Latest Publications


Democratic Senators urge CFPB to continue public disclosure of complaint data

A group of 35 Democratic Senators have sent a letter to Mick Mulvaney and Leandra English urging the CFPB to continue to publicly disclose consumer complaint information....more

Federal regulators’ Spring 2018 rulemaking agendas: items of interest to consumer financial services providers

In addition to the CFPB’s Spring 2018 rulemaking agenda that we have already blogged about, the Spring 2018 rulemaking agendas of several other federal agencies contain some items of interest to consumer financial services...more

CFPB Spring 2018 rulemaking agenda contains significant changes under Mulvaney’s leadership

The CFPB’s Spring 2018 rulemaking agenda has been published by the Office of Information and Regulatory Affairs (OIRA) as part of its Spring 2018 Unified Agenda of Federal Regulatory and Deregulatory Actions.  ...more

No U.S. Supreme Court review sought in PHH

Neither PHH Corporation nor the CFPB has filed a petition for certiorari asking the U.S. Supreme Court to review the D.C. Circuit’s en banc PHH decision.  The filing deadline was May 1....more

Newly Released Cybersecurity Survey: Corporate Counsel Support Uniform Federal Security and Breach Notification Law

More than two-thirds of U.S. corporate lawyers surveyed favor a federal law setting uniform data security and breach notification requirements across the country, according to results released today by the Association of...more

Republicans take control of FTC

With the swearing in of four of the five newly-confirmed FTC commissioners, control of the FTC is now in the hands of Republicans. This week, Joseph Simons, a Republican, was sworn in as FTC Chairman. ...more

Democratic state AGs comment on CFPB CID process

A group of 16 Democratic state attorneys general have sent a letter to the CFPB in response to its Request for Information Regarding Bureau Civil Investigative Demands and Associated Processes. ...more

Senate confirms 5 nominees to serve as FTC commissioners

Last Thursday, the Senate confirmed five individuals—three Republicans and two Democrats—nominated by President Trump to serve as FTC commissioners.  ...more

CFPB announces May 10 and May 22 meetings of Consumer Advisory Board subcommittees

The CFPB has published a notice in the Federal Register announcing two public subcommittee meetings of its Consumer Advisory Board that will take place by conference call. ...more

CFPB Academic Research Council to meet on May 2

The CFPB has published a Federal Register notice announcing that a meeting of its Academic Research Council (ARC) will be held in Washington, D.C. on May 2, 2018. Under former Director Cordray’s leadership, behavioral...more

Mulvaney takes aim at CFPB public disclosure of consumer complaints

In remarks earlier this week at an American Bankers Association conference, CFPB Acting Director Mick Mulvaney is reported to have strongly criticized the CFPB’s policy of publicly disclosing consumer complaint information...more

Fifth Circuit agrees to hear challenge to CFPB’s constitutionality

The U.S. Court of Appeals for the Fifth Circuit has agreed to hear an interlocutory appeal challenging the CFPB’s constitutionality requested by the defendants in a lawsuit filed by the CFPB in 2016 that alleges the...more

CFPB seeks comment on its consumer complaint and inquiry handling process

The CFPB has issued a request for information that seeks comment on its handling of consumer complaints and inquiries.  ...more

CFPB issues annual complaint report

The CFPB has issued its Consumer Response Annual Report that provides an analysis of the approximately 320,200 complaints received by the CFPB between January 1 and December 31, 2017.  (In 2016, the CFPB received...more

Alabama becomes 50th state to enact data breach notification Law

Alabama officially joined the data breach notification party last month when the state’s governor signed a data breach notification law that will take effect on June 1, 2018. ...more

NJ creates “state-level CFPB”

The New Jersey Attorney General recently announced that the state’s governor will nominate Paul R. Rodriguez to serve as the Director of the New Jersey Division of Consumer Affairs, the state’s lead agency charged with...more

FDIC to hold May 7 forum on use of technology in banking

On May 7, 2018, in Arlington, Virginia, the FDIC will host a forum, “Use of Technology in the Business of Banking.”  Registration is required to attend.  The forum will also be webcast live and recorded for on-demand access...more

Mulvaney to appear before Senate Banking Committee on April 12

In addition to his scheduled appearance before the House Financial Services Committee this Wednesday, April 11, CFPB Acting Director Mick Mulvaney is scheduled to appear before the Senate Banking Committee this Thursday,...more

Treasury issues recommendations for modernizing the CRA

The U.S. Department of the Treasury has issued a memorandum in which it makes recommendations to modernize the Community Reinvestment Act (CRA). ...more

CFPB seeks comment on consumer financial education programs

The CFPB has issued a request for information that seeks comment on its consumer financial education programs. Comments on the RFI must be received on or before 90 days after the date the RFI is published in the Federal...more

D.C. Circuit to live stream oral argument in English appeal

The D.C. Circuit will live stream the oral argument scheduled for April 12 in Leandra English’s appeal in her action seeking a declaration that she, rather than Mick Mulvaney, is the lawful CFPB Acting Director. Ms. English...more

FTC files comments on CFPB’s CID RFI

The FTC has filed comments on the CFPB’s Request for Information regarding its civil investigative demands and investigational hearings. ...more

CFPB seeks comment on its guidance and implementation support

The CFPB has issued a request for information that seeks comment on its guidance and implementation support. Comments on the RFI must be received on or before 90 days after the date the RFI is published in the Federal...more

Where are the CFPB’s complaint and supervisory highlights reports?

The CFPB has apparently decided to put its monthly complaint reports on hold. The CFPB’s last monthly complaint report was its October 2017 report, a “special edition” report that provided data on servicemember complaints...more

Senator Graham introduces CRA resolution to overturn CFPB payday loan rule; Mulvaney to testify on April 11 to House Financial...

The American Banker has reported that last week, Senator Lindsey Graham introduced a joint resolution under the Congressional Review Act (CRA) to override the CFPB’s final payday/auto title/high-rate installment loan rule...more

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