News & Analysis as of

Consumer Financial Protection Bureau (CFPB) Banking Sector Financial Services Industry

Orrick, Herrington & Sutcliffe LLP

CFPB issues filing instructions, other resources for nonbank registration

On August 23, the CFPB issued a Filing Instructions Guide and launched the Nonbank Registry webpage to help nonbank entities understand, register and comply with the Nonbank Registration Rule (the Rule). As previously covered...more

Orrick, Herrington & Sutcliffe LLP

Banking associations aver Fort Worth is the proper venue against CFPB

On August 12, several banking associations (plaintiffs) filed an opposition to the CFPB’s motion to dismiss in its ongoing litigation over the proper venue for the CFPB’s credit card late fee final rule (the Rule). The Bureau...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be...more

Orrick, Herrington & Sutcliffe LLP

CFPB Issues Filing Instructions for Nonbank Registry

Nonbank financial institutions that have been subject to public orders resulting from regulatory actions now have filing instructions on reporting information to a new registry meant to help identify repeat offenders....more

Skadden, Arps, Slate, Meagher & Flom LLP

US Banking Agencies Are Ramping Up Scrutiny of Bank-Fintech Partnerships

On July 25, 2024, the U.S. prudential bank regulators released a Joint Statement on Banks’ Arrangements With Third Parties To Deliver Bank Deposit Products and Services (Joint Statement),1 along with a request for information...more

Orrick, Herrington & Sutcliffe LLP

CFPB comments on Treasury RFI regarding artificial intelligence in finance

On August 13, the CFPB submitted a comment to the Treasury’s RFI regarding the uses, opportunities, and risks of artificial intelligence (AI) in the financial services sector (the Treasury’s RFI was covered by InfoBytes...more

Orrick, Herrington & Sutcliffe LLP

Congress members: 1033 Rule could hinder innovation of fraud prevention tools

On July 31, a bipartisan group of Congress members sent a letter to CFPB Director Rohit Chopra raising concerns regarding the Bureau’s proposed 1033 Rule, which relates to consumer financial data privacy (covered by InfoBytes...more

Cooley LLP

CFPB Reports on Potential ‘Junk Fees’ From School Lunch Payment Platforms

Cooley LLP on

On July 25, 2024, the Consumer Financial Protection Bureau (CFPB) released a report on the costs and potential risks to families using electronic payment platforms to load money to their children’s school lunch accounts. The...more

Cadwalader, Wickersham & Taft LLP

Summer Regulatory Round-Up | July 2024

The banking regulators have not yet gone out on vacation, as demonstrated by this grab-bag of announcements, speeches, rules and guidance: Acting Comptroller of the Office of the Comptroller of the Currency (OCC),...more

Orrick, Herrington & Sutcliffe LLP

CFPB takes action against national bank for auto loan practices, unauthorized account openings

On July 9, the CFPB issued a consent order against a national bank regarding its auto loans practices that allegedly violated the CFPA. According to the order, if borrowers failed to secure insurance for physical damage to...more

Orrick, Herrington & Sutcliffe LLP

CFPB addresses its commitment to ensuring a fair mortgage market

Recently, the CFPB released a blog post to remind mortgage lenders of its commitment to maintaining a fair, competitive, and nondiscriminatory market. The CFPB’s research found a small group of lenders and loan originators...more

Goodwin

CFPB Files Proposed Judgment in Bank Suit Regarding the Opening of Unauthorized Accounts

Goodwin on

​On July 9, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it filed a proposed stipulated final judgment and ​order in its suit against a national bank accused of allegedly opening unauthorized accounts...more

Ballard Spahr LLP

A very thoughtful article about legality of CFPB’s funding when Federal Reserve System is losing money

Ballard Spahr LLP on

Shortly after the Supreme Court issued its 7-2 opinion in CFSA v. CFPB, holding that the funding mechanism for the CFPB created in the Dodd-Frank Act (a capped amount each year from the “combined earnings of the Federal...more

Ballard Spahr LLP

CFPB Issues Semi-Annual Regulatory Agenda; Registry of Supervised Non-Banks to Be Finalized This Month

Ballard Spahr LLP on

The CFPB soon plans to issue a final rule that would require certain supervised nonbank entities to register with it and provide information about their use of certain terms and conditions in standard-form contracts for...more

Ballard Spahr LLP

CFPB Releases Summer 2024 Supervisory Highlights

Ballard Spahr LLP on

The CFPB has released its Summer, 2024 Supervisory Highlights, covering issues ranging from student loan servicing to financial institution supervision of medical providers offering payment products. The report covers the...more

Orrick, Herrington & Sutcliffe LLP

CFPB extends its small business lending rule and opens comment period

On June 25, the CFPB released its formal action to extend the compliance dates for its small business lending rule, section 1071 (covered by InfoBytes here). The extension of 290 days represented the time elapsed between the...more

Cooley LLP

CFPB Extends Compliance Dates for Small Business Lending Rule

Cooley LLP on

On June 25, 2024, the Consumer Financial Protection Bureau (CFPB) formally extended by 290 days the effective date for its small business lending rule, initially released in March 2023....more

Orrick, Herrington & Sutcliffe LLP

CFPB reports negative equity findings from the Auto Finance Data Pilot

On June 17, the CFPB published the first report in a series that will analyze detailed information from nine major auto lenders – including banks, finance companies, and captive lenders – following the launch of its Auto...more

K&L Gates LLP

Overview of the CFPB's Proposed Open Banking Rule and Final Industry Standard Setting Rule

K&L Gates LLP on

The financial services and banking industry landscape continues to evolve in the face of new and emerging technologies. This phenomenon is especially prevalent in the sharing of consumer data between financial institutions...more

Morgan Lewis

CFPB Finalizes New Rule to Monitor Nonbank ‘Repeat Offenders’

Morgan Lewis on

The Consumer Financial Protection Bureau (CFPB) recently finalized its proposed rule to create a so-called “Repeat Offender” registry for certain covered financial services providers and individuals violating federal, state,...more

Cadwalader, Wickersham & Taft LLP

CFPB Awkwardly Finalizes a Portion of Its Personal Financial Data Rights Rule

As we discussed in the fall over a series of articles (Part 1, Part 2, Part 3, and Part 4) and reported on further in January, the Consumer Financial Protection Bureau (“CFPB”) is on a mission to allow consumers to more...more

Orrick, Herrington & Sutcliffe LLP

CFPB releases semi-annual report on mid-year 2023

On June 4, the CFPB released its semi-annual report to Congress, for the period beginning April 1, 2023, and ending September 30, 2023. The report highlighted rules and orders, complaints, supervisory and enforcement actions,...more

Orrick, Herrington & Sutcliffe LLP

CFPB finalizes standards setting body component of open banking rule

On June 5, the CFPB announced it finalized in part its proposed Personal Financial Data Rights rule, thus establishing the minimum qualifications necessary for the Bureau to become a recognized industry standard setting body...more

Orrick, Herrington & Sutcliffe LLP

CFPB proposes final rule for registering nonbanks for supervision

On June 3, the CFPB issued a final rule to require the registration and reporting of nonbank financial institutions that have been subject to public orders resulting from regulatory actions.  The Bureau’s stated goal in...more

Cooley LLP

CFPB Finalizes Rule to Track Nonbank ‘Repeat Offenders’

Cooley LLP on

On June 3, 2024, the Consumer Financial Protection Bureau (CFPB) published a final rule requiring covered nonbanks – generally nonbanks that are “covered persons” under the Dodd-Frank Act, subject to certain exceptions – to...more

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