resolution is vital for public accountability and transparency in financial technology oversight.

Preferred Format and Contact Information
To ensure efficient processing, I kindly request that documents be provided electronically, either via email attachment or through a downloadable link. Should further clarification be required, I am available at [Your Contact Information] and would be happy to assist.

Thank you for your continued assistance in processing this request. I look forward to receiving your response within the statutory timeframe.