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Rulemaking Process Congressional Review Act Consumer Financial Protection Bureau (CFPB)

Holland & Knight LLP

CFPB Plans to Reopen Section 1071 Small Business Lending Rule

Holland & Knight LLP on

The Consumer Financial Protection Bureau (CFPB) has revealed its intention to make changes to the small business loan data collection and reporting rule (1071 Rule) in light of continued opposition from financial institutions...more

Ballard Spahr LLP

Resolutions to nullify CFPB overdraft rule introduced in House, Senate

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The Chairmen of the House and Senate committees with jurisdiction over banking issues have introduced Congressional Review Act resolutions to nullify the CFPB’s overdraft rule. House Financial Services Committee Chairman Rep....more

McGlinchey Stafford

CFPB Under Siege: Legal Challenges, Leadership Changes, Congressional Moves

McGlinchey Stafford on

As we have highlighted previously (here and here), the Consumer Financial Protection Bureau (CFPB) has continued to undergo significant changes under the second Trump Administration. However, various interested parties have...more

Sheppard Mullin Richter & Hampton LLP

Texas Federal Court Pauses CFPB Rule Banning Medical Debt from Credit Reports

On February 6, a judge for the United District Court for the Eastern District of Texas issued a 90-day stay on the CFPB’s final rule prohibiting the inclusion of medical debt in consumer credit reports, delaying the rule’s...more

Orrick, Herrington & Sutcliffe LLP

Congressional Republicans introduce resolution to repeal CFPB overdraft lending rule

On February 13, Republican members of the U.S. House and Senate introduced a joint resolution under the Congressional Review Act (CRA) to nullify the CFPB’s final rule related to overdraft lending fees. The CFPB’s overdraft...more

Perkins Coie

Two Tools for Trump To Dismantle Biden-Era Rules: the Regulatory Freeze and the Congressional Review Act

Perkins Coie on

President Donald Trump has issued a presidential memorandum, which has the effect of an Executive Order, titled “Regulatory Freeze Pending Review“ (the Regulatory Freeze). This Regulatory Freeze puts a hold on new agency...more

Cozen O'Connor

Cozen Currents: Disruption is a Process

Cozen O'Connor on

“President Trump is seen above all else as a disruptor hell-bent on upsetting the established ways of governing. However, even disruption itself has to follow a process in Washington.” — Howard Schweitzer, CEO, Cozen O’Connor...more

McGlinchey Stafford

Trump 2.0: Potential CFPB Changes in 2025

McGlinchey Stafford on

Former President Donald Trump emphatically won a second term in office, and with his election, sweeping changes appear in store for the Consumer Financial Protection Bureau (CFPB or Bureau). While President-elect Trump did...more

Sheppard Mullin Richter & Hampton LLP

Congressional Measure Aims to Undo Recent CFPB Buy Now Pay Later Guidance

On August 2, members of U.S. House of Representatives introduced H.J. Res. 195, a joint resolution providing for congressional disapproval under the Congressional Review Act (CRA) of recent CFPB guidance (previously discussed...more

Ballard Spahr LLP

Lawmakers and AFSA oppose future arbitration rulemaking

Ballard Spahr LLP on

In connection with the petition to ban pre-dispute consumer arbitration agreements pending before the Consumer Financial Protection Bureau (CFPB) and a recent Senate Judiciary Committee hearing on “forced arbitration,”...more

Sheppard Mullin Richter & Hampton LLP

President Biden Vetoes Congressional Review Act Disapproval of CFPB’s Small Business Lending Data Collection Rule

On December 19, President Biden vetoed the joint resolution (S. J. Res. 32) the US Senate and House of Representatives passed under the Congressional Review Act that would have repealed the CFPB’s small business data...more

Ballard Spahr LLP

Ballard Spahr attorneys and Cornell University law professor submit comments opposing CFPB rulemaking on post-dispute consumer...

Ballard Spahr LLP on

Ballard Spahr Senior Counsel Alan S. Kaplinsky and Mark J. Levin, and David Sherwyn, Professor of Law at Cornell University’s School of Hotel Administration, today submitted lengthy comments to the Consumer Financial...more

Sheppard Mullin Richter & Hampton LLP

Senate Votes to Repeal CFPB Small Business Lending Rule

On October 18, the Senate voted 53-44 to approve S.J. Res. 32, a resolution sponsored by Sen. Kennedy (R-LA) to overturn the implementation of the CFPB’s final rule under Section 1071 of the Dodd-Frank Act requiring lenders...more

Seward & Kissel LLP

Open Banking is Coming to America

Seward & Kissel LLP on

On October 27, 2022, the Consumer Financial Protection Bureau (“CFPB”) announced a new regulatory framework (“Framework”) governing “Personal Financial Data Rights,” or, by another name, “open banking.” Conceptually, open...more

Goodwin

House Votes to Repeal OCC True Lender Rule

Goodwin on

In This Issue. The House of Representatives voted to pass a Congressional Review Act resolution repealing the Office of the Comptroller of the Currency’s (OCC) “true lender” rule; the Consumer Financial Protection Bureau...more

White & Case LLP

Interagency Statement on Role of Supervisory Guidance to Become a Rule

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In response to a call for a rulemaking by two leading bank industry trade associations, the federal banking agencies have issued a proposed rule to codify an earlier interagency statement that their supervisory...more

Ballard Spahr LLP

OMB guidance on CRA compliance imposes new rule review process on independent agencies

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A memorandum issued by the Office of Management and Budget entitled “Guidance on Compliance with the Congressional Review Act” imposes a new review process on final rules issued by the CFPB and other independent regulatory...more

Ballard Spahr LLP

A third bite at the apple: trade groups file lawsuit challenging CFPB payday loan rule

Ballard Spahr LLP on

Two trade groups, the Consumer Financial Service Association of America, Ltd. and the Consumer Service Alliance of Texas, have filed a lawsuit against the CFPB in a Texas federal district court challenging the CFPB’s final...more

Ballard Spahr LLP

House passes proposed Congressional Review Act amendments authorizing en bloc consideration in resolutions of disapproval for...

Ballard Spahr LLP on

We have previously written about the Congressional Review Act (“CRA”), a law enacted in 1996 that establishes a procedure by which Congress can nullify a covered rule adopted by a federal agency. According to a Congressional...more

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