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White House, CFPB, FTC Advance "Junk Fee" Crackdown

On Oct. 11, 2023, the White House released a fact sheet describing new and forthcoming actions taken by the Biden administration that continue its focus on so-called “junk fees.” The announcement highlighted efforts between...more

DOL Proposes Changes to Employees’ Overtime Pay

On Aug. 30, 2023, the Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) about employer obligations related to overtime pay. The NPRM would put significant new burdens on a variety of industries,...more

End-of-Year Health Care Congressional Activities

Congress has concluded a flurry of activity ahead of the August recess, which includes considering dozens of key public health programs that expire on Sept. 30, including Community Health Centers, the Pandemic Preparedness...more

Colorado Bill Adds New Rental Agreement Prohibitions Effective Aug. 7

A bill adding to the list of prohibited provisions in rental agreements recently became law in Colorado. Although the state already had rules in place for what can appear in rental agreements, HB 23-1095 adds prohibitions...more

A Quiet Policymaking Power Grab

Federal agencies look to expand regulatory reach using sweeping UDAAP and UDAP authority - With active regulatory agendas at several federal agencies and what seems like back-to-back hearings considering legislative...more

Treasury’s FIO Releases Report: ‘Insurance Supervision and Regulation of Climate-Related Risks’

The Treasury Department’s Federal Insurance Office (FIO) released a report on June 26 calling on state regulators to refine efforts to evaluate climate change risks in insurance markets. The report comes amid some insurers...more

FHFA Commits to Flexible Timeline for Transitioning Credit Score Model Validation

Stemming from the Federal Housing Finance Agency’s (FHFA) 2019 validation and approval of credit score models final rule, the FHFA announced in October 2022 that Fannie Mae and Freddie Mac, the government-sponsored...more

GOP Moves Forward on Bill to Force CFPB Transparency

On April 26, the House Financial Services Committee held a markup of 15 bills, including H.R. 2798, the CFPB Transparency and Accountability Reform Act, sponsored by Rep. Andy Barr (R-KY). The bill includes provisions from...more

D.C. Policymakers Take Aim at Tenant Screening Issues

This week the U.S. Department of Housing and Urban Development (HUD) announced plans for additional steps it plans to take related to criminal history screening. This comes on the heels of the Consumer Financial Protection...more

OMB Contemplates Changes to Buy America Guidance

The Office of Management and Budget (OMB) received nearly 2,000 comments on its proposed revisions to the guidance that will govern how Build America, Buy America Act (BABA) requirements codified in the Infrastructure...more

Bank Failures Spark Liquidity Injection from FHLBanks

On Monday, March 13, the Federal Home Loan Bank (FHLBank) system issued a single-day record of $88.7 billion in short-term, floating-rate notes with maturities ranging from three months to one year. The system originally...more

FHFA Releases Fannie Mae and Freddie Mac Framework

On Thursday, Feb. 23, the Federal Housing Finance Agency (FHFA) announced a proposed rule to amend the Enterprise Regulatory Capital Framework (ERCF) for Fannie Mae and Freddie Mac (the Enterprises). FHFA indicated that the...more

Supreme Court Agrees to Hear CFPB Constitutionality Case

On Monday, the U.S. Supreme Court announced that it has agreed to review the Fifth Circuit’s decision in Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA). The decision...more

Biden Delivers Second State of the Union

President Joe Biden delivered his second State of the Union address on Feb. 7, facing a divided Congress for the first time in his presidency. Biden opened with a show of bipartisanship, drawing cheers as he congratulated the...more

The Biden Administration Announces New Actions Related to Rental Affordability

On Jan. 25, 2023, the Biden administration announced new federal actions impacting renters and housing market participants throughout the nation. In connection with this announcement, the Biden administration released its...more

U.S. Government Reaches Debt Limit: Current Landscape and Key Takeaways

On Jan. 19, 2023, the United States government reached its $31.4 trillion borrowing limit, which was signed into law (P.L. 117-73) by President Joe Biden on Dec. 16, 2021. Last week, Treasury Secretary Janet Yellen wrote to...more

Congress Releases FY23 Omnibus Funding Bill

The Senate Appropriations Committee released the contents of a bipartisan $1.7 trillion omnibus package for fiscal year (FY) 2023 early on Dec. 20. Topline funding levels were agreed to last week as part of a deal to pass a...more

FHFA Continues Its Comprehensive Review of the FHLBank System

This summer, Sandra Thompson, the director of the Federal Housing Finance Agency (“FHFA”), announced, as part of her testimony to the House Financial Services Committee, that the FHFA would be undergoing a comprehensive...more

White House, CFPB and FTC Continue Down Path to Eliminate “Junk Fees”

In late October, the Consumer Financial Protection Bureau (CFPB), in conjunction with the White House, announced more actions in regard to limiting what they have collectively negatively labeled as “junk fees” as well as...more

Constitutionality of CFPB Funding Structure in the Crosshairs

Last week, the U.S. Court of Appeals for the Fifth Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) independent funding mechanism is unconstitutional. Under the Dodd-Frank Act, the CFPB is not funded...more

New Legislation Would Expand the Telephone Consumer Protection Act

Several Democratic members of the U.S. House of Representatives, including the chairman of the House Oversight and Reform Subcommittee on Economic and Consumer Policy, recently introduced the Robotext Scam Prevention Act (HR...more

Crackdown on Consumer Fees Continues at Federal Agencies

A new Federal Trade Commission (FTC) Notice of Proposed Rulemaking (NPRM) concerning advertising, add-on products and new disclosures in the motor vehicle marketplace could have a major impact on industry participants. Using...more

CFPB Director’s Testimony Provides Glimpses into Overdraft Protection Plans

On Capitol Hill this week during Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra’s testimony for the Semi-Annual Report, members of Congress touched on several hot button issues impacting financial service...more

U.S. Competitiveness Package: Recent Developments, Anticipated Timeline and Conferees

Congress is attempting to initiate a bicameral conference process to rectify the differences between the House and Senate competitiveness packages—the U.S. Innovation and Competition Act (USICA, S.1260), which passed the...more

House and Senate Pass $1.5 Trillion Omnibus

House and Senate leaders announced the release of a $1.5 trillion bipartisan omnibus package for fiscal year (FY) 2022 on March 9. The agreement also encompasses an emergency supplemental for Ukraine security and humanitarian...more

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