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Regulatory Reversals: Political Transitions and the Congressional Review Act

A Republican Congress and the incoming Trump administration may employ the CRA to quickly overturn recent rules that faced heavy criticism from the financial services industry....more

CFPB Finalizes Open Banking Rule

The rule aims to reduce market concentration by guaranteeing consumer access to personal financial data, but faces strident criticism and immediate legal challenge....more

CFPB Proposes to Amend the Remittance Rule

Remittance service providers would need to update their disclosure statements under a narrowly tailored proposed amendment which aims to resolve issues more efficiently and save consumers time....more

CFPB Proposes to Designate Earned Wage Access Products as Loans

Paycheck advance products that are deemed consumer loans under the CFPB’s new proposal would be subject to increased disclosure and regulatory protections....more

CFPB Creates Corporate Nonbank Enforcement Registry

The centralized repository would assist the CFPB and law enforcement in detecting patterns of misbehavior and recidivism adversely affecting consumers. On June 3, 2024, the Consumer Financial Protection Bureau (CFPB)...more

Texas Judge Halts CFPB Rule Limiting Credit Card Late Fees

The preliminary injunction was granted pursuant to Fifth Circuit precedent that the CFPB’s independent funding structure is unconstitutional. On May 10, 2024, the US District Court for the Northern District of Texas...more

CFPB Finalizes Rule Limiting Credit Card Late Fees

The rule targets a statutory loophole that the CFPB asserts large credit card issuers exploited to exact excessive late fees from consumers. On March 5, 2024, the Consumer Financial Protection Bureau (CFPB) finalized a...more

CFPB Proposes to Prohibit Non-Sufficient Funds Fees on Declined Transactions

As person-to-person payments become mainstream, the proposal would proactively outlaw fees that financial institutions could assess on instantaneously declined transactions. On January 24, 2024, the Consumer Financial...more

CFPB Proposes to Regulate Large Digital Wallet and Payment App Providers

The proposal would subject certain large non-bank companies offering wallet and payment services to federal regulatory oversight on par with banks and credit unions. On November 7, 2023, the Consumer Financial Protection...more

CFPB Set to Limit Credit Card Late Fees

The move becomes effective on October 1, 2023, with the Supreme Court soon to decide on the agency’s rule-writing authority. On February 1, 2023, the Consumer Financial Protection Bureau (CFPB) proposed a rule (the...more

Responsible Financial Innovation Act Offers Clarity, Safeguards for Digital Assets - Consumer Protection and State Money...

The RFIA would define consumer protection standards for digital assets and introduce new requirements regarding digital asset use in interstate money transfers. Latham & Watkins presents a blog series on the Responsible...more

CFPB Puts Fintechs in the Crosshairs

The agency just revived its dormant authority to supervise nonbank financial entities that it determines pose risk to consumers.  On April 25, 2022, the Consumer Financial Protection Bureau (CFPB) - the US government...more

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