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Federal Agencies Instructed to Minimize Effect of Medical Debt in Loan Considerations

On August 25, the Office of Management and Budget (OMB) directed federal agencies involved in originating consumer and small business loans — including the Small Business Administration, Department of Veterans Affairs,...more

Banking Groups Challenge CFPB’s RFI on Customer Service

Banking trade groups are challenging a request for information (RFI) issued by the Consumer Financial Protection Bureau (CFPB) regarding customer service at large financial institutions. In a joint letter dated August 22, the...more

CFPB Prioritizing Enforcement Over Education

On August 4, Consumer Financial Protection Bureau (CFPB or Bureau) Director Rohit Chopra spoke at the Philadelphia Federal Reserve Bank’s Sixth Annual Fintech Conference, arguing that enforcement actions rather than financial...more

Fair Lending 101 for Debt Collectors - The Consumer Finance Podcast [Audio]

Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues Stefanie Jackman and Sarah Reise as they discuss the intersection of fair lending with collections. They cover which types of...more

California Requests Feedback on Proposed Debt Collection Regulations Impacting Licensing, Reporting, and Records

On July 15, the California Department of Financial Protection and Innovation (DFPI) issued an invitation for comments on proposed additions to regulations implementing the Debt Collection Licensing Act (DCLA). According to...more

Recent CFPB Advisory Opinion Puts Pay-to-Pay Fees in Crosshairs

“Convenience” fees charged to consumers for the use of certain debt payment options have come under increased scrutiny, as regulators have sought to limit charges and other back-end fees that may come as a surprise to...more

US Chamber of Commerce Launches Campaign to Rein in CFPB

On June 28, the U.S. Chamber of Commerce (Chamber) launched a focused campaign to highlight what it describes as unlawful regulatory overreach by the Consumer Financial Protection Bureau (CFPB or Bureau) and, specifically,...more

Is CFPB’s UDAAP/Discrimination Announcement at Risk Under SCOTUS Decision in West Virginia v. EPA?

When the Consumer Financial Protection Bureau (CFPB or Bureau) unveiled its UDAAP exam manual at the end of March 2022, announcing that it had decided to interpret the word “unfair” in Dodd-Frank to prohibit discrimination,...more

CFPB Targets Convenience Fees in Latest Advisory Opinion

On June 29, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion focused on consumer debt collectors and the convenience fees they charge for some payments, such as online or by phone....more

Recent Trends in TCPA Litigation - The Consumer Finance Podcast [Audio]

Please join Troutman Pepper Partner Chris Willis and his guest and fellow Partner Stefanie Jackman as they discuss recent trends in Telephone Consumer Protection Act (TCPA) litigation, including how the landscape has changed...more

CFPB Deputy Director Takes Aim at “Rent-a-Bank Schemes”

In a keynote address at the Consumer Federation of America’s 2022 Consumer Assembly, CFPB Deputy Director Zixta Martinez squarely took aim at “rent-a-bank schemes” in some of the first (if not the first) such comments by a...more

CFPB Director Chopra Announces New Approach to Regulations

In a June 17 blog post, Consumer Financial Protection Bureau (CFPB or Bureau) Director Rohit Chopra announced that the CFPB intends to “move away from highly complicated rules” in favor of “simpler and clearer rules.” As part...more

CFPB Addresses Credit Reporting in Buy Now Pay, Later Market

In a blog post released June 15, the Consumer Financial Protection Bureau (CFPB) continued to show its interest in credit reporting by Buy Now, Pay Later (BNPL) lenders. Recognizing the importance of credit reporting to...more

CFPB Releases a Warning — But No Helpful Guidance — on Machine Learning Model Adverse Action Notices

On May 26, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that federal anti-discrimination law requires companies to explain to applicants the specific reasons for denying an application for credit or...more

CFPB Probes ‘Suppressed’ Credit Card Payment Reporting

On May 25, the Consumer Financial Protection Bureau (CFPB or Bureau) published a blog post, examining what it describes as the “practice of suppressing payment data.”...more

California Updates Debt Collectors on Processing Delays

On May 23, California’s Department of Financial Protection and Innovation (DFPI or Department) sent an email notifying license applicants and prospective license applicants that the issuance of licenses under the Debt...more

Connecticut Issues Cease and Desist Against Lead Generator

On May 4, the Connecticut Banking Commissioner issued a temporary order to cease and desist and order to make restitution against lead generator SoLo Funds Inc. (SoLo) for allegedly engaging in unfair, deceptive, and abusive...more

California DFPI Proposes Extensive Rules Relating to Companies’ Responses to Consumer Complaints

On May 20, California’s Department of Financial Protection and Innovation (DFPI or Department) announced that it had filed a Notice of Proposed Rulemaking with the Office of Administrative Law, inviting public comments on the...more

CFPB Issues Interpretive Rule Bolstering Enforcement Efforts by States

On May 19, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an interpretive rule, describing states’ authorities to pursue companies and individuals that allegedly violate any of the federal consumer financial...more

CFPB Launches New System to Promote Consistency Among Enforcers

On May 16, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that it will launch a new system to provide guidance to other agencies with consumer financial protection responsibilities on how the CFPB intends...more

CFPB’s 2021 Fair Lending Report Reframes Fair Lending to Include Nondiscrimination UDAAP Matters

On May 6, the Consumer Financial Protection Bureau (CFPB or Bureau) released its Fair Lending Report for 2021. As in 2020’s report, published last year, the CFPB shows that its focus remains on what it characterizes as...more

CFPB Supervisory Report Finds Issues in Several Financial Institution Practices

On May 2, the Consumer Financial Protection Bureau (CFPB or Bureau) released its Supervisory Highlights report on legal violations discovered during examinations in the second half of 2021....more

Southern District of New York Enjoins New York Sheriffs From Retroactively Enforcing New York’s Fair Consumer Judgment Interest...

On April 28, U.S. District for the Southern District of New York Judge Mary Kay Vyskocil issued an order, enjoining three named sheriffs in New York from enforcing the recently enacted New York Fair Consumer Judgment Interest...more

CFPB Releases Spanish Language Translations of Reg E Forms, Models, and Samples

On April 29, the Consumer Financial Protection Bureau (CFPB or Bureau) released Spanish language translations for certain model and sample forms included in the Prepaid Rule in Regulation E and for certain adverse action...more

CFPB Signals Increased Scrutiny Over Education Lenders

On April 18, the Consumer Financial Protection Bureau (CFPB or Bureau) published a blog post, scrutinizing the practice of withholding transcripts from students with delinquent accounts and who are attending an institute of...more

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