March 12, 2025 3:27 pm

The Power Struggle Over Financial Regulation

Elon Musk has never been one to shy away from disrupting industries. From electric vehicles to space exploration and artificial intelligence, his ambitions have reshaped markets and challenged established norms. Now, his latest battleground is financial regulation, where he has set his sights on dismantling the Consumer Financial Protection Bureau (CFPB), a key agency tasked with overseeing financial transactions and safeguarding consumers from fraud and abuse. The implications of this confrontation stretch far beyond his personal business empire, raising concerns about the integrity of financial oversight and the future of consumer protection in the United States.

Musk’s conflict with the CFPB escalated in the wake of his acquisition of Twitter—now rebranded as X—in 2022. His vision for X was ambitious: an all-encompassing platform that would integrate financial services, enabling users to conduct their entire financial lives within the app. This transformation took a significant step forward earlier this year when X CEO Linda Yaccarino announced the launch of a digital wallet and peer-to-peer payment system in partnership with Visa. The initiative marked Musk’s first concrete move toward turning X into a financial powerhouse, a goal that has long been central to his broader strategy.

However, as Musk advanced his financial ambitions, he simultaneously declared war on the very regulatory body that oversees financial transactions. In a provocative post on X, he declared, “RIP CFPB,” accompanied by a tombstone emoji. Within hours, the Department of Government Efficiency (DOGE), an agency Musk now leads, took direct action: the CFPB’s official X account was deleted, and DOGE reportedly gained access to the agency’s internal systems. The result was immediate paralysis, as CFPB leadership instructed employees to cease operations, halting enforcement efforts designed to protect consumers from financial misconduct.

This unprecedented move has sent shockwaves through the financial industry and alarmed consumer advocates. Ethics experts argue that Musk’s dual role as both a regulator and a business mogul presents an undeniable conflict of interest. His control over the fate of the CFPB, while simultaneously owning businesses that stand to benefit from deregulation, raises serious ethical and legal concerns.

Richard Painter, a law professor at the University of Minnesota and former chief ethics lawyer for the George W. Bush administration, was unequivocal in his assessment. “Elon Musk needs to stay away from the CFPB. That’s cut-and-dry,” he stated. “If there is any evidence that he has participated in dismantling the CFPB, he risks violating criminal conflict of interest laws. That’s a slam dunk.”

Beyond X’s financial services, Tesla—Musk’s flagship company—also falls within the CFPB’s purview due to its financing division, which provides auto loans. The agency does not regulate auto dealerships, but it does oversee financial institutions offering car loans, placing Tesla Finance LLC under its jurisdiction. Adding to the irony, Tesla is included on the CFPB’s restricted securities list, meaning agency employees are prohibited from owning its stock due to potential conflicts of interest. Yet Musk, Tesla’s largest shareholder, now leads efforts to weaken the very agency designed to regulate its financial arm.

The White House responded to concerns on Tuesday, stating that Musk would file a financial disclosure. However, officials clarified that, as an unpaid special government employee, his disclosure would remain confidential. This assurance has done little to quell concerns, as critics argue that Musk’s public statements and actions indicate a clear intent to cripple financial oversight.

Following Trump’s inauguration, Musk did not hide his disdain for the CFPB. In a post on X, he wrote: “Delete CFPB. There are too many duplicative regulatory agencies.” Legal experts argue that even if Musk were to recuse himself from formal decisions regarding the agency, his influence is already shaping its fate. Christopher Peterson, a law professor at the University of Utah and former CFPB official, underscored this point: “If the boss says, ‘CFPB RIP,’ and that it should be deleted, recusal is meaningless. The damage is already done.”

Meanwhile, consumer protection advocates warn of dire consequences if the CFPB remains incapacitated. Kathleen Engel, a research professor at Suffolk University Law School, described the situation as a crisis. “The CFPB is the cop on the beat. If you want to commit financial crimes freely, you get rid of the police department,” she said. “We are entering a financial Wild West.”

Musk’s vision for X as a financial platform continues to accelerate. Earlier this year, X Payments LLC secured licensing from 41 states and registered with the Financial Crimes Enforcement Network (FinCEN). Linda Yaccarino has promised that X Money, its new digital payments system, will debut soon, with the Visa deal being just the first of “many big announcements.”

As Musk moves forward with his plans, the fate of financial regulation remains in jeopardy. The potential dismantling of the CFPB could leave consumers vulnerable to predatory financial practices, while further solidifying Musk’s influence over an industry he seeks to dominate.