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CFPB Announces Plan to Review Offenses Carrying Criminal Penalties

On June 27, the Consumer Financial Protection Bureau (CFPB) issued a policy statement, “Guidance on Referrals for Potential Criminal Enforcement,” which outlines its plan to address criminal regulatory offenses within its...more

CFPB Issues Interim Final Rule Extending Small Business Lending Rule Compliance Deadlines

The Consumer Financial Protection Bureau (CFPB) recently issued an interim final rule (2025 interim final rule) delaying compliance deadlines for a second time for its small business lending data collection rule, which...more

CFPB Moves to Vacate Its Own Open Banking Rule Citing Legal Deficiencies and Overreach

On May 30, 2025, the Consumer Financial Protection Bureau (CFPB) took the rare step of asking the US District Court for the Eastern District of Kentucky to vacate the CFPB’s own final rule implementing Section 1033 of the...more

Trump CFPB Asserts Narrower Role for State Enforcement of Federal Consumer Law

On May 15, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule that rescinded a May 2022 interpretive rule regarding the extent of states’ enforcement authority under Section 1042 of the Consumer...more

CFPB Withdraws Guidance Documents in Shift from Nonbinding Policymaking

After ordering the review of all existing guidance put forth by the Consumer Financial Protection Bureau (CFPB), acting CFPB Director Russell Vought announced the withdrawal of almost 70 guidance documents dating back to the...more

Executive Order Seeks to Eliminate Federal Deployment of Disparate Impact Theory of Discrimination

In an April 23 executive order titled, “Restoring Equality of Opportunity and Meritocracy,” the Trump administration declared it federal policy to eliminate the use of disparate impact liability “in all contexts to the...more

Slimmed-Down CFPB to Focus on Bank Oversight, Concrete Consumer Harm

On April 16, the Consumer Financial Protection Bureau (CFPB) sent an internal memorandum to CFPB staff describing its 2025 supervisory and enforcement priorities. Not surprisingly, the memo highlights its intended departure...more

CFPB Targets Contractual Provisions That Limit Consumer Rights

On January 13, 2025, the Consumer Financial Protection Bureau (CFPB) proposed a rule to prohibit provisions in agreements for consumer financial products or services that “limit fundamental freedoms,” such as those that...more

CFPB Explores Options for Bringing Digital Payments Providers Under Privacy and Payments Laws

On January 10, 2025, the Consumer Financial Protection Bureau (CFPB) initiated rulemaking processes to examine and create a framework regarding data privacy and consumer protections in the digital payments industry. In a...more

CFPB Warns of Consumer Risks in Solar Financing and Sales Practices

The Consumer Financial Protection Bureau (CFPB ) recently published a report and an associated consumer advisory warning of risks to consumers from solar lending and encouraging consumers to shop for alternatives before...more

CFPB Reports on Potential ‘Junk Fees’ From School Lunch Payment Platforms

On July 25, 2024, the Consumer Financial Protection Bureau (CFPB) released a report on the costs and potential risks to families using electronic payment platforms to load money to their children’s school lunch accounts. The...more

CFPB Warns Against Deceptive Terms in Consumer Contracts

On June 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued Circular 2024-03 warning that the inclusion of “unlawful or unenforceable” terms in consumer contracts – particularly in the fine print of consumer...more

CFPB Issues Interpretive Rule Designating BNPL Providers as Card Issuers Subject to Regulation Z

On May 22, 2024, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule stating that providers of “buy now, pay later” (BNPL) products that issue “digital user accounts” to access credit products to...more

CFPB Hints at Future Regulatory Action Targeting Credit Card Rewards Programs

On May 9, 2024, the Consumer Financial Protection Bureau (CFPB) published a report highlighting common themes in complaints received from consumers, including mismatches between marketing and actual terms, devaluations of...more

CFPB Issues Final Rule to Reduce Credit Card Late Fees to $8 for Large Credit Card Issuers

On March 5, 2024, the Consumer Financial Protection Bureau (CFPB) issued a final rule amending provisions in Regulation Z that govern credit card late fee charges. The final rule follows the March 2023 release of the proposed...more

CFPB Proposes Increased Oversight of Digital Wallet and Payments Providers Through New Larger Participant Rule

On November 7, 2023, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (proposed rule) that would allow it to supervise digital wallet and payment app providers deemed “larger...more

CFPB Signals Desire to Expand Supervision of Nonbank Payments Firms

During remarks at a payments-focused event on October 6, 2023, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra signaled that the bureau intends to expand its oversight of digital payments and the companies...more

CFPB Mandates Additional Specificity in Adverse Action Communications Based on AI or Complex Credit Models

On September 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued Circular 2023-03 to provide creditors additional guidance for communicating denials of credit to consumers based upon artificial intelligence (AI)...more

CFPB Seeks Comments on Credit Card Company Penalty Policies

On June 22, 2022, the Consumer Financial Protection Bureau announced an advance notice of proposed rulemaking (ANPR) seeking comments from credit card issuers, consumer groups, and the public regarding credit card late fees...more

CFPB Revives Its Dormant Nonbank Authority to Supervise High-Risk Institutions

On April 25, 2022, the Consumer Financial Protection Bureau announced that it will invoke its authority under the Dodd-Frank Act to supervise “nonbanks whose activities the CFPB has reasonable cause to determine pose risks to...more

CFPB Continues Criticism of Industry Fees With Credit Card Late Fee Report

Overview - On March 29, 2022, the Consumer Financial Protection Bureau issued a report raising concerns about the late fee practices of credit card issuers. Although the report provides a general assessment of credit card...more

CFPB Leverages UDAAP Authority to Prohibit Discrimination in Noncredit Financial Products and Services

On March 16, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it will consider whether institutions are engaging in the “unfair” practice of discriminating, expanding its anti-discrimination efforts to...more

CFPB Requests Information on Consumer Financial Products or Services Fees

On January 26, 2022, the Consumer Financial Protection Bureau announced a request for information seeking comments related to fees charged to consumers in connection with selected products or services. The CFPB expressed...more

Fintech Focus: CFPB Updates FAQs, Scrutinizes Buy Now, Pay Later Companies and Fintech Lending

The Consumer Financial Protection Bureau (CFPB) has remained busy as we head into the final week of 2021. The agency released updated FAQs regarding the Electronic Fund Transfer Act (EFTA) and Regulation E, issued orders to...more

Alert: District Judge Sides With CFPB, Upholds Payday Rule’s Payment Provisions

On August 31, 2021, a federal district court judge in Texas granted summary judgment to the Consumer Financial Protection Bureau in a lawsuit brought by two industry trade associations, ultimately upholding the “payment...more

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