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What CFPB Nominee Jonathan McKernan Said About Data Brokers—and What Happened to the Rule

Jonathan McKernan praised CFPB data-broker work at his 2025 nomination hearing, but the Bureau later withdrew its proposed rule and took no further action on it.
From TheFinanceBase Team2 min to read
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At his February 27, 2025, Senate Banking Committee confirmation hearing, CFPB director nominee Jonathan McKernan signaled that he was open to continued attention to data brokers. He praised former director Rohit Chopra’s work and raised privacy and potential national-security concerns. That did not make the CFPB’s proposed data-broker rule law: the Bureau withdrew the proposal on May 15, 2025, and said it would take no further action on it.

What did McKernan say about data brokers?

CyberScoop reported that McKernan said Chopra “was onto something” with policies targeting data brokers and aggregators. He added: “There’s privacy issues here. There’s potentially national security issues here.”

McKernan also said it was important for people in regulated industries and elected officials to keep focusing on the issue as companies collect more data and analytics grow more powerful. These were remarks at his nomination hearing, not a formal CFPB decision or a commitment to adopt a particular rule. The quotations are attributed to McKernan by CyberScoop’s February 27, 2025 report.

What was the CFPB’s proposed data-broker rule?

On December 3, 2024, the CFPB announced a proposed rule addressing when companies that sell certain sensitive personal and financial information would be treated as consumer reporting agencies under the Fair Credit Reporting Act (FCRA). The proposal covered information such as Social Security numbers, phone numbers and financial details. It was a proposal, not an effective rule.

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If adopted as proposed, it would have clarified FCRA coverage for certain data sales and brought related obligations into play. The CFPB described proposed requirements involving accuracy, consumer access to information and safeguards against misuse, as well as limits on selling personal identifiers and financial data. The Bureau’s December 3, 2024 announcement explains the intended protections.

How did the CFPB’s data-broker work develop?

  1. March 15, 2023: The CFPB opened a public inquiry into data-broker practices, seeking information about industry business models and the types and sources of data collected and sold. The inquiry gathered information; it did not itself impose new obligations. CFPB announcement.
  2. December 3, 2024: The CFPB published its proposed FCRA rule for certain sensitive information sold by data brokers. CFPB proposal announcement.
  3. February 27, 2025: McKernan discussed Chopra’s data-broker focus at his Senate Banking Committee nomination hearing. CyberScoop report.
  4. May 15, 2025: The CFPB withdrew the proposed rule and stated that it would take no further action on that notice of proposed rulemaking. Federal Register withdrawal notice.
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Is the CFPB data-broker rule in effect?

No. The December 2024 proposal was withdrawn in May 2025; it did not become an effective rule through that proposal. McKernan’s hearing comments do not change that legal status.

The CFPB’s regulatory agenda, whose page was last modified July 15, 2026, is a place to check for later agency rulemaking. The agenda material cited here does not establish that the withdrawn proposal has been revived. A later action would need to be confirmed from current agency records.

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