News & Analysis as of August 12, 2025

Financial Institutions

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

President Trump Signs Resolution Nullifying CFPB Overdraft Fee Rule

Sheppard Mullin Richter & Hampton LLP on 5/16/2025

On May 9, President Trump signed a Congressional Review Act resolution repealing the CFPB’s final rule restricting overdraft fees at large financial institutions. The rule, originally finalized under the Biden administration,...more

CFPB Rescinds Dozens of Regulatory Guidance Documents in Major Regulatory Shift

Troutman Pepper Locke on 5/12/2025

The Consumer Financial Protection Bureau (CFPB or Bureau) announced the withdrawal of 67 regulatory guidance documents, including interpretive rules, policy statements, and advisory opinions that have been issued since the...more

Leaning In: The CFPB Publishes Rule on Fees for Overdraft Services

Morrison & Foerster LLP on 1/8/2025

On December 30, 2024, the Consumer Financial Protection Bureau (CFPB) published a final rule that may dramatically change the way that certain large financial institutions offer overdraft services to consumers. Under the...more

CFPB Release Final Rule on Overdraft Fees

Sheppard Mullin Richter & Hampton LLP on 12/16/2024

On December 12, the CFPB released the final version of its overdraft rule that was first proposed in January. (We discussed it here.) Currently, financial institutions that extend overdraft protection are exempt from certain...more

Opportunity Knocks – Litigating Financial Regulation in a Second Trump Administration

Davis Wright Tremaine LLP on 11/20/2024

During the Biden-Harris Administration, the relationship between financial institutions and their regulators chilled considerably. The financial services industry works daily with its regulators—especially through the...more

Nutter Bank Report: July 2024

Nutter McClennen & Fish LLP on 7/31/2024

The federal banking agencies have published joint guidance for banks about risks posed by fintech companies and other third parties to deliver bank deposit products and services. The joint guidance issued on July 30...more

The CFPB’s Next Target in its War on “Junk Fees”: Overdraft Fees

Venable LLP on 2/7/2024

Earlier in January 2024, the CFPB continued its crackdown on what it decries as “junk fees,” releasing a Proposed Rule to curb overdraft fees. The Proposed Rule could have a significant effect on the nature, availability, and...more

Nutter Bank Report: January 2024

Nutter McClennen & Fish LLP on 1/31/2024

OCC Requests Public Comments on Proposed Bank Merger Policy Statement and Rules The OCC has proposed a new policy to increase the transparency of the standards that the agency applies to review business combinations involving...more

CFPB Proposes New Rule on Overdraft Practices

Kaufman & Canoles on 1/31/2024

On January 18, 2024, the CFPB proposed an extensive (211-page) rule on overdraft practices applicable to Financial Institutions (FIs) of $10 billion or more in assets (so called “very large FIs”). The proposed rule would not...more

CFPB Continues War on Fees, Even Rare Ones

Troutman Pepper Locke on 1/29/2024

Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule with request for public comment to prohibit covered financial institutions from charging nonsufficient funds fees (NSF) for payment...more

CFPB Proposes Rule to Treat Overdraft as Credit Under TILA

Davis Wright Tremaine LLP on 1/22/2024

The Consumer Financial Protection Bureau released its proposed rule to treat overdraft features for deposit accounts as credit, subject to the Truth in Lending Act (TILA) and its implementing rules, Regulation Z. The proposal...more

What Commercial Finance Companies Need to Know About New Commercial Financing Disclosure Rules

Orrick, Herrington & Sutcliffe LLP on 3/14/2023

There has been increased focus on commercial financing transactions over the past few years. States have been moving to introduce consumer lending disclosure regimes to commercial financing. Several states, including...more

Wiley Consumer Protection Download (January 24, 2022)

Wiley Rein LLP on 1/25/2022

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Supreme Court Decision Empowers President Biden to Replace Director of FHFA

Goodwin on 6/25/2021

In This Issue. In a move that gives him the opportunity to put his stamp on housing policy and the potential overhaul of Fannie Mae and Freddie Mac, President Biden replaced the Director of the Federal Housing Finance Agency...more

New Jersey Expands Regulation of Mortgage Servicers

Holland & Knight LLP on 5/1/2019

• New Jersey Gov. Phil Murphy signed Assembly Bill A-4997 into law on April 29, 2019, dramatically expanding the state's regulation of residential mortgage servicers. • The law requires nonbank finance companies that...more

Dodd-Frank News - Summer 2017

Burr & Forman on 6/19/2017

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

CFPB takes another challenge to its jurisdiction to court

Ballard Spahr LLP on 6/20/2016

The CFPB filed suit against J.G. Wentworth, LLC on June 7, 2016 after the company challenged the Bureau’s expansive view of its jurisdiction. The CFPB served a CID against J.G. Wentworth, LLC on September 11, 2015 to...more

The New Paradigm in Vendor Management Under the CFPB

Baker Donelson on 9/28/2015

This past July marked the fifth anniversary of the creation of the Consumer Financial Protection Bureau (CFPB), a period marked by sweeping changes to the regulatory and administrative environment in which financial...more

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