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Crypto Policy Questions Linger Weeks After Historic Banking Crisis

The crypto industry is at a critical juncture: As it continues to operate absent clear regulatory guidance (other than by enforcement) and prospects dim for legislation that would create a roadmap for regulation—the...more

SVB and Signature Bank Fallout: How to Assess Your Legal Risk and Next Steps

The failure of two large banks in California and New York and the historic fallout has left a quagmire of unanswered questions and crises for businesses who had worked with them—and those who may feel the ricocheting effects...more

Biden Administration Announces Crackdown on “Junk Fees”

On Feb. 1, 2023, the Biden administration released a fact sheet describing actions taken by the White House that continue a focus on so called “junk fees.” The announcement, which was done along with several independent...more

CFPB Proposes Big Brother Tactics for Consumer Contracts

On Jan. 11, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule that would require nonbanks under its supervisory authority, subject to limited exceptions, to annually register information about...more

Industry Groups Weigh in Before the U.S. Supreme Court on FCRA Preemption Issue

Multiple financial services industry trade associations submitted arguments to the U.S. Supreme Court this week supporting the Consumer Data Industry Association’s (“CDIA”) petition for review of whether the Fair Credit...more

CFPB Invites Comments on Proposed Registry of Nonbank Financial Firms

Seeking to “enhance market monitoring and risk-based supervision efforts,” the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has proposed a new, online registry of nonbank financial firms in order to track, what...more

FHFA Continues Its Comprehensive Review of the FHLBank System

This summer, Sandra Thompson, the director of the Federal Housing Finance Agency (“FHFA”), announced, as part of her testimony to the House Financial Services Committee, that the FHFA would be undergoing a comprehensive...more

CFPB Funding Structure Heads to Supreme Court in the Wake of Election

As the financial services industry continues to digest what is known so far about election results, a new twist for 2023 emerged this week when the Consumer Financial Protection Bureau (CFPB) put the question of the...more

White House, CFPB and FTC Continue Down Path to Eliminate “Junk Fees”

In late October, the Consumer Financial Protection Bureau (CFPB), in conjunction with the White House, announced more actions in regard to limiting what they have collectively negatively labeled as “junk fees” as well as...more

Constitutionality of CFPB Funding Structure in the Crosshairs

Last week, the U.S. Court of Appeals for the Fifth Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) independent funding mechanism is unconstitutional. Under the Dodd-Frank Act, the CFPB is not funded...more

Hunstein Decision Informs Financial Services Industry Use of Third Party Vendors

More than a year ago on April 21, 2021, the 11th Circuit Court of Appeals issued an opinion in Hunstein v. Preferred Collection and Management Services Inc. that rocked the world of the debt collection industry, and the...more

New Credit Score Models and Credit Reporting Are a Focus of Federal Agencies

As the topic of credit reporting and credit scoring remains front and center at several federal agencies, a major Federal Housing Finance Agency (FHFA) decision, stemming from a 2019 final rule regarding credit score...more

CFPB Director’s Testimony Provides Glimpses into Overdraft Protection Plans

On Capitol Hill this week during Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra’s testimony for the Semi-Annual Report, members of Congress touched on several hot button issues impacting financial service...more

CFPB Blog Hints at Expanding FDCPA to Commercial Collections

The Consumer Financial Protection Bureau (CFPB) and Congress have both signaled an interest in expanding the scope of the Fair Debt Collection Practices Act (FDCPA) to cover commercial debt, a move that would likely subject...more

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