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Federal Court Rejects CFPB's Novel Use of "Unfair, Deceptive, or Abusive Acts or Practices" Authority

Ruling concludes "unfairness" authority under the Dodd-Frank Act does not cover discrimination. On September 8, 2023, a federal district court rejected the Consumer Financial Protection Bureau's ("CFPB") interpretation...more

Fifth Circuit Rules that the CFPB's Funding Scheme Violates the Appropriations Clause

Fifth Circuit decision vacates a Consumer Financial Protection Bureau ("CFPB" or "Bureau") Payday Lending Rule because the Bureau's funding mechanism violates the Constitution's Appropriations Clause....more

CFPB's Expansion Efforts Draw Criticism From Lawmakers

In Short - The Situation: Since being confirmed as Director of the Consumer Financial Protection Bureau ("CFPB") last year, Rohit Chopra has urged state attorneys general to work with his agency to enforce federal...more

CFPB to Invoke "Dormant Authority" to Supervise Nonbank Fintech Companies

On Monday, April 25, 2022, the Consumer Financial Protection Bureau ("CFPB") issued a press release announcing its intent to utilize a "dormant authority" under the Dodd-Frank Act to examine nonbank "'fintechs'" that the...more

What the Financial Services Industry Can Expect From State Attorneys General in a Biden Administration

State attorneys general have become significant players in the financial world, using a number of special investigative and enforcement tools to investigate and prosecute alleged wrongdoing by financial market participants....more

California Shelves Proposal to Create Mini-CFPB - Governor Newsom's proposed mini-CFPB has been removed from California's 2020-21...

On June 11, 2020, California budget negotiators tabled California Governor Gavin Newsom's proposal to create a state version of the federal Consumer Financial Protection Bureau ("mini-CFPB"). As discussed in a previous Jones...more

California’s Proposal to Create Mini-CFPB - This proposed regulatory change will undoubtedly have a wide-ranging impact on...

On January 10, 2019, California Governor Gavin Newsom proposed a plan to create a California version of the federal Consumer Financial Protection Bureau ("CFPB") as part of the state's proposed 2020-21 budget. According to...more

NYDFS Creates "Powerhouse" Consumer Financial Protection Division

The New York Department of Financial Services makes good on a promise to fill the void left by the Consumer Financial Protection Bureau. On April 29, 2019, the New York Department of Financial Services ("DFS") announced...more

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