News & Analysis as of

Consumer Financial Protection Act (CFPA) Rulemaking Process

Sheppard Mullin Richter & Hampton LLP

Senator Warren Presses CFPB to Use Existing Authorities to Address Credit Card Costs

On January 23, the U.S. Senate Committee on Banking, Housing, and Urban Affairs announced that Senator Elizabeth Warren sent a letter to CFPB Acting Director Russell Vought, urging the Bureau to take more aggressive action to...more

Sheppard Mullin Richter & Hampton LLP

CFPB to Begin Transferring Remaining Litigation to DOJ Amid Funding Collapse

On November 20, 2025, the CFPB notified staff that it will begin transferring its remaining enforcement lawsuits and other pending litigation to the Department of Justice. The shift comes as the agency anticipates running out...more

Ballard Spahr LLP

CFPB rescinds amendments to the Rules of Practice for Adjudication Proceedings

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Effective October 29, 2025, the CFPB finalized its rule, published at 90 Fed. Reg. 48737-60, rescinding certain amendments to the rules made on February 22, 2022 and on March 29, 2023 (collectively, the 2022 and 2023...more

Ballard Spahr LLP

CFPB Restores CSI Treatment of “Pose Risk” Decisions

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Effective October 27, 2025, the CFPB rescinded the amendments to the Procedures for Supervisory Designation Proceedings that it adopted in April 2022, November 2022, and April 2024, , with the exception of some limited...more

Troutman Pepper Locke

CFPB’s Proposed Reg B Overhaul: Ending ECOA Disparate Impact, Narrowing Discouragement, and Reshaping SPCPs

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The Consumer Financial Protection Bureau (CFPB or Bureau) has proposed an unprecedented, far‑reaching rewrite of Regulation B (Reg B) under the Equal Credit Opportunity Act (ECOA). If finalized, the proposed rule would...more

Troutman Pepper Locke

The 1033 Shake-Up: CFPB's New Rulemaking Adventure — The Consumer Finance Podcast

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In this crossover episode of Payments Pros and The Consumer Finance Podcast, Carlin McCrory is joined by colleague Kim Phan to discuss the Consumer Financial Protection Bureau's (CFPB) recent developments regarding Section...more

Holland & Knight LLP

CFPB Rescinds Amendments to Supervisory Designation Proceedings

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The CFPB on Sept. 25, 2025, issued a final rule to rescind amendments it previously adopted to the Procedures for Supervisory Designation Proceedings, "with the exception of some limited process adjustments."...more

Troutman Pepper Locke

The 1033 Shake-Up: CFPB's New Rulemaking Adventure — Payments Pros – The Payments Law Podcast

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In this episode of Payments Pros, Carlin McCrory is joined by colleague Kim Phan to discuss the Consumer Financial Protection Bureau's (CFPB) recent developments regarding Section 1033 of the Consumer Financial Protection Act...more

Orrick, Herrington & Sutcliffe LLP

CFPB publishes its unified agenda for spring 2025

Recently, the U.S. Office of Management and Budget received the CFPB’s Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, outlining 25 regulatory activities at different stages of the administrative process. ...more

Ballard Spahr LLP

CFPB proposes to standardize Nonbanks’ ‘Risks to Consumers’

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The CFPB is proposing a rule that standardizes determinations that nonbanks pose “risks to consumers,” a move that could result in fewer nonbanks being designated as posing risk and thus subject to CFPB supervisory...more

Patomak Global Partners

CFPB Initiates New Rulemaking for Section 1033

The Trump administration’s CFPB leadership has rolled back a series of Biden-era initiatives. As part of this deregulatory push, on 30 May, CFPB leadership signaled its intent to change course on the rulemaking mandated by...more

Bradley Arant Boult Cummings LLP

CFPB Focuses on “Serious Conduct” with Proposed Limits on Nonbank Supervision

On August 26, 2025, the Consumer Financial Protection Bureau (CFPB or the Bureau) published a proposed rule that would narrow its supervisory authority over nonbanks. Under the proposed rule, the CFPB plans to exercise...more

