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CFPB Launches Inquiry Into Data Broker Practices Ahead of Planned Rulemaking Under FCRA

On March 15, 2023, the Consumer Financial Protection Bureau (CFPB) launched an inquiry into the business practices of companies that “collect, aggregate, sell, resell, license, or otherwise share consumers’ personal...more

CFPB Brings RESPA Section 8 Into 21st Century With Digital Marketing Risk Advisory Opinion

On February 7, 2023, the Consumer Financial Protection Bureau issued an advisory opinion warning operators of digital mortgage comparison platforms of specific practices the bureau may view as violating Section 8 of the Real...more

CFPB Proposes Public Enforcement Order Registry for Nonbank Financial Services Providers

On December 12, 2022, the Consumer Financial Protection Bureau published a proposed rule that would require nonbank covered persons to report certain public agency enforcement actions and court orders for publication in a...more

CFPB Takes Question of Its Constitutionality Straight to Supreme Court

As widely reported, on October 19, 2022, the US Court of Appeals for the Fifth Circuit struck down a Consumer Financial Protection Bureau rulemaking on the grounds that the mechanism for funding the CFPB’s operations is an...more

CFPB, Department of Education Take Aim at College-Sponsored Financial Products

On October 13, 2022, the Consumer Financial Protection Bureau (CFPB) issued its annual report concerning banking products offered to students by financial institutions partnering with institutions of higher education (IHEs)....more

CFPB Asks Public to Help Bolster Innovation in Mortgage Market

On September 22, 2022, the Consumer Financial Protection Bureau issued a request for information (RFI) asking the public for ideas about how to improve consumer experiences refinancing their mortgages and, for consumers with...more

CFPB Bolsters Jurisdictional Claim Over Financial Services Industry’s Digital Marketing Vendors

On August 10, 2022, the Consumer Financial Protection Bureau issued an interpretive rule stating that digital marketing providers that “commingle” the targeting and delivery of advertisements to consumers on behalf of...more

CFPB Targets Convenience Fees

On June 29, 2022, the Consumer Financial Protection Bureau issued an advisory opinion declaring that the Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from collecting “pay-to-pay” or convenience fees...more

CFPB Warns Complex Consumer Credit Decision Models May Violate ECOA

On May 26, 2022, the Consumer Financial Protection Bureau warned via Consumer Financial Protection Circular 2022-03 that creditors using complex algorithmic credit evaluation models are not shielded from complying with the...more

CFPB Shores Up Legal Basis for Monitoring Loan Servicing Discrimination

On May 9, 2022, the Consumer Financial Protection Bureau issued an advisory opinion declaring that the Equal Credit Opportunity Act’s prohibitions against discrimination protect borrowers in all aspects of a credit...more

CFPB Publishes Spring 2022 Supervisory Highlights

On May 2, 2022, the Consumer Financial Protection Bureau (CFPB or Bureau) published its spring 2022 Supervisory Highlights report. As discussed in more detail below, the report addresses observations made in examinations...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 Follows FTC’s Lead on Consumer Online Reviews

On March 22, 2022, the Consumer Financial Protection Bureau announced that it has issued guidance designed to dissuade financial institutions from curbing consumers’ rights to post online reviews. Specifically, the CFPB put...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

CFPB Initiative to Oversee Institutional Lending and Servicing – What It Means for You

What’s the Consumer Financial Protection Bureau up to? On January 20, 2022, the Consumer Financial Protection Bureau signaled a new front in its ongoing scrutiny of student loan origination and servicing practices by...more

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