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Why Fintechs Can't Always Skip the State Licensing Maze for Earned Wage Access

Earned Wage Access (EWA) lets employees access wages they've already earned, but haven't yet been paid, typically through an app or digital service. For workers, this can mean avoiding payday loans or overdraft fees....more

Fifth Circuit Places Partial Stay on CFPB Small Business Lending Rule Amid Leadership Change

The Fifth Circuit Court of Appeals heard arguments in early February challenging the validity of the Consumer Financial Protection Bureau's (CFPB Small Business Lending Rule. The rule is being challenged by various industry...more

CFPB Proposes Revamping Mortgage Servicing Rules

The CFPB released its much-anticipated proposed update to the mortgage servicing rules last month that would make permanent many of the temporary servicing rules enacted in response to the COVID-19 pandemic. ...more

CFPB Homes in on Mortgage "Junk Fees"

Recent releases from the Consumer Financial Protection Bureau (CFPB) show that the mortgage industry is in the crosshairs of the CFPB's campaign against so-called junk fees. Earlier this year, the CFPB indicated its interest...more

Federal Regulators Continue their Focus on Fair Lending and Appraisal Bias

As 2024 gets off the ground, federal regulators are continuing their focus on fair lending issues. In February, the Federal Financial Institutions Examination Council (FFIEC) released a statement on examination principles...more

The CFPB’s Next Target in its War on “Junk Fees”: Overdraft Fees

Earlier in January 2024, the CFPB continued its crackdown on what it decries as “junk fees,” releasing a Proposed Rule to curb overdraft fees. The Proposed Rule could have a significant effect on the nature, availability, and...more

Declined: CFPB Proposes Rule to Limit Non-Sufficient Funds Fees

One week after the CFPB published its proposed rule restricting overdraft fees, the CFPB proposed yet another rule prohibiting nonsufficient funds fees (NSF fees) on transactions like declined debit card purchases and...more

C[FPB] You Later? Agency’s Future Hangs in the Balance After Oral Argument

On October 3, the Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, where the Court is reviewing the Fifth Circuit’s opinion that struck...more

Small Business Lenders Data Reporting Obligations Under Section 1071

The Consumer Financial Protection Bureau ("CFPB" or "Bureau") recently published a Small Entity Compliance Guide (the "Guide") regarding Section 1071 of the Dodd-Frank Act, which amended ECOA to require that financial...more

CFPB Requests Information on Data Brokers and Business Practices

The Consumer Financial Protection Bureau (CFPB) has issued a request for information (RFI) to examine the practices of data brokers and businesses involved in the collection, use, and sale of consumer information on March 15,...more

Federal Appeals Court Finds CFPB Unconstitutionally Funded, Structured

The Consumer Financial Protection Bureau (CFPB) has once again been found to be unconstitutionally structured. The ruling is a win for CFPB critics and calls into question most actions taken by the agency....more

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