It has been a little over two months since President Donald Trump returned to office, and since then, the Consumer Financial Protection Bureau (CFPB) has been in flux—to put it mildly. As of this writing, it is unclear...more
It has been a little over two months since President Donald Trump returned to office, and since then, the Consumer Financial Protection Bureau (CFPB) has been in flux—to put it mildly. As of this writing, it is unclear...more
On January 10, 2025, the Consumer Financial Protection Bureau (CFPB) revived its policy statements on No-Action Letters (NALs) and Compliance Assistance Sandbox (CAS) Approvals. These unexpected changes come just days before...more
1/17/2025
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
ECOA ,
EFTA ,
Enforcement Actions ,
Final Rules ,
Financial Regulatory Reform ,
Financial Services Industry ,
No-Action Letters ,
Policy Statement ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Sandbox ,
Truth in Lending Act (TILA)
On December 17, 2024, the Consumer Financial Protection Bureau (CFPB) issued its final rule implementing Section 307 of the 2018 Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) and amending...more
12/20/2024
/ Ad Valorem Tax ,
Clean Energy ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Covered Transactions ,
EGRRCPA ,
Final Rules ,
Financing ,
High-Priced Mortgage Loans (HPML) ,
HOEPA ,
Incentives ,
PACE ,
Property Improvements ,
Regulation Z ,
Residential Property Owners ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
Truth in Lending Act (TILA)
On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) published its highly anticipated notice of proposed rulemaking (NPRM) that would regulate data brokers and the sale of Americans’ personal and financial...more
12/6/2024
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Credit History ,
Credit Reports ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Sellers ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Proposed Rules ,
SBREFA
2024 has been an eventful year for the CFPB. As we detailed in June, the CFPB survived its second constitutional challenge at the Supreme Court in CFSA v. CFPB, and “[n]ewly emboldened, the CFPB’s already robust policy agenda...more
11/8/2024
/ Congressional Review Act ,
Consumer Credit Protection ,
Consumer Financial Protection Bureau (CFPB) ,
Data Brokers ,
Dodd-Frank ,
Enforcement ,
Fair Credit Reporting Act (FCRA) ,
FDIC ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Late Fees ,
Medical Debt ,
Open Banking ,
Overdraft Fees ,
Popular ,
Small Business ,
Trump Administration ,
UDAAP
In a move that has been a long time in the making, the Consumer Financial Protection Bureau (CFPB) has finalized its comprehensive open banking rule. The rule implements Section 1033 of the Dodd-Frank Act and grants consumers...more
With Loper Bright’s recent death blow to Chevron deference, some commentators have been predicting substantial constriction of the administrative state and the narrowing or limiting of the powers of federal regulators. For...more
7/25/2024
/ Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Applicants ,
ECOA ,
EFTA ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Race Discrimination ,
Regulation B ,
Regulatory Authority ,
RESPA ,
Statutory Interpretation
Yesterday, the Consumer Financial Protection Bureau (CFPB) released an interpretive rule stating that “Buy Now, Pay Later” (BNPL) providers are “card issuers” and “creditors” under the federal Truth in Lending Act (TILA) and...more
Continuing its vigorous effort to eliminate so-called “junk fees,” and detailing other problematic mortgage servicer activities, the Consumer Financial Protection Bureau (CFPB) recently released its Spring 2024 Supervisory...more
It is no secret that the Federal Deposit Insurance Corporation (FDIC) actively monitors its banks for compliance with Section 8 of the Real Estate Settlement Procedures Act (RESPA Section 8). However, in its March 2024...more
If you thought virtual reality was free from real-world regulations, think again. On April 4, 2024, the CFPB released an Issue Spotlight that dives deeply into a realm the agency had not previously traversed—video games and...more
4/18/2024
/ Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Fiat ,
Financial Transactions ,
Fraud ,
Money Laundering ,
Online Platforms ,
Payment Systems ,
UDAAP ,
Video Games ,
Virtual Currency ,
Virtual Reality
On March 8, 2024, the CFPB issued a blog post signaling a new front in its focus on “junk fees”—mortgage closing costs. Notably, the CFPB suggests that title insurance, credit report and appraisal, origination, and other...more
3/19/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Closing Costs ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Fees ,
Financial Services Industry ,
Mortgage Lenders ,
Mortgages ,
RESPA ,
Title Insurance ,
Truth in Lending Act (TILA)
After much anticipation, the Consumer Financial Protection Bureau (CFPB) has issued a final rule drastically reducing Regulation Z’s safe harbor fee amount for credit card late fees to $8 for card issuers that do not qualify...more
On February 29, 2024, the CFPB issued Consumer Financial Protection Circular 2024-01: Preferencing and steering practices by digital intermediaries for consumer financial products or services. The circular provides guidance...more
In January, New York Governor Kathy Hochul introduced a budget bill that proposed the headline-grabbing Buy Now Pay Later licensing regime. Less attention has been given to another proposed provision: adding a prohibition on...more
On February 12, 2024, the Federal Financial Institutions Examination Council (FFIEC) issued a statement of principles that relate to valuation discrimination and bias for its member entities to consider in preparation for...more
2/21/2024
/ Bias ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Discrimination ,
Examination Procedures ,
FDIC ,
FFIEC ,
FHFA ,
Financial Institutions ,
Financial Services Industry ,
Mortgages ,
NCUA ,
OCC ,
Policies and Procedures ,
Valuation