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CFPB Warns Mortgage Rate Comparison Sites About Anti-Kickback Risks

On February 7, 2023, the CFPB issued an Advisory Opinion, "Digital Mortgage Comparison-Shopping Platforms and Related Payments to Operators." Introduced by Director Rohit Chopra as a measure meant to protect mortgage...more

CFPB Enforcement Action Latest Move Against Overdraft Fees by Financial Regulators

Continuing the uptick in regulatory scrutiny of overdraft and other bank fees by state and federal regulators, the Consumer Financial Protection Bureau (CFPB) on September 28, 2022, announced an enforcement action/consent...more

Federal Regulators' Artificial Intelligence Initiative Is a Promising Development for Financial Industry (Update)

Update: On May 17, 2021, the agencies extended the deadline for comments from June 1, 2021, to July 1, 2021. The text of this post has been updated accordingly....more

Federal Regulators' Artificial Intelligence Initiative Is a Promising Development for Financial Industry

The federal financial institutions regulatory agencies collectively issued a Request for Information and Comment (RFI) on March 31, 2021, to better understand how artificial intelligence (AI) and machine learning (ML) are...more

CFPB Clarifies That ECOA Prohibits Discrimination Based on Sexual Orientation and Gender Identity

On March 9, 2021, the Consumer Financial Protection Bureau (CFPB) issued an Interpretive Rule clarifying that the Equal Credit Opportunity Act (ECOA) and Regulation B prohibit discrimination based on: Sexual orientation;...more

Rescission of 2015 MSA Compliance Bulletin Further Evidence of CFPB's Gentler RESPA Section 8 Approach - But New FAQs Do Not...

On October 7, 2020, the CFPB announced that it was "provid[ing] clearer rules of the road for RESPA marketing service agreements" in the mortgage industry by rescinding its 2015 guidance regarding marketing services...more

California's New State "Mini-CFPB" Is Not Very "Mini," but Very "CFPB"

California now has its own mini Consumer Financial Protection Bureau (CFPB). Although California is not the first state to create such an entity, the new regulator's resources and authority—not to mention the size of the...more

CFPB Amends Regulation X to Account for COVID-19-Related Mortgage Relief

On June 23, 2020, one week before the July 1, 2020, deadline for mortgage servicers to begin offering mortgage relief for Fannie Mae and Freddie Mac loans exiting CARES Act forbearance, the Consumer Financial Protection...more

CFPB Introduces New No-Action Letter Templates

On May 22, 2020, the Consumer Financial Protection Bureau (CFPB) introduced two new No-Action Letter (NAL) "templates," described as part of the Bureau's ongoing efforts to both spur the introduction of new personal finance...more

Agencies Promise Flexibility, but the Rules Still Apply: Key Takeaways from Joint Agency and CFPB Guidance Regarding Mortgage...

Even before the CARES Act was signed into law on March 27, 2020, mortgage servicers have been inundated with requests for COVID-19-related relief. Recognizing that these requests are straining servicers’ capacity to assist...more

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