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2022 Year In Review - Consumer Finance

2022 saw a flurry of regulatory activity by federal enforcement agencies — most notably, the Consumer Financial Protection Bureau (CFPB, or Bureau) — as the industry began to experience the full effects of the change in...more

Trends in U.S. Paycheck Protection Program Class Actions

Early uncertainty and the initial lapse in appropriations for the U.S. CARES Act’s Paycheck Protection Program (PPP) set off a wave of litigation by disgruntled small businesses who have been unable to secure PPP loans. PPP...more

Court Rules Against Plaintiff Challenging Implementation of Paycheck Protection Program

Two financial institutions have now been sued in separate putative class action lawsuits concerning their implementation of the CARES Act’s Paycheck Protection Program (PPP), which is aimed at assisting small businesses keep...more

Financial Services Weekly Roundup - October 2018 #3

Editor's Note - Regulators Continue Push for Financial Innovation. Speaking at the American Bankers Association Annual Convention in New York City, Federal Deposit Insurance Corporation (FDIC) Chairman Jelena McWilliams...more

Regulators’ Implementation of the Economic Growth, Regulatory Relief and Consumer Protection Act

On October 2, 2018, the U.S. Senate’s Banking Committee held a hearing to review regulators’ implementation of the Economic Growth, Regulatory Relief and Consumer Protection Act (S.2155) since its passage in June. As framed...more

Trump Repeals CFPB’s Indirect Auto Lending Guidance

One month after the U.S. Senate and U.S. House of Representatives voted to repeal of the Consumer Financial Protection Bureau’s (CFPB’s) indirect auto lending guidance under a Congressional Review Act challenge, President...more

Senate Takes Steps to Repeal CFPB Indirect Auto Lending Guidance

On April 17, 2018, U.S. Senate Majority Leader Mitch McConnell (R-KY) announced that the Senate would seek to repeal the Consumer Financial Protection Bureau’s (CFPB’s) indirect auto lending guidance. The Senate passed a...more

Senate Passes Economic Growth, Regulatory Relief and Consumer Protection Act

On March 15, 2018, the U.S. Senate passed the Economic Growth, Regulatory Relief and Consumer Protection Act (S. 2155)–a bipartisan bill that LenderLaw Watch reported on as a piece of legislation to watch back in December. In...more

House Passes Bill to Lessen Financial Institutions’ Capital Requirements

On February 27, 2018, the U.S. House of Representatives passed H.R. 4296, which would reduce the operational capital requirements imposed on financial institutions. The bill passed with a 245-169 vote....more

CFPB’s Arbitration Rule Dies at Hands of Senate and President

Three months after the U.S. House of Representatives voted on July 25, 2017 to block the Consumer Financial Protection Bureau’s (CFPB) Arbitration Rule, the U.S. Senate followed suit. On October 24, 2017, the Senate passed a...more

House Prioritizes Housing Finance Reform

On October 3, 2017, the U.S. House of Representatives’ Financial Services Committee conducted a hearing on possible housing finance reform measures titled “Sustainable Housing Finance: An Update from the Director of the...more

House Contemplates Upheaving Federal Reserve’s Responsibilities

On September 12, 2017, the U.S. House of Representatives’ Financial Services Subcommittee on Financial Institutions and Consumer Credit and the Subcommittee on Monetary Policy and Trade conducted a joint hearing titled,...more

Future of CFPB’s Arbitration Rule Rests in Hands of Senate

On July 25, 2017, the U.S. House of Representatives voted to block the Consumer Financial Protection Bureau’s (CFPB) Arbitration Rule from becoming effective with a vote of 231 to 190. The vote was mostly down party lines and...more

Republicans File Congressional Review Act Challenge to CFPB’s Arbitration Rule

As LenderLaw Watch previously reported, on July 10, 2017 the Consumer Financial Protection Bureau (CFPB) released its Arbitration Rule, which blocks the use of mandatory arbitration clauses in consumer financial products and...more

CFPB Finalizes Arbitration Rule, Paving the Way for More Class Action Litigation

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) announced the release of its anticipated Arbitration Rule, opening the door for more consumer class actions against financial institutions concerning financial...more

House Passes Financial CHOICE Act

One month after the U.S. House of Representatives Financial Services Committee passed the Financial CHOICE Act, H.R. 10, with a 34 to 26 vote down party lines, the full House passed the bill on June 8, 2017 with a 233-186...more

Financial CHOICE Act Passes Committee

On May 4, 2017, the U.S. House of Representatives Financial Services Committee passed the Financial CHOICE Act, H.R. 10, with a 34-to-26 vote down party lines. The legislation, co-sponsored by Chairman Jeb Hensarling (R-TX),...more

CFPB Director Cordray Testifies Before House Financial Services Committee

On April 5, 2017, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray testified before the U.S. House of Representatives Financial Services Committee to present the CFPB’s semi-annual report, which is...more

DOJ Argues that CFPB Structure is Unconstitutional

On March 17, 2017, the Department of Justice (DOJ) filed an amicus brief in PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.), in which it argued that the Consumer Financial Protection Bureau’s (CFPB) single director structure is...more

DC Court of Appeals Orders Rehearing of PHH v. CFPB

On February 16, 2017, the United States Court of Appeals for the DC Circuit granted Respondent Consumer Financial Protection Bureau’s (CFPB) petition for rehearing en banc of PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.). In...more

Congressional Black Congress Urges President Not to Remove CFPB Director Cordray

On January 24, 2017, 38 members of the Congressional Black Caucus (CBC) sent a letter to President Trump urging him to cease any planned efforts to remove Consumer Financial Protection Bureau (CFPB) Director Richard Cordray....more

Senate Democrats Press Treasury Secretary Nominee Mnunchin for Views on Bank Regulation and Fair Lending Laws

On December 21, 2016, the ranking member of the U.S. Senate Banking, Housing and Urban Affairs Committee, Senator Sherrod Brown (D-OH), sent a pointed letter to President-elect Trump’s nominee for Treasury Secretary, Steven...more

Potential CFPB Reform in the Wake of the Election

The results of the recent election have led to speculation regarding what legal changes are in store for the consumer financial services industry and the CFPB in particular. Although President-elect Trump and other...more

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