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CFPB Credit Card Late Fee Rule Vacated by Banking Trade Group Lawsuit

The CFPB's 2024 final rule on credit card late fees has been vacated as a result of the lawsuit filed by several banking industry trade groups challenging the rule’s validity....more

CFPB Signals Significant Changes to Small Business Lending Rule: New Section 1071 Rulemaking Forthcoming

The Consumer Financial Protection Bureau (CFPB or Bureau) recently announced that it plans to revisit – and potentially revise – its controversial small business data collection rule implementing Section 1071 of the...more

California Seeks to Expand DFPI’s Consumer Finance Enforcement Authority with Senate Bill 825

California Senate Bill 825 is aimed at expanding the state’s authority to enforce its consumer finance laws by eliminating an existing exemption for persons licensed by the Department of Financial Protection and Innovation...more

CFPB Shifts Course on Buy Now, Pay Later: Interpretive Rule Revoked, Legal Challenge Implications

The Consumer Financial Protection Bureau (CFPB) recently announced a significant change in its approach to the burgeoning "buy now, pay later" (BNPL) market. The Bureau has announced plans to revoke its May 2024 interpretive...more

New York’s FAIR Business Practices Act: State Regulators Begin Expansion of Consumer Protection Authority

On March 13, 2025, New York State took a significant step towards bolstering its consumer and small business protections with the introduction of the Fostering Affordability and Integrity Through Reasonable (FAIR) Business...more

Mind the Fine Print: CFPB Warns Against Use of Unenforceable Terms and Conditions

In a move that underscores the importance of clarity and accuracy in consumer-facing terms and conditions, the Consumer Financial Protection Bureau recently issued Circular 2024-03, addressing the use of unlawful or...more

New CFPB Rule Classifies “Buy Now, Pay Later” Lenders as Credit Card Issuers

On May 22, 2024, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule that redefines the regulatory framework for Buy Now, Pay Later (BNPL) lenders, aligning them with traditional credit card providers...more

CFPB Considering Increased Regulation of Credit Card Rewards Programs

On May 9, 2024, the CFPB released a comprehensive report detailing its findings on challenges reported by consumers regarding their credit card rewards programs. This report, as well as remarks made by CFPB Director Rohit...more

Consumer Financial Protection Bureau Releases Final Rule Limiting Credit Card Late Fees

In March the Consumer Financial Protection Bureau (CFPB) announced a final rule intended to limit late payment fees on consumer credit cards distributed by the larger credit card issuers (the “Final Rule”). The Final Rule,...more

CFPB Aiming to Regulate Non-bank Payments Providers

With a proposed rule released last month (the “Proposed Rule”), the Consumer Financial Protection Bureau (“CFPB”) aims to regulate larger nonbank providers of digital wallets, payment apps, and similar services. The Proposed...more

New California Regulation Extends UDAAP Prohibitions to Commercial Financing

While federal and state laws have long prohibited providers of financial services from engaging in unfair, deceptive, and abusive acts and practices (“UDAAP”), such prohibitions typically apply only to consumer-purpose...more

Creditors Using AI Underwriting Must Provide Specific Reasons for Adverse Action

Artificial intelligence (“AI”) and complex credit models may help lending institutions make decisions on credit applications more efficiently, but they’re also inviting increased scrutiny from regulators. On September 20,...more

CFPB Publishes Outline Detailing Planned Data Broker Rule

On September 15, 2023, the CFPB issued an outline of its proposal to promulgate a rule under the Fair Credit Reporting Act (“FCRA”) which would regulate the consumer data collection and selling activities of data brokers. The...more

Banks that Reopen Closed Deposit Accounts May Be Engaged in Unfair Practices

The Consumer Financial Protection Bureau (“CFPB”) has issued a warning to financial institutions regarding the reopening of deposit accounts that had been closed by consumers. In Circular 2023-02 (the “Circular”), the CFPB...more

In Cross River Consent Order, FDIC Focuses on Marketplace Lending and Third Party Lending Issues

The Federal Deposit Insurance Corporation (“FDIC”) recently entered into a consent order with Cross River Bank (“CRB”) addressing what the FDIC considered to be unsafe and unsound banking practices associated with CRB’s fair...more

5/17/2023  /  Banking Sector , Banks , Fair Lending , FDIC

Federal Reserve Board Announces Bank Term Funding Program to Help Safeguard Deposits

On Sunday, March 12, 2023, the Federal Reserve Board (“FRB”) announced the creation of the Bank Term Funding Program (“BTFP”). The program will offer loans of up to one year in length to banks, savings associations, credit...more

Silicon Valley Bank and the Impact of FDIC Bank Receiverships

On March 10, 2023, the California Department of Financial Protection and Innovation announced that it had closed down Silicon Valley Bank (“SVB”), a financial institution known for its services to start-ups and the venture...more

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