After the first 100 days of President Donald Trump’s second term, few areas of government have avoided disruption or controversy, and the regulation of credit unions—normally a quiet corner within the federal bureaucracy—has...more
It has been a little over two months since President Donald Trump returned to office, and since then, the Consumer Financial Protection Bureau (CFPB) has been in flux—to put it mildly. As of this writing, it is unclear...more
It has been a little over two months since President Donald Trump returned to office, and since then, the Consumer Financial Protection Bureau (CFPB) has been in flux—to put it mildly. As of this writing, it is unclear...more
One of the primary challenges with working in the U.S. financial services space is keeping up with the ever-changing federal and state regulatory landscape. Juggling the day-to-day fire drills while staying atop of regulatory...more
1/13/2025
/ Anti-Discrimination Policies ,
California ,
Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Credit Reports ,
Data Collection ,
Data Privacy ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDIC ,
Fees ,
Financial Institutions ,
Financial Services Industry ,
Medical Debt ,
Payday Loans ,
Regulatory Agenda ,
Regulatory Requirements ,
Small Business ,
TCPA
On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) published its highly anticipated notice of proposed rulemaking (NPRM) that would regulate data brokers and the sale of Americans’ personal and financial...more
12/6/2024
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Credit History ,
Credit Reports ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Sellers ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Proposed Rules ,
SBREFA
For highly regulated industries, “whole of government” has become a dreaded byword for an era of steadily increasing regulatory burdens. It implies a large, coordinated, multiagency effort directed toward a specific public...more
2024 has been an eventful year for the CFPB. As we detailed in June, the CFPB survived its second constitutional challenge at the Supreme Court in CFSA v. CFPB, and “[n]ewly emboldened, the CFPB’s already robust policy agenda...more
11/8/2024
/ Congressional Review Act ,
Consumer Credit Protection ,
Consumer Financial Protection Bureau (CFPB) ,
Data Brokers ,
Dodd-Frank ,
Enforcement ,
Fair Credit Reporting Act (FCRA) ,
FDIC ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Late Fees ,
Medical Debt ,
Open Banking ,
Overdraft Fees ,
Popular ,
Small Business ,
Trump Administration ,
UDAAP
With Loper Bright’s recent death blow to Chevron deference, some commentators have been predicting substantial constriction of the administrative state and the narrowing or limiting of the powers of federal regulators. For...more
7/25/2024
/ Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Applicants ,
ECOA ,
EFTA ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Race Discrimination ,
Regulation B ,
Regulatory Authority ,
RESPA ,
Statutory Interpretation
On February 13, 2024, the Minnesota legislature introduced H.F. 3680, a bill that proposes to opt out of federal interest rate preemption by federally insured state-chartered banks or credit unions making consumer loans in...more
Colorado is in the headlines again. On January 29, a bill was introduced in the Colorado legislature to include certain additional charges in the total amount of finance charges subject to rate limits under the Colorado...more
Here’s what you need to know:
1. The House Financial Services Committee formed a 12-member working group on Artificial Intelligence (AI). The group is tasked with exploring AI’s comprehensive impact on financial services so...more
On December 12, 2023, the Federal Trade Commission (FTC) announced it has finalized the Combating Auto Retail Scams Rule (CARS Rule), which imposes various obligations affecting dealers’ sales practices and will also impact...more
1/23/2024
/ Add-ons ,
Car Dealerships ,
CARS Rule ,
Dealers ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Lenders ,
Military Service Members ,
Misrepresentation ,
Recordkeeping Requirements ,
Scams
One of the primary challenges with working in U.S. financial services is keeping up with the ever-changing federal and state regulatory landscape. Juggling the day-to-day fire drills while staying atop of regulatory changes...more
1/4/2024
/ Annual Percentage Rate (APR) ,
Anti-Discrimination Policies ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Data Security ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
Late Fees ,
Loans ,
Regulatory Agenda ,
Small Business
Key Point: The Federal Trade Commission (FTC) has amended the Safeguards Rule to require non-banking financial institutions to inform the FTC within 30 days of discovering any unauthorized acquisition of unencrypted customer...more
10/31/2023
/ Amended Rules ,
Board of Governors ,
Breach Notification Rule ,
Cyber Incident Reporting ,
Data Breach ,
Data Security ,
Dodd-Frank ,
FDIC ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
GLBA Privacy ,
Gramm-Leach-Blilely Act ,
Non-Public Information ,
NYDFS ,
OCC ,
Safeguards Rule ,
Securities and Exchange Commission (SEC)
On September 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued new guidance outlining lenders’ obligations under the Equal Credit Opportunity Act (ECOA) and Regulation B when using artificial intelligence (AI)...more
In a not-entirely-unexpected ruling, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas recently vacated the Consumer Financial Protection Bureau’s (CFPB) updated Unfair, Deceptive, or...more
The Consumer Financial Protection Bureau (CFPB) has been at the forefront of discussions surrounding the evolving role of data brokers in today’s digital economy. In particular, Director Rohit Chopra recently announced that...more
Minnesota has expanded its fair lending statute to prohibit discriminating against a person in the extension of credit or in the requirements of obtaining credit because of gender identity. Prior to this amendment, the...more
On March 27, Colorado legislators introduced a bill (H.B. 1229) to opt out of federal banking laws that permit federally insured state chartered banks and credit unions to charge Colorado residents the “interest” permitted...more
Perhaps not as prominent in the national news as another relatively high-profile balloon, in its latest effort to legislate and regulate by enforcement, the Consumer Financial Protection Bureau (CFPB), together with New...more
2/10/2023
/ Banks ,
Car Dealerships ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Unions ,
Financial Institutions ,
Installment Agreements ,
New York ,
Price Inflation ,
Regulation Z ,
State Attorneys General ,
UDAAP
On February 1, 2023, the Consumer Financial Protection Bureau (CFPB) published a proposed rule that, if implemented, would require most nonbanks subject to the CFPB’s supervisory authority, with limited exceptions, to submit...more
Without its typical fanfare, the CFPB has revealed a plan to propose a rule titled “Nonbank Registration – Terms and Conditions” in its “Agency Rule List - Fall 2022.” The description of the proposed rule is scant, a mere...more
Update: On September 29, 2022, the Consumer Financial Protection Bureau issued Supervisory Highlights Student Loan Servicing Special Edition, finding that blanket college and university policies of withholding transcripts...more
In the past, it has been common for an institution of higher education to withhold a student’s transcript when the student had outstanding liability to the school. Bankruptcy and various loan collection laws have long placed...more
On January 20, 2022, the Consumer Financial Protection Bureau (CFPB) announced new efforts to examine postsecondary schools’ institutional lending programs. Many colleges and universities offer in-house student loans,...more