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When Did You Last Review Your Consumer Contracts?

A CFPB Circular from June bears additional scrutiny from across the financial services spectrum. Despite most courts allowing “savings” clauses in contracts, the Consumer Financial Protection Bureau (CFPB) indicates that the...more

Who is Paying Who: The Employee or the Employer?

Since 2022, the Consumer Financial Protection Bureau (CFPB) has a stated priority of “protecting employees and their rights through conducting reports, inquiries, and issuing requirements for employers.” In July 2024, the...more

Analysis of CFPB Developments Regarding the BNPL Industry

Since the early 2010s, there has been explosive growth in the Buy Now Pay Later ("BNPL") space. One of the early players—Affirm—was founded in 2012 by a co-founder of PayPal. By 2022, there are dozens of players in the BNPL...more

Continued Support for AI from the Financial Services Regulators

On March 29, 2021, the primary federal bank regulators (the Federal Reserve, CFPB, the FDIC, the NCUA, and the OCC) issued a request for information to gain input on the growing use of Artificial Intelligence (“AI”) by...more

FinTech Charters and Modernization of Financial Services Regulations

The Consumer Financial Protection Bureau (“Bureau” or “CFPB”) Taskforce on Federal Consumer Financial Law (“Taskforce”) released a two-volume report, on January 5, 2021, providing an examination of the existing legal and...more

CFPB Grants Two Companies Entry Into its Compliance Sandbox

The Consumer Financial Protection Bureau (CFPB) issued two separate approval orders on Dec. 30 to Synchrony Bank and Payactiv, Inc. under the CFPB’s Policy on the Compliance Assistance Sandbox (“Sandbox Policy”). The...more

CFPB Director Kraninger Signals More Enforcement Coming This Year

CFPB Director Kathleen L. Kraninger appeared Before the Senate Committee on Banking, Housing, and Urban Affairs on July 29 to deliver the Bureau’s most recent Semi-Annual Report to Congress. This report was particularly...more

CFPB Announces Plan to Issue an ANPR on Consumer-Authorized Access to Financial Records

The CFPB announced its plan to issue an advance notice of proposed rulemaking (“ANPR”) on consumer-authorized access to financial records. The announcement follows a symposium on the topic, which was hosted by the Bureau this...more

CFPB Kills Payday Mandatory Underwriting

Earlier this week, the CFPB announced a final rule covering small dollar lending which rescinds the mandatory underwriting provisions of the 2017 Payday Lending Rule. ...more

CFPB Highlights the Growing Role of Artificial Intelligence in the Delivery of Financial Services

The Consumer Financial Protection Bureau ("CFPB") has published guidance on July 7, 2020 which highlights the potential use of Artificial Intelligence (“AI”) in the delivery of financial services—particularly in credit...more

[Webinar] In the Trenches: Operating During the Crisis -- CFPB Agenda for 2021 and Beyond - July 16th, 11:00 am - 12:00 pm EDT

The impact of the coming election, current pandemic and recent SCOTUS decision all have enormous impacts on the CFPB and the regulation of consumer finance. Join us for a review of the probable direction of the CFPB and what...more

Just Before the Super Bowl, the D.C. Circuit in PHH Mortgage gives Industry a Field Goal, Withholds Touchdown

Following nearly three years of litigation, the D.C. Circuit handed down a 7 to 3 ruling in PHH Corp. v. Consumer Financial Protection Bureau. The two hundred fifty page opinion addressed not only the constitutional...more

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