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New Administration Outlook: What Does the CFPB "Freeze" Mean for Regulations and Pending Litigation? - Update

Treasury Secretary Scott Bessent, the then-acting director of the Consumer Financial Protection Bureau (CFPB), emailed staff on February 3 directing employees to cease all rulemaking activities, delay the implementation of...more

New Administration Outlook: What Does the CFPB "Freeze" Mean for Regulations and Pending Litigation?

Treasury Secretary Scott Bessent, who is currently serving as the acting director of the Consumer Financial Protection Bureau (CFPB), emailed staff on Monday directing employees to cease all rulemaking activities and delay...more

CFPB Officially Takes Aim at Credit Card Late Fees

The Consumer Financial Protection Bureau (CFPB or Bureau), under Director Chopra, is moving toward placing new restrictions on fees for the late payment of credit card debts. The proposed rulemaking represents a continuation...more

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

Credit Card Late Fees Scrutinized by CFPB

Financial institutions' longstanding practice of charging fees to consumers for the late payment of credit card debts is under scrutiny from the Consumer Financial Protection Bureau (CFPB) and its Director, Rohit Chopra....more

CFPB to Use "Unfairness" to Address Gaps in Antidiscrimination Coverage

On March 16, 2022, the Consumer Financial Protection Bureau (CFPB) issued a press release and an updated UDAAP exam manual setting forth its intentions to use the Consumer Financial Protection Act's (CFPA) prohibition against...more

Chopra's CFPB Signals Expansion of Abusiveness to Include Antitrust

In the last eight months, the Consumer Financial Protection Bureau (CFPB) has signaled its intent to expand its use of abusiveness theories in enforcement matters. In March, the CFPB rescinded the previous administration's...more

Readability and Deferred Interest Remain Concerns in CFPB's Biennial CARD ACT Report

On September 29, 2021, the Consumer Financial Protection Bureau (CFPB) released its fifth biennial report (Report) evaluating the state of the consumer credit card market. In addition to addressing impacts to the credit card...more

CFPB's Small Business Lending Data Collection Rulemaking

Last month, the Consumer Financial Protection Bureau (CFPB) issued a long-anticipated proposed rule (published in the Federal Register on October 8, 2021) requiring regulated financial institutions to collect and report small...more

CFPB: Failure to Remediate Non-Compliance May Be Abusive Conduct

In a matter that highlights the importance of comprehensive consumer remediation and exemplifies the Bureau's renewed aggressive enforcement approach, on August 13, 2021, the Consumer Financial Protection Bureau moved for...more

Georgia Becomes Latest to Address Earned Wage Access Providers

On February 26, 2021, Georgia introduced HB 674, which would authorize earned wage access (EWA) providers to operate in the state and avoid loan characterization by meeting certain requirements, including registration....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

Will Questions About FTC Enforcement Authority Shift Enforcement to CFPB?

In a decision that could have broad implications for the Federal Trade Commission’s (FTC) remedial authority, the 7th Circuit Court of Appeals recently overturned a $5 million restitution award to the FTC in a consumer...more

Third Circuit Says CFPB May Investigate the Totality of a Target’s Business Conduct

Earlier this week, the Third Circuit rejected student loan servicer Heartland Campus Solutions, ECSI’s challenge to a CFPB civil investigative demand (CID), which sought information concerning ECSI’s “servicing of student...more

Is Kraninger’s Nomination to Head Bureau a Tactical Choice to Continue Mulvaney’s Policy Trajectory?

President Trump formally nominated Kathy Kraninger to become the new head of the Consumer Financial Protection Bureau (the “Bureau”) on June 18, 2018. While this nomination was a surprise to many due to Kraninger’s apparent...more

What the Security Group Consent Order Suggests About the CFPB’s Direction

For many months, the Consumer Financial Protection Bureau (Bureau) has hinted it would focus its enforcement efforts on debt collection conduct. The Bureau’s settlement earlier this month with Security Group Inc., Security...more

Rumors of UDAAP’s Demise May be Exaggerated

New Priorities at the CFPB… On February 12, 2018, Acting Director of the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) and Director of the Office of Management and Budget (“OMB”), Mick Mulvaney, released...more

CARD Act Report: The CFPB Departs from Precedent

Editors’ Note: The following is one part of DWT’s ongoing coverage of the 2017 CARD Act Report. Other parts include our prior PLA post The Consumer Credit Market: The CFPB’s 2017 CARD Act Report and a recent FSR webinar....more

The Consumer Credit Market: The CFPB’s 2017 CARD Act Report

The Consumer Financial Protection Bureau recently published its biennial assessment of the consumer credit card market, titled “The Consumer Credit Card Market.” This report is based in part on responses provided by market...more

Next Steps for the CFPB

Richard Cordray, the director of the U.S. Consumer Financial Protection Bureau (CFPB), resigned from this post at the close of business last Friday, November 24. In a statement to staff, he said that Leandra English, the...more

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