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Proposed Mortgage Assistance Rule: Tips for Servicers

On July 10, the Consumer Financial Protection Bureau issued a proposed rule that would alter the current Regulation X mortgage servicing procedures in favor of a system that broadly construes requests for assistance, and...more

Legal Challenges to Small-Business ‎Data Collection Rule Dwindle as Texas Court Sides With CFPB

On August 26, 2024, a federal district court for the Southern District of Texas granted summary judgment in the Consumer Financial Protection Bureau’s favor and rejected a challenge to the CFPB’s Final Rule regarding section...more

CFPB Proposes Changes to Loss-Mitigation Rules Under Reg. X; Are There Loper Implications?

On July 10, 2024, the Consumer Financial Protection Bureau issued a proposed rule that would scuttle the current Regulation X mortgage servicing procedures in favor of a system that broadly construes requests for assistance...more

After Loper Bright Overruled Chevron ‎‎Deference, What Parts of Regulation F Have the Power to ‎‎Persuade?‎

On June 28, 2024, the Supreme Court overruled the Chevron doctrine in Loper Bright Enterprises v. Raimondo. The decision eliminated the requirement that courts must defer to agency interpretations of the federal laws they...more

Supreme Court’s Two Arbitration ‎Opinions Prohibit Dismissal of Case Pending Arbitration and ‎Require Court to Assess Conflicting...

The Supreme Court recently issued a pair of unanimous decisions clarifying how arbitration clauses impact litigation. One decision restricts a court’s discretion to dismiss—rather than stay—litigation after ordering the...more

Updated: CFPB Extends Sec. 1071 Compliance Deadlines After Surviving Community Financial

UPDATE: Minutes after the below QuickStudy was published, the CFPB declared that it will issue an interim final rule to extend compliance deadlines for the Final Rule. The earliest compliance date will be extended from...more

Texas Federal Court Enjoins ‎the CFPB’s ECOA Data-Collection Rule for All ‎Covered Institutions

On October 26, 2023, the Southern District of Texas entered a nationwide injunction staying the Consumer Financial Protection Bureau’s recent Final Rule regarding data collection for commercial lenders under the Equal Credit...more

Why Pausing CFPB Small Biz Lending Rule May Be Prudent

Rio Bank, the American Bankers Association and the Texas Bankers Association have sued the Consumer Financial Protection Bureau and have moved for preliminary injunctive relief to suspend the CFPB's recent final rule...more

Texas and American Bankers ‎Associations Sue CFPB to Invalidate ‎Final Rule Amending the ‎ECOA, Seek Preliminary Injunction

On May 14, 2023, the American Bankers Association joined a lawsuit filed by the Texas Bankers Association and a Texas bank, suing the Consumer Financial Protection Bureau to obtain a declaratory judgment invalidating the...more

Illinois Legislature Introduces Bill to ‎‎Adopt TILA-Style ‎Commercial Lending Disclosures

On February 10, 2023, the Illinois General Assembly introduced the “Small Business Truth in Lending Act”, which would require lenders to make TILA-like disclosures for small business commercial loans. If passed, Illinois...more

CFPB’s Proposed Rule Would Register ‎and Publish Waiver Provisions Used by Nonbanks in ‎Consumer ‎Contracts

On January 11, 2023, the Consumer Financial Protection Bureau proposed a rule that would require certain nonbanks to disclose provisions in form contracts that waive consumer rights. The CFPB would then make those terms...more

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