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McGlinchey Stafford

Podcast: Deep Dive into Unsecured Lending [More with McGlinchey, Ep. 79]

McGlinchey Stafford on

The next episode in McGlinchey’s Deep Dive into Lending series takes a close look at unsecured lending with insights from Aaron Kouhoupt and Adam Maarec. They discuss innovations in loan applications, underwriting, and...more

Cozen O'Connor

Hundreds of Millions Lost by Seniors Due to Bankruptcies Filed by CCRC Communities

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The Wall Street Journal has reported that recent bankruptcies nationwide in the Continuing Care Retirement Community (CCRC) segment of the long-term care marketplace have resulted in residents losing their buy-in deposit....more

Orrick, Herrington & Sutcliffe LLP

Navigating Regulation E Risk in Banking as a Service Models

In the consumer deposits and payments products space, the banking as a service (BaaS) model creates significant opportunities for fintech innovation and consumer choice — but BaaS arrangements have also drawn the attention of...more

Orrick, Herrington & Sutcliffe LLP

CFPB withdraws notice on certain contract terms, citing duplication

On May 15, the CFPB published a Federal Register notice withdrawing its proposed rule regarding prohibited terms and conditions in agreements for consumer financial products or services under Regulation AA. The withdrawal...more

Cooley LLP

CFPB Withdraws Guidance Documents in Shift from Nonbinding Policymaking

Cooley LLP on

After ordering the review of all existing guidance put forth by the Consumer Financial Protection Bureau (CFPB), acting CFPB Director Russell Vought announced the withdrawal of almost 70 guidance documents dating back to the...more

Orrick, Herrington & Sutcliffe LLP

District court approves CFPB’s $43M penalty against company owner

On May 1, the U.S. District Court for the Northern District of Illinois approved the CFPB’s request for restitution and a civil monetary penalty against a defendant for violations of the CFPA and the Telemarketing Sales Rule....more

Sheppard Mullin Richter & Hampton LLP

Indiana Enacts Earned Wage Access Law 

On May 6, Indiana Governor Mike Braun signed House Enrolled Act No. 1125 into law, making Indiana the latest state to enact a statutory framework for regulating earned wage access (EWA) products. The Indiana Earned Wage...more

Sheppard Mullin Richter & Hampton LLP

CFPB Drops Suit Against Credit Card Company Alleging TILA Violations and Deceptive Marketing Practices

On April 23, the CFPB voluntarily dismissed with prejudice its lawsuit, filed in September 2024, against a Pennsylvania-based credit card company that had been accused of unlawfully marketing a high-cost, limited-use...more

Cozen O'Connor

The State AG Report – 04.17.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Illegal E-Cigarette Sales Targeted by AG Enforcement...more

Orrick, Herrington & Sutcliffe LLP

CFPB files amended complaint against bank following court’s denial

On March 13, the CFPB filed an amended complaint against a Texas bank alleging violations of the CFPA, the EFTA, and its implementing Regulation E. The complaint related to a program in which the bank managed federal benefit...more

A&O Shearman

PSR publishes policy statement on 2024 APP scams data

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The UK Payment Systems Regulator (PSR) has published a policy statement outlining its approach to publishing authorised push payment (APP) scams data for 2024. In 2025, the PSR will take a different approach to publishing...more

Katten Muchin Rosenman LLP

The Latest Attack on Consumer Arbitration Agreements

The war against arbitration agreements continues apace. The latest volley comes from the U.S. Court of Appeals for the Fourth Circuit, Johnson v. Continental Finance Company, LLC, No. 23-2047 (4th Cir. Mar. 11, 2025). In...more

Sheppard Mullin Richter & Hampton LLP

CFPB Drops Two More Major Lawsuits 

The CFPB has recently dismissed two more enforcement actions—one against a major credit reporting agency and another against a lease-to-own financing provider. Both lawsuits involved allegations of abusive, unfair, and...more

Goodwin

2024 Year in Review: Cards, Payments, and Consumer Banking

Goodwin on

We expect continued scrutiny by regulators on fees, including enforcement actions and rulemakings, with the caveat that the new administration could shift federal priorities away from this fee crackdown....more

Orrick, Herrington & Sutcliffe LLP

District court rejects CFPB’s efforts to pause lawsuit against bank

On March 10, the U.S. District Court for the Northern District of Texas denied the CFPB’s motion to pause its lawsuit against a bank, stating the Bureau failed to explain how a stay in litigation “would be in the interest of...more

Orrick, Herrington & Sutcliffe LLP

New York Fed report on credit insecurity highlights regional disparities and improvements

Recently, the New York Fed’s released a report titled, “Credit Insecurity in the United States, 2018-2023,” which examined the state of credit security across the U.S. over a five-year period. It introduced the Credit...more

Orrick, Herrington & Sutcliffe LLP

NCUA updates policy on overdraft and NSF fee data collection

On March 3, the NCUA announced changes to its policy on the collection and publication of overdraft and NSF fee income data from credit unions. Previously, the NCUA required federally insured credit unions with assets...more

Orrick, Herrington & Sutcliffe LLP

CFPB dismisses lawsuit against banks and payment service

On March 5, the U.S. District Court for the District of Arizona received the CFPB’s notice of dismissal with prejudice in a lawsuit against several banks involving alleged widespread digital payment fraud on a popular...more

Venable LLP

McKernan's CFPB Nomination Hearing: What It Means for Consumer Financial Services Regulation

Venable LLP on

The Senate Banking Committee's hearing on Jonathan McKernan's nomination to lead the Consumer Financial Protection Bureau (CFPB) signals a potential shift in the agency's direction: McKernan, a Trump nominee, pledged to...more

Orrick, Herrington & Sutcliffe LLP

CFPB seeks additional time to consider its position on “Buy Now, Pay Later” Interpretive Rule

On February 28, the U.S. District Court for the District of Columbia received a court filing from the CFPB and its Acting Director Russell Vought, indicating they intend to submit a status report by March 31 on whether the...more

Mayer Brown

2024 Consumer Financial Services Highlights

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REGULATORY, COMPLIANCE & LICENSING - Mayer Brown's exceptional breadth of knowledge and experience helps consumer finance and mortgage finance entities navigate the broad range of US federal and state laws impacting their...more

Hudson Cook, LLP

Despite Noble Intentions, Va. Usury Bill Is Bad For Consumers

Hudson Cook, LLP on

In the last few years, state legislatures have enacted legislation to curtail online bank lending in response to advocacy efforts by consumer activists. Such programs, in which nonbank financial technology companies...more

Sheppard Mullin Richter & Hampton LLP

California Governor Appoints New DFPI Commissioner

On February 7, California Governor Gavin Newsom announced the appointment of Khalil “KC” Mohseni as the new Commissioner of the California Department of Financial Protection and Innovation (DFPI). Mohseni has been serving as...more

K&L Gates LLP

Australia: ASIC Prepares Guidance Following the Release of BNPL Regulations

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On 5 February 2025, the Australian Government (via the Department of Treasury) released an exposure draft on the National Consumer Credit Protection Amendment (Low Cost Credit) Regulations 2025 (draft Regulations). The draft...more

Morgan Lewis

UK Supreme Court to Review Ruling on Motor Finance Commissions: Implications for Auto Sector

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The UK Supreme Court’s ruling on undisclosed commissions earned by brokers will significantly impact the automotive sector and lenders. Although banks have been the focus of debate, the decision by His Majesty’s Treasury to...more

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