On April 3, 2023, the Consumer Financial Protection Bureau issued a policy statement regarding what constitutes an “abusive” act or practice. The policy statement outlines the CFPB’s approach to analyzing whether an act or practice may be abusive and provides examples, which the policy statement also notes may be used by state attorneys general or other agencies that are authorized to enforce the prohibition on abusive practices. The policy statement represents a significant departure from the agency’s February 2020 policy statement on abusiveness, and elements of it appear to depart from the plain language of the statute and therefore could be vulnerable to court challenge when applied in enforcement actions or to service as the basis for a regulation. Comments may be submitted on the policy statement until July 3, 2023.