Hudson Cook, LLP

CFPB Proposes Legal Standard for Nonbank Supervision Proceedings

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On August 26, 2025, the Consumer Financial Protection Bureau published a proposed rule in the Federal Register that would define "risks to consumers" and bind the Bureau in proceedings to designate nonbanks for Bureau...more

Troutman Pepper Locke

CFPB Proposes Stricter Standards Limiting Supervision of Nonbanks

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The Consumer Financial Protection Bureau (CFPB or Bureau) is taking a significant step to modify its supervisory approach to nonbanks by publishing a proposed rule advancing a more stringent definition of “risks to consumers”...more

Holland & Knight LLP

CFPB Proposes Legal Standard Applicable to Supervisory Designation Proceedings

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The CFPB on Aug. 26, 2025, issued a proposed rule to adopt a legal standard applicable to supervisory designation proceedings. Specifically, the CFPB is proposing to adopt a standard definition of "risks to consumers with...more

Orrick, Herrington & Sutcliffe LLP

CFPB scraps rule allowing states to enforce the CFPA without notice

On July 21, the CFPB published a notice in the Federal Register withdrawing its direct final rule that would have rescinded procedures requiring state officials to notify the Bureau when taking action to enforce the CFPA. As...more

Troutman Pepper Locke

CFPB Section 1033 Open Banking Rule Stayed as CFPB Initiates New Rulemaking

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In a significant turn of events, the Consumer Financial Protection Bureau (CFPB or Bureau) has decided to initiate a new rulemaking process concerning its final rule on personal financial data rights under Section 1033 of the...more

Sheppard Mullin Richter & Hampton LLP

CFPB Withdraws Rule to Eliminate State Enforcement Notification Requirements

On July 21, the CFPB withdrew its plan to repeal rules that provide procedures for state officials to notify the Bureau before initiating enforcement actions under the Consumer Financial Protection Act (CFPA). The CFPB cited...more

Orrick, Herrington & Sutcliffe LLP

District court urged to uphold the CFPB’s open banking rule

On June 29, an intervenor-defendant, a fintech association, filed a motion for summary judgment urging the U.S. District Court for the Eastern District of Kentucky to uphold the CFPB’s Section 1033 rule. The fintech...more

Sheppard Mullin Richter & Hampton LLP

CFPB Proposes to Eliminate Education Allocations from Civil Penalty Fund

On June 18, the CFPB published a proposed rule that would rescind its authority to use money from the Civil Penalty Fund for consumer education and financial literacy initiatives. The proposed changes would amend the CFPB’s...more

Holland & Knight LLP

CFPB Publishes Additional Proposals to Rescind "Unnecessary" Rules and Regulations

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The CFPB continues on its path to rescind what it considers to be unnecessary regulatory guidance, with two additional proposals recently published. First, the agency published an interim final rule on May 16, 2025, to...more

Orrick, Herrington & Sutcliffe LLP

CFPB to rescind state requirement to notify Bureau on CFPA enforcement

On May 21, the CFPB published a notice in the Federal Register withdrawing its procedures that required state officials to notify the Bureau when taking action to enforce the CFPA. The direct final rule, effective July 21,...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – May 2025 # 3

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Orrick, Herrington & Sutcliffe LLP

CFPB rescinds prior notice on state enforcement scope

On May 15, the CFPB published a Federal Register notice withdrawing its interpretive rule on the scope of state enforcement under Section 1042 of the CFPA. Under the new administration, the Bureau deemed the interpretative...more

Troutman Pepper Locke

CFPB Rescinds Dozens of Regulatory Guidance Documents in Major Regulatory Shift

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The Consumer Financial Protection Bureau (CFPB or Bureau) announced the withdrawal of 67 regulatory guidance documents, including interpretive rules, policy statements, and advisory opinions that have been issued since the...more

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