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Fees Proposed Rules

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

Ballard Spahr LLP

Chopra Delivers Testimony to Congress on Semi-Annual Report

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On June 4, 2024, the CFPB issued its Semi-Annual Report to Congress covering the period beginning April 1, 2023 and ending September 30, 2023. On June 12, 2024, CFPB Director Chopra appeared before the Senate Banking...more

Ballard Spahr LLP

CFPB Director Addresses Credit Report Fees Before the Mortgage Bankers Association

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As part of the CFPB’s crusade against junk fees, CFPB Director, Rohit Chopra addressed credit report fees in prepared remarks at the Mortgage Bankers Association’s Secondary & Capital Markets Conference & Expo 2024. While...more

Foley & Lardner LLP

CFPB Announces Proposed Rule Regarding Nonsufficient Funds Fees

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On Wednesday, January 24, 2024, the Consumer Financial Protection Bureau (CFPB) announced a Proposed Rule aimed at blocking nonsufficient funds (NSF) fees on debit card, ATM, and certain peer-to-peer payment transactions that...more

WilmerHale

PTAB/USPTO Update - May 2024

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On April 30, the USPTO announced a Request for Comments (RFC) seeking public feedback on how AI could affect USPTO evaluations on patentability, including what qualifies as prior art and the assessment of the level of...more

Goodwin

The CFPB’s “Junk Fees” Initiative: Recent Developments and Trends

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The term “junk fee” is not defined under federal law, but the CFPB has focused on factors such as whether the fee would be unexpected to or take advantage of a reasonable consumer, the amount of the fee compared to the cost...more

Troutman Pepper

An In-Depth Analysis of the CFPB’s Proposed Overdraft Rule - The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis and Josh McBeain discuss the Consumer Financial Protection Bureau’s (CFPB) proposed rule on overdraft fees. The rule, which only applies to large financial...more

Holland & Knight LLP

The FTC Takes Initiative to Stop Junk Fees

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Initiative to Stop Junk Fees," consumer protection attorney Anthony DiResta summarizes the FTC's proposed rule to prohibit junk fees. Mr. DiResta...more

Ballard Spahr LLP

VA Proposes Supplemental Refinance Loan Rule

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As previously reported, in November 2022 the Department of Veterans Affairs (VA) issued a proposal to update its rules for interest rate reduction refinancing loans (often referred to as “IRRRLs”) to conform with VA loan...more

Morgan Lewis

Mitigating the Risk from ‘Junk Fees’

Morgan Lewis on

Increases in enforcement and private litigation relating to what federal and state authorities have termed “junk fees” pose a growing challenge to businesses across geographies and sectors, as evidenced by the recent uptick...more

Mayer Brown

CFPB Proposes Latest Rule in Initiative Against So-Called “Junk Fees”

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On January 24, 2024, the Consumer Financial Protection Bureau (“CFPB”) launched the latest salvo in its war against so-called “junk fees” by issuing a proposed rule that would prohibit financial institutions from charging...more

BakerHostetler

Keeