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CFPB publishes Spring 2022 rulemaking agenda

The CFPB has published its Spring 2022 rulemaking agenda as part of the Spring 2022 Unified Agenda of Federal Regulatory and Deregulatory Actions. The agenda’s preamble indicates that the information in the agenda is current...more

CFPB terminates Payactiv sandbox approval order

The CFPB has issued an order terminating the approval order issued in December 2020 to Payactiv, Inc. through the CFPB’s Compliance Assistance Sandbox (CAS) Policy....more

CFPB takes first formal step toward new rulemaking on credit card late fees

The CFPB has taken the first formal step towards a new rulemaking on credit card late fees by issuing an Advance Notice of Proposed Rulemaking (ANPR).  Comments on the ANPR must be received by July 22, 2022....more

CFPB issues interpretive rule on FCRA preemption

The CFPB has issued an interpretive rule on the scope of the Fair Credit Reporting Act’s preemption provisions.  The rule’s narrow reading of those provisions appears intended to encourage and support state legislative...more

Simplification and possible registration of nonbanks on CFPB rulemaking table

CFPB rulemaking was the subject of a new blog post by Director Chopra published last week titled “Rethinking the approach to regulations.”...more

CFPB issues request for information on relationship banking and customer service

The CFPB has issued a request for information (RFI) that seeks comments from the public “on what customer service obstacles consumers face in the banking market, and specifically what information would be helpful for...more

Bank/nonbank partnerships could face CFPB scrutiny

Delivering the keynote address last week at the Consumer Federation of America’s 2022 Consumer Assembly, CFPB Deputy Director Zixta Martinez indicated that the CFPB “is taking a close look” at “’rent-a-bank’ schemes.”...more

CFPB outlines BNPL expectations

The CFPB’s new blog post titled “Buy Now, Pay Later and Credit Reporting” appears intended to send a message about the CFPB’s expectations to industry.  ...more

Ninth Circuit rejects CashCall’s challenge to CFPB’s constitutionality, affirms liability of CashCall and its CEO for CFPA...

The U.S. Court of Appeals for the Ninth Circuit, in CFPB v. CashCall, has rejected CashCall’s constitutional challenge, affirmed the district court’s finding that the corporate defendants and its CEO were liable for engaging...more

CFPB issues new circular on application of ECOA adverse action notice requirements to credit decisions using algorithms 

Under Director Chopra’s leadership, the CFPB has regularly been sounding alarms about the potential for discrimination arising from the use of so-called “black box” credit models that use algorithms or other artificial...more

CFPB sends letters to CEOs of major credit card issuers regarding payment furnishing practices

The CFPB has sent letters to the chief executive officers of five major credit card issuers regarding their companies’ payment furnishing practices....more

CFPB scraps no action letter and compliance assistance sandbox programs and creates new Office of Competition and Innovation

The CFPB announced earlier this week that as part of a new approach to innovation in consumer finance, it is replacing its Office of Innovation and Operation Catalyst with a new office, the Office of Competition and...more

New CFPB interpretive rule outlines broad state CFPA enforcement authority

The CFPB has issued a new interpretive rule regarding the authority of state attorneys general and state regulators (State Officials) to enforce the Consumer Financial Protection Act (CFPA). ...more

CFPB announces launch of new system for providing guidance and issues first Circular; FDIC issues final rule on misuse of FDIC...

Just one day after announcing that it was launching a new system to provide guidance to other agencies with consumer financial protection responsibilities on how the CFPB intends to enforce federal consumer financial laws,...more

En Banc Fifth Circuit Rules CFPB Enforcement Action Can Proceed Against All American Check Cashing, but Concurring Opinion Creates...

The en banc U.S. Court of Appeals for the Fifth Circuit has ruled that the CFPB’s enforcement action against All American Check Cashing can proceed despite the unconstitutionality of the CFPB’s...more

CFPB fines bank $10 million for conduct related to bank account garnishments and account agreements

The CFPB recently ordered a bank to cancel garnishment fees, review its system for processing garnishment orders, cease using contracts which limit consumer rights, and pay a $10 million penalty to the CFPB’s Civil Penalty...more

CFPB issues annual fair lending report (UPDATED)

The CFPB recently issued its annual fair lending report covering its fair lending activity in 2021. ...more

CFPB issues advisory opinion affirming ECOA’s application to existing borrowers

The CFPB has issued a new advisory opinion “to affirm that the Equal Credit Opportunity Act (ECOA) and Regulation B protect those actively seeking credit and those who sought and received credit.”...more

En banc Fifth Circuit rules CFPB enforcement action can proceed against All American Check Cashing but concurring opinion creates...

The en banc U.S. Court of Appeals for the Fifth Circuit has ruled that the CFPB’s enforcement action against All American Check Cashing can proceed despite the unconstitutionality of the CFPB’s...more

CFPB Spring 2022 Supervisory Highlights looks at auto servicing, credit reporting, credit card account management, debt...

The CFPB has released the Spring 2022 edition of its Supervisory Highlights. The report discusses the Bureau’s examinations in the areas of auto servicing, consumer reporting, credit card account management, debt collection,...more

Signaling more joint enforcement with states, CFPB files lawsuit with NY Attorney General against “repeat offender” MoneyGram

The CFPB and the New York Attorney General have filed a lawsuit in a New York federal district court against MoneyGram International, Inc. and MoneyGram Payment Systems, Inc. (MoneyGram) in which they allege that MoneyGram...more

CFPB issues report on consumer complaints involving medical debt; Biden Administration announces actions relating to medical debt

Just a little more than a month after issuing a report taking aim at medical debt collections, the CFPB has issued a new report on “Medical billing and collection issues described in consumer complaints.”...more

CFPB announces plans to supervise more nonbanks

The CFPB has announced that it plans to invoke its “dormant authority” to supervise nonbanks engaged in conduct that poses risk to consumers. In conjunction with the announcement, the CFPB issued a procedural rule concerning...more

CFPB issues annual FDCPA report; FTC issues annual letter on debt collection to CFPB

The CFPB has issued its annual Fair Debt Collection Practices Act report covering the CFPB’s debt collection activities in 2021. The report incorporates information from the FTC’s most recent annual letter to the CFPB...more

CFPB issues report on credit card late fees

The CFPB has issued a report titled “Credit card late fees” that discusses the consumer impact of late fees by card type, credit score, and geography, and market reliance on late fees. (Late fees are also among the fees at...more

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