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CFPB Warns of Consumer Risks in Solar Financing and Sales Practices

The Consumer Financial Protection Bureau (CFPB ) recently published a report and an associated consumer advisory warning of risks to consumers from solar lending and encouraging consumers to shop for alternatives before...more

CFPB Reports on Potential ‘Junk Fees’ From School Lunch Payment Platforms

On July 25, 2024, the Consumer Financial Protection Bureau (CFPB) released a report on the costs and potential risks to families using electronic payment platforms to load money to their children’s school lunch accounts. The...more

CFPB Warns Against Deceptive Terms in Consumer Contracts

On June 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued Circular 2024-03 warning that the inclusion of “unlawful or unenforceable” terms in consumer contracts – particularly in the fine print of consumer...more

CFPB Issues Interpretive Rule Designating BNPL Providers as Card Issuers Subject to Regulation Z

On May 22, 2024, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule stating that providers of “buy now, pay later” (BNPL) products that issue “digital user accounts” to access credit products to...more

CFPB Hints at Future Regulatory Action Targeting Credit Card Rewards Programs

On May 9, 2024, the Consumer Financial Protection Bureau (CFPB) published a report highlighting common themes in complaints received from consumers, including mismatches between marketing and actual terms, devaluations of...more

CFPB Issues Final Rule to Reduce Credit Card Late Fees to $8 for Large Credit Card Issuers

On March 5, 2024, the Consumer Financial Protection Bureau (CFPB) issued a final rule amending provisions in Regulation Z that govern credit card late fee charges. The final rule follows the March 2023 release of the proposed...more

OCC Issues Risk Management Guidance for BNPL Lending

On December 6, 2023, the Office of the Comptroller of the Currency (OCC) issued a bulletin that provides guidance to banks on managing risks associated with certain “buy now, pay later” (BNPL) loans. While the OCC notes that...more

CFPB Proposes Increased Oversight of Digital Wallet and Payments Providers Through New Larger Participant Rule

On November 7, 2023, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (proposed rule) that would allow it to supervise digital wallet and payment app providers deemed “larger...more

CFPB Signals Desire to Expand Supervision of Nonbank Payments Firms

During remarks at a payments-focused event on October 6, 2023, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra signaled that the bureau intends to expand its oversight of digital payments and the companies...more

CFPB Mandates Additional Specificity in Adverse Action Communications Based on AI or Complex Credit Models

On September 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued Circular 2023-03 to provide creditors additional guidance for communicating denials of credit to consumers based upon artificial intelligence (AI)...more

Banking Regulators Release Guidance on Third Party Partnerships

On June 6, 2023, the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency (OCC) issued final joint guidance on managing risks...more

CFPB Seeks Comments on Credit Card Company Penalty Policies

On June 22, 2022, the Consumer Financial Protection Bureau announced an advance notice of proposed rulemaking (ANPR) seeking comments from credit card issuers, consumer groups, and the public regarding credit card late fees...more

CFPB Revives Its Dormant Nonbank Authority to Supervise High-Risk Institutions

On April 25, 2022, the Consumer Financial Protection Bureau announced that it will invoke its authority under the Dodd-Frank Act to supervise “nonbanks whose activities the CFPB has reasonable cause to determine pose risks to...more

CFPB Continues Criticism of Industry Fees With Credit Card Late Fee Report

Overview - On March 29, 2022, the Consumer Financial Protection Bureau issued a report raising concerns about the late fee practices of credit card issuers. Although the report provides a general assessment of credit card...more

CFPB Leverages UDAAP Authority to Prohibit Discrimination in Noncredit Financial Products and Services

On March 16, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it will consider whether institutions are engaging in the “unfair” practice of discriminating, expanding its anti-discrimination efforts to...more

CFPB Requests Information on Consumer Financial Products or Services Fees

On January 26, 2022, the Consumer Financial Protection Bureau announced a request for information seeking comments related to fees charged to consumers in connection with selected products or services. The CFPB expressed...more

Fintech Focus: CFPB Updates FAQs, Scrutinizes Buy Now, Pay Later Companies and Fintech Lending

The Consumer Financial Protection Bureau (CFPB) has remained busy as we head into the final week of 2021. The agency released updated FAQs regarding the Electronic Fund Transfer Act (EFTA) and Regulation E, issued orders to...more

Alert: District Judge Sides With CFPB, Upholds Payday Rule’s Payment Provisions

On August 31, 2021, a federal district court judge in Texas granted summary judgment to the Consumer Financial Protection Bureau in a lawsuit brought by two industry trade associations, ultimately upholding the “payment...more

Alert: Recent CFPB Actions Highlight Focus on Debt Collection

On August 16, 2021, the Consumer Financial Protection Bureau (CFPB) filed a proposed settlement to resolve a 2019 lawsuit against a debt collection enterprise and its owner. The CFPB asserts that the debt collection...more

Alert: CFPB Files Motion to Lift Stay of Payment Provisions in 2017 Payday Rule

The Consumer Financial Protection Bureau (CFPB) recently filed a motion to lift the stay of the compliance date for the “payment provisions” in the Payday, Vehicle Title, and Certain High-Cost Installment Loans Rule (CFPB...more

Alert: Biden Signs Law Overturning True Lender Rule

On June 30, 2021, President Joe Biden signed a joint resolution to revoke the Office of the Comptroller of the Currency’s (OCC) “true lender” rule (the “Rule”). Passed in October 2020, the Rule clarified that a national bank...more

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