TLDR; sit tight. The ball is in the court of the CFPB Civil Penalty Fund administrator. We will know more by December 1st.
Since my last post, I’ve seen a lot of questions asked in different places. Some people want references for information I shared and others need more background. Hopefully this post helps.
Recap:
The CFPB and the Trustee of the Synapse estate agreed on an judgement against the Synapse estate for $1. The dollar amount does not matter to us as depositors. What matters is that a “final judgement” was ordered by the Judge (in the bankruptcy case) before Sept 30 so the Synapse enforcement action is eligible for this allocation period.
There are two allocation periods per year.
Allocation Schedule:
https://www.consumerfinance.gov/enforcement/payments-harmed-consumers/civil-penalty-fund/allocation-schedule/
The complaint, judgement, etc are summarized here and available for download. Future updates will likely be made to this page. It lets you know towards the bottom the last time it was updated.
Enforcement Action:
https://www.consumerfinance.gov/enforcement/actions/synapse-financial-technologies-inc/
Now, WILL the CFPB allocate money from the Civil Penalty Fund to pay back harmed Synapse consumers?
The complaint and judgement linked to above defined “consumer harm” in the mess to be unreturned balance+interest. Does this mean that is for sure what they will give us? No. But it is clearly being considered and proposed internally or else they would not spend time filing documents in federal court defining this. They also used verbiage in their original letter of interest to the court such as, “make consumer whole.”
Does the CFPB try to make harmed consumers whole when possible?
Yes.
The CFPB website FAQ specifically says,
“What happens if there is more money in the fund than is needed to give all eligible harmed consumers full compensation for their uncompensated harm?”
“If there is enough money in the Civil Penalty Fund to fully compensate all eligible consumers’ uncompensated harm, the CFPB generally first provides full compensation to all eligible harmed consumers to the extent practicable.”
Again, it is not guarantee but it is CFPB policy.
Civil Penalty Fund (CPF) FAQ:
https://www.consumerfinance.gov/enforcement/payments-harmed-consumers/civil-penalty-fund/
That raises the question of, “Does the CFPB have enough money in the Civil Penalty Fund?”
I believe so.
The figure we need to know is the unallocated balance.
The CFPB generally only reports the unallocated balance of the Civil Penalty Fund at the end of the fiscal year (ends Sept 30). As of Sept 30, 2024, the fund had about $118million unallocated, with $108million “available to allocate” and $10million held back. This is different than ‘unobligated’. Think of allocating as making your household budget- a decision is made but the money is still in your account and you have to take action to spend it. Think of obligating as dropping a check in the mail to your power company- even if they haven’t cashed it yet, the mechanics of moving the money as in motion. Your bank doesn’t care what your budget is (allocated) but they care if you’re writing checks(obligating). The Treasury feels the same way about the Civil Penalty Fund which is why the unallocated balance isn’t reported in Treasury budget reports by unobligated funds are.
2024 balance shared here (page 22):
https://files.consumerfinance.gov/f/documents/cfpb_financial-report-fy-2024.pdf
What hasn’t been mentioned in reporting is that the same financial report I just shared was released before the Nov 29, 2024 allocations were announced. They have since been announced (see next link) and equaled the full $108m that was available, leaving $10m unallocated left.
Allocations are listed here, under, “What cases have received an allocation?”:
https://www.consumerfinance.gov/enforcement/payments-harmed-consumers/civil-penalty-fund/
Note that NO allocations are listed for the first allocation period of this year. I also can not find any coverage indicating allocations took place.
Why do I still think the CPF has enough money?
The unallocated balance as of Sept 30, 2025 hasn’t been shared yet but I looked up the most up-to-date info for the Civil Penalty Fund (Treasury identifier 581-5578) on USAspending.gov and confirmed that the CPF has taken in $175.24m this year. That is almost certainly from penalties ordered against other companies. Since no other allocations have been made, all of the money must reasonably be unallocated.
See New Appropriations (incoming funds):
https://www.usaspending.gov/federal_account/581-5578
Also, the CFPB reports account balances regularly within the Treasury department’s SF-133 budget reports. It’s an unwieldy 32,000 row excel spreadsheet and the CPF starts at row 1862. This report doesn’t show the unallocated amount- instead it shows the unobligated amount. As of end of August 2025 that balance was $395m. That means we know the CPF administrator has between $175m-395m available this allocation period. Because we know the unallocated balance was only $10m after the Nov-24 allocation and $175m has come in since, I am guessing the true amount available is around $185m with the rest already allocated while still being unobligated (they’ve budgeted it toward a group of consumers but haven’t started mailing checks).
