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CFPB Issues Small Business Data Collection Proposed Rule

On September 1, 2021, the Consumer Financial Protection Bureau (CFPB or “Bureau”) issued its long-awaited small business lending data collection proposed rule (“Proposed Rule” or “Proposal”). The Proposed Rule would implement...more

Madden Put To Rest? – OCC Finalizes Rule Reaffirming “Valid When Made” Doctrine

On May 29, 2020, the Office of the Comptroller of the Currency (OCC) finalized a rule that reaffirms the “valid when made” doctrine applicable to loans originated by a national bank. According to Acting Comptroller of the...more

CFPB Issues Guidance Concerning COVID-19-Related Regulatory Pain Points

On May 13, 2020, the Consumer Financial Protection Bureau (CFPB) issued three guidance documents designed to aid financial institutions in assisting consumers in the context of the COVID-19 pandemic: 1.A statement...more

NY Governor Cuomo Orders Power To Require Waiver Of Deposit Fees During COVID-19 Emergency

As Congress scrambles to pass a stimulus package to alleviate financial strain due to the COVID-19 pandemic, federal regulators and some states are directing financial institutions to provide immediate relief. So far,...more

CFPB Releases Fourth Report on the Consumer Credit Card Market

On August 27, 2019, the Consumer Financial Protection Bureau (CFPB or Bureau) released its fourth biennial report on the consumer credit card market (2019 Report or Report). The Report summarizes the CFPB’s views on the...more

HUD Proposes Rule That Could Make it Harder to Bring Housing Discrimination Lawsuits

On August 20, 2019, the U.S. Department of Housing and Urban Development (HUD) published a notice of proposed rulemaking (“Proposed Rule”) seeking public comment on amendments to its regulation implementing the disparate...more

Treatment of Educational ISAs Under Federal and Select State Anti-Discrimination Statutes

In this paper, we consider whether educational income share agreements (“ISAs”) are subject to federal and state equal access and anti-discrimination laws. When an ISA provider (“Provider”) sets the terms of an ISA, the...more

Secured Overnight Financing Rate and the Future of the Mortgage Market

On July 11, Fannie Mae and Freddie Mac (the GSEs) announced their plans to develop new adjustable rate mortgage products that would rely on the Secured Overnight Financing Rate (SOFR) instead of LIBOR. Given the GSEs’...more

Policy Makers Examine the Disparate Impact Risk of Artificial Intelligence and Underwriting

Policy makers are showing increasing concern in the fair lending implications of artificial intelligence (AI) in credit underwriting. The concerns surrounding AI echo views on credit scoring and automated underwriting systems...more

CFPB Announces Public Comment Extension on HMDA Reconsideration

On June 27, 2019, the CFPB extended the deadline for public comments on its advance notice of proposed rulemaking (ANPR) relating to the Bureau’s 2015 Rule addressing the Home Mortgage Disclosure Act (HMDA). The ANPR, issued...more

CFPB Proposes Revisions to Small-Dollar Loan Rule

On February 6, 2019, amidst strong opposition from representatives of consumer groups and some members of Congress, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule to revise its controversial November...more

CFPB Issues FAQs for the TRID Rule

The Consumer Financial Protection Bureau (CFPB) has posted a new compliance tool on its website - answers to frequently asked questions (FAQs) about the TILA-RESPA Integrated Disclosure Rule (“TRID Rule”). Apparently in...more

CFPB Initiates Fourth Review of the Consumer Credit Card Market

On January 31, 2019, the Consumer Financial Protection Bureau (CFPB or Bureau) published a Request for Information (2019 RFI) regarding the consumer credit card market. In accordance with Section 502(a) of the Credit Card...more

FDIC Enters Consent Order with Bank Regarding Prepaid Card Disclosures

On March 7, 2018, the Federal Deposit Insurance Corporation (FDIC) entered into a consent order with The Bancorp Bank for allegedly making inaccurate disclosures concerning the amount of transaction fees assessed on certain...more

OCC Releases Semiannual Risk Perspective: Fintech is Risky?

On July 7, 2017, the Office of the Comptroller of the Currency (“OCC”) released its Semiannual Risk Perspective report (the “Report”) identifying the risks faced by national banks and federal savings associations in the ...more

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