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Second Circuit Rules CFPB’s Funding Does Not Violate Appropriations Clause

A three-judge panel of the U.S. Court of Appeals for the Second Circuit has unanimously ruled that the CFPB’s funding structure does not violate the Appropriations Clause of the U.S. Constitution. In its decision, the panel...more

CFPB issues final Section 1071 rule on small business data collection; Ballard Spahr to hold webinar on April 17

The Consumer Financial Protection Bureau has issued its long-awaited final rule to implement Section 1071 of the Dodd-Frank Act.  Section 1071 amended the Equal Credit Opportunity Act to require financial institutions to...more

CFPB credit card late fees proposal published in Federal Register

Nearly two months after it was issued on February 1, the CFPB’s proposal to make significant changes to the Regulation Z rules for credit card late fees was published in today’s Federal Register. The changes include a...more

Second Circuit rules that CFPB’s funding does not violate Appropriations Clause

A three-judge panel of the U.S. Court of Appeals for the Second Circuit has unanimously ruled that the CFPB’s funding structure does not violate the Appropriations Clause of the U.S. Constitution. In its decision, the panel...more

CFPB Issues Request For Information About Data Brokers And Other Businesses That Collect And Sell Consumer Data

The CFPB has issued a request for information about business models that collect and sell consumer data, such as data brokers, data aggregators, and platforms. The RFI is intended to provide the CFPB with insight into the...more

SCOTUS extends briefing schedule in case challenging constitutionality of CFPB’s funding

Having granted the certiorari petition filed by the CFPB seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB, the U.S. Supreme Court has granted the parties’...more

SEC asks SCOTUS to review Fifth Circuit decision with implications for CFPB’s use of administrative law judges

The Securities and Exchange Commission (SEC) has filed a petition for certiorari with the U.S. Supreme Court seeking review of the Fifth Circuit’s decision in Jarkesy v. Securities and Exchange Commission, a case with...more

Republican House members send letter to Director Chopra raising concerns about CFPB credit card late fees proposal

A group of 17 Republican members of the House Financial Services Committee have sent a letter to CFPB Director Chopra regarding the CFPB’s credit card late fees proposal. ...more

Witnesses for March 9 House hearing on CFPB announced

The witnesses have been announced for the hearing on the CFPB to be held on March 9, 2023 by the House Financial Services Committee’s Subcommittee on Financial Institutions and Monetary Policy. They are...more

CFPB issues new report on buy-now-pay-later

The CFPB has issued a new report ,“Consumer Use of Buy Now, Pay Later: Insights from the CFPB Making Ends Meet Survey,” that looks at the financial profiles of consumers who use buy-now-pay-later (BNPL) products....more

House to hold March 9 hearing on CFPB

On March 9, 2023, the House Financial Services Committee’s Subcommittee on Financial Institutions and Monetary Policy will hold a hearing entitled “Consumer Financial Protection Bureau: Ripe for Reform.”  The witnesses for...more

CFPB issues report on delivery of public benefits payments

A new CFPB report, “Issue Spotlight: Public Benefits Delivery & Consumer Protection,” looks at what it describes as “the challenges that recipients of public benefits programs offering cash assistance encounter in accessing...more

CFPB finalizes updates to Rules of Practice for Adjudication Proceedings

The CFPB has finalized a procedural rule that updates its Rules of Practice for Adjudication Proceedings (Rules of Practice). The procedural rule was issued in February 2022 and became effective on February 22, 2022, the...more

CFPB proposes significant changes to credit card late fee rules, including reduction in late fee safe harbor amounts and...

We suspected something was afoot when December 2022 came and went without the CFPB announcing its annual inflation adjustments to the credit card late fee safe harbor amounts set forth in Regulation Z (which implements the...more

CFPB files opposition to CFSA cross-petition for certiorari; payment processor trade group files amicus brief in support of...

The CFPB has filed its brief in opposition to the cross-petition for certiorari filed by Community Financial Services Association (CFSA). The CFPB’s certiorari petition seeks review of the Fifth Circuit panel decision in...more

CFSA files opposition to CFPB’s certiorari petition seeking review of Fifth Circuit ruling that CFPB’s funding is unconstitutional...

Community Financial Services Association (CFSA) has filed its brief in opposition to the CFPB’s certiorari petition seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America...more

CFPB adds six new items to Fall 2022 rulemaking agenda, including overdraft fees, fees for insufficient funds, and credit card...

The CFPB has published its Fall 2022 rulemaking agenda as part of the Fall 2022 Unified Agenda of Federal Regulatory and Deregulatory Actions.  The agenda’s preamble indicates that “[t]he Bureau reasonably anticipates having...more

CFPB annual report on consumer complaints about “Big 3” consumer reporting agencies flags concerns with use of automated processes

The CFPB has issued its “Annual report of credit and consumer reporting complaints” that reports on consumer complaints submitted to the CFPB regarding the three largest nationwide consumer reporting agencies (NCRAs)—Equifax,...more

CFPB rejects challenge to its authority to investigate crypto lender

The CFPB recently denied the petition of Nexo Financial LLC to modify the CFPB’s Civil Investigative Demand (CID) issued to Nexo, rejecting Nexo’s claim that the CFPB does not have jurisdiction to investigate crypto-lending...more

CFPB settles lawsuit against My Loan Doctor and its founder for alleged deceptive marketing of deposit accounts

The CFPB announced last week that it has entered into a proposed settlement of the lawsuit it filed in July 2020 against My Loan Doctor, LLC (“Loan Doctor”) and its founder, Edgar Radjabli, for allegedly making false,...more

U.S. Chamber of Commerce and other trade groups file motion for summary judgment in lawsuit against CFPB challenging UDAAP update...

The U.S. Chamber of Commerce has filed a motion for summary judgment in its lawsuit filed in September 2022 against the CFPB challenging the CFPB’s recent update to the Unfair, Deceptive, or Abusive Acts or Practices (UDAAP)...more

SCOTUS grants CFSA extension to file opposition to CFPB’s certiorari petition seeking review of Fifth Circuit ruling that CFPB’s...

Last week, the U.S. Supreme Court granted the unopposed request of the Community Financial Services Association for a 30-day extension until January 13, 2023 to file its brief in opposition to the CFPB’s certiorari petition...more

CFPB expands consumer complaint access to local governments

In a recent blog post, the CFPB announced that it has started sharing consumer complaint data with local governments through its Government Portal. The Government Portal gives local, state, and federal government agencies...more

CFPB highlights accuracy problems in two reports on tenant background screening reports

The CFPB recently released two reports concerning tenant background checks.  One report, “Consumer Snapshot: Tenant Background Checks,” discusses consumer complaints received by the CFPB that relate to tenant screening by...more

CFPB Fall 2022 Supervisory Highlights looks at auto servicing, consumer reporting, credit card account management, debt...

The CFPB has released the Fall 2022 edition of its Supervisory Highlights. The report discusses the Bureau’s examinations in the areas of auto servicing, consumer reporting, credit card account management, debt collection,...more

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