News & Analysis as of

Regulatory Requirements Consumer Financial Protection Bureau (CFPB)

Orrick, Herrington & Sutcliffe LLP

CFPB proposes rule clarifying supervisory designation standard for nonbanks

On August 26, the CFPB issued a proposed rule to clarify the legal standard when determining whether to designate a nonbank covered person for Bureau supervision under Section 1024(a)(1)(C) of the CFPA. The proposal would...more

Orrick, Herrington & Sutcliffe LLP

CFPB releases report on implementing scientific tenets

On August 20, the CFPB released a report describing the actions it will take to implement “Gold Standard Science.” On May 23, President Trump issued Executive Order 14303, “Restoring Gold Standard Science,” directing federal...more

Saul Ewing LLP

Open Call: CFPB Seeks Comments on New Section 1033 Open Banking Rule

Saul Ewing LLP on

The first step in the future of open banking under the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank" or the "Act") is here: in a notice posted August 22, 2025 (the "Notice"), the Consumer Financial...more

Hogan Lovells

The Payments Newsletter including Digital Assets & Blockchain, August 2025

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Key developments of interest over the last month include: the U.S. Consumer Financial Protection Bureau's decision to restart the open banking rulemaking process; the UK FCA's publication of a policy statement with final...more

Holland & Knight LLP

CFPB Seeks Comments and Data on Revised Open Banking Rule

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The CFPB published an advanced notice of proposed rulemaking (ANPR) on Aug. 22, 2025, seeking comments and data to aid in the agency's reconsideration of its Section 1033 Open Banking Rule. This notice follows the CFPB's...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 26, 2025)

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FTC Chairman Sends Warning Letters to Technology Companies Regarding Data Security and Censorship. On August 21, FTC Chairman Andrew Ferguson sent warning letters to thirteen technology companies that provide cloud computing,...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – August 2025 #3

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Troutman Pepper Locke

CFPB Releases New Advance Notice of Proposed Rulemaking on Section 1033 Open Banking Rule

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On August 21, the Consumer Financial Protection Bureau (CFPB or Bureau) took a significant step forward in its reconsideration of the Section 1033 open banking final rule, originally issued in November 2024, by issuing an...more

Orrick, Herrington & Sutcliffe LLP

CFPB proposes new rule to implement Section 1033 on consumer data rights

On August 22, the CFPB issued an advance notice of proposed rulemaking in the Federal Register seeking public comments and data to inform its decisions on implementing Section 1033 of the Dodd-Frank Act (the Personal...more

Troutman Pepper Locke

Point-of-Sale Finance Series: Understanding the Development and Regulation of Buy Now, Pay Later Products — The Consumer Finance...

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In this crossover episode of The Consumer Finance Podcast and Payments Pros, guest host Taylor Gess is joined by Jason Cover and Jeremy Sairsingh to discuss buy now, pay later (BNPL) products as they continue to dive into the...more

Wiley Rein LLP

FTC Consumer Protection and Privacy Enforcement Series: The Fair Credit Reporting Act—Who Is Covered and How to Comply

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For the latest installment of our series of practical insights on emerging Federal Trade Commission (FTC) consumer protection and data privacy priorities, we discuss coverage and requirements under the Fair Credit Reporting...more

Cozen O'Connor

State AGs Are Stepping Up — Is Your Bank Ready for Multistate Scrutiny?

Cozen O'Connor on

The CFPB has scaled back some enforcement priorities, and the states have noticed. Certain states – including California, New York, Texas, and Connecticut – are particularly active, pursuing UDAP violations, privacy issues,...more

Redgrave LLP

Adapting to and Getting Ahead of Changes in Antitrust and Other Regulatory Demands in 2025 and Beyond

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Seismic shifts in the legal and regulatory landscape are underway, driven by evolving federal policy, shifting state priorities, and the rapid advancement of artificial intelligence (AI) and other emerging technologies. These...more

Stinson LLP

Executive Order Targeting Politicized or Unlawful Debanking

Stinson LLP on

On August 7, President Trump issued an Executive Order titled "Guaranteeing Fair Banking for All Americans" (the Order). The purpose of the Order is to prohibit financial institutions from engaging in "politicized or unlawful...more

Holland & Knight LLP

CFPB Withdraws Proposed Changes to State Official Notification Procedures

Holland & Knight LLP on

The CFPB on July 21, 2025, withdrew a direct final rule that would have "rescinded procedures by which a State official must notify the Bureau when the official takes an action to enforce the Consumer Financial Protection...more

DLA Piper

“Fair Banking” Executive Order Targets Politicized Debanking and Reputational Risk

DLA Piper on

On August 7, 2025, President Donald Trump issued an Executive Order entitled “Guaranteeing Fair Banking for all Americans” (EO). The EO broadly prohibits banks and other financial institutions from engaging in “politicized or...more

Brownstein Hyatt Farber Schreck

President Expected to Sign Bill to Rein In Mortgage ‘Trigger Leads’

Over the weekend the Senate by voice vote passed H.R. 2808, the House version of the Homebuyers Privacy Protection Act, sending the bill to President Trump for signature. The bill is led by Reps. John Rose (R-TN) and Ritchie...more

Orrick, Herrington & Sutcliffe LLP

CFPB scraps rule allowing states to enforce the CFPA without notice

On July 21, the CFPB published a notice in the Federal Register withdrawing its direct final rule that would have rescinded procedures requiring state officials to notify the Bureau when taking action to enforce the CFPA. As...more

Venable LLP

Compliance as a Competitive Advantage

Venable LLP on

Recently, we presented on Compliance as a Competitive Advantage at Compliance University by Online Lenders Alliance. We shared a perspective we've developed over 20 years of working with financial services companies: that...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – July 2025 # 5

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Goodwin

CFPB Abandons Plan to Scrap State Notice Rule

Goodwin on

On July 21, 2025, the CFPB announced that it was withdrawing its planned recission of Section 1082.1 of the Consumer Financial Protection Act (CFPA) implementing regulations, which contains procedures by which state officials...more

Ballard Spahr LLP

Community Groups File Lawsuit Seeking to Force CFPB to Implement the Section 1071 Rule

Ballard Spahr LLP on

The saga of the CFPB’s section 1071 small business data collection and reporting rule continues. Rise Economy, fka California Reinvestment Coalition (Rise), the National Reinvestment Coalition (NCRC), the Main Street Alliance...more

Fox Rothschild LLP

Court Vacates CFPB Medical Debt Rule: Key Takeaways for Providers

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Earlier this month, the United States District Court for the Eastern District of Texas approved a consent judgment vacating the Consumer Financial Protection Bureau’s (CFPB) Medical Debt Rule. The decision holds that the CFPB...more

Sheppard Mullin Richter & Hampton LLP

CFPB Withdraws Rule to Eliminate State Enforcement Notification Requirements

On July 21, the CFPB withdrew its plan to repeal rules that provide procedures for state officials to notify the Bureau before initiating enforcement actions under the Consumer Financial Protection Act (CFPA). The CFPB cited...more

Troutman Pepper Locke

Regulatory Rollback: Legal Challenges and Opportunities in Earned-Wage Access — Payments Pros – The Payments Law Podcast

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In this special joint episode of The Consumer Finance Podcast and Payments Pros, Chris Willis, co-leader of Troutman Pepper Locke's Consumer Financial Services Regulatory Practice, is joined by Keith Barnett and Jason Cover...more

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