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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

New Commercial Financing Requirements Become Effective in Connecticut and Kansas

Over the past several years, many states have considered and enacted requirements requiring commercial financing providers to give disclosures when extending commercial financing....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

Harder, Better, Faster, Stronger: The New Interagency Rule for the Community Reinvestment Act

After more than five years—with competing developments at times—the federal banking agencies (Federal Reserve, OCC, and FDIC) have revamped the regulations that implement the Community Reinvestment Act (CRA). The final...more

Breaking Down the Proposed Rule to Bail In More Banks

As part of the continuing financial regulatory reform efforts following the 2023 bank failures, the FDIC, the OCC, and the Federal Reserve issued a proposed rule that would generally require large banks and thrifts with total...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

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