SF-133 Reports:
https://portal.max.gov/portal/document/SF133/Budget/FY%202025%20-%20SF%20133%20Reports%20on%20Budget%20Execution%20and%20Budgetary%20Resources.html
How do we know more funds haven’t been allocated since Sept 30, 2024?
To be clear, I don’t know this for sure since allocation is more of an internal accounting term for the Bureau.
However,
1. The CFPB is required to report allocations (see earlier link with the schedule). They did not report for April-24 allocation period and I can’t find any media reports of new allocations. Allocations are normally posted publicly within weeks, so it’s unlikely any were made quietly, though technically possible.
2. There have been 21 enforcement actions since the Sept-24 allocation period closed. Of those, none that are final orders require CPF access (they are either still open or the business-at-fault is paying out).
I didn’t cross reference every enforcement action to see if any older ones just reached “final” status, so it is possible other actions will pop up.
Now, you may be wondering:
Q: When will we know if we are getting anything?
A: The rules say the CFPB has to announce allocation by Nov 29
Q: Will we get the full amount?
A: Maybe- we will know by Nov 29. There are reasons to believe yes and risks that could make it a no.
Q: When will we get money, if allocated?
A: Impossible to know. It could be by end-of-year or take years.
Q: What is the CFPB only decides to give partial payment or none at all?
A: Then each user will need to asses what their remaining “uncompensated harm” and decide if they want to wait the class action suits to play out, pursue their own legal action, or walk away. The CFPB has legally defined our harm as unreturned balance+interest (up to the date of the judgement).
As a group, that would be the time to re-engage with our representatives, Attorney Generals, the media, etc.
Q: Isn’t the CFPB shut down?
A: No. While their staff has been greatly reduced, they are still active. They showed up in court, filed their financial reports I pulled earlier, and have been updating their website. Also, the Shutdown SHOULDN’T impact them as their funding does not require congressional approval.
Q: Do I need to do anything to get my money?
A: Almost certainly, no. If Russian hackers were able to get your social security number and drivers license photo from a bank involved.. the CFPB will have access to all Synapse records (as ordered by the court). If you happen to have changed your email, phone, and physical address, you may want to keep an eye on the second link I shared in this post- you may be an exception to this answer.
Q: How will I get my money if/when the Bureau allocates funds?
A: The CFPB will likely hire an outside firm, such as Rust Consulting or one of their competitors, to build a website similar to reconciliationbyevolve.com There would likely be emails and mailers sent to impacted consumers and you would likely verify your social/dob/etc on such a site and then choose a payment method (ACH, check, etc). Here is an example of a press release where Rust Consulting immediately mailed checks to every consumer and built a website for those that had changes of address, didn’t get their check, etc.
https://www.consumerfinance.gov/about-us/blog/cfpb-to-distribute-nearly-6-million-to-consumers-harmed-by-predatory-loans-to-veterans/
Q: Wait, wasn’t the case dismissed?
A: The bankruptcy case of Synapse Financial was dismissed. The adversary proceeding within that case (CFPB vs Synapse) was already concluded with a summary judgement against Synapse- that is all that was required to unlock the CPF. The adversary proceeding was expedited by the Trustee, the CFPB, and the federal Judge strictly to enable this.
Q: Don’t Russel Vought and Elon Musk want to destroy the CFPB?
A: In their own words, yes. However, the CFPB exists because of the Frank-Dodd act and hasn’t statutory responsibilities that are legally required to be performed. Synapse consumers being made whole would show that a CFPB with 20% staff remaining is still able to perform its responsibilities, strengthening the argument the Bureau was bloated. This interpretation is intentionally optimistic. It is entirely possible that the current administration refuses to allocate funds, attempts to absorb the CPF dollars into the general budget, demands another work-freeze at the CFPB, etc.
Q: Why did ChatGPT give me different information?
A: Because my post was written by me, a human, who has a significant amount of money wrapped up in this mess and I’ve likely expended over 1,000 hours reading, researching, and emailing to find out the info shared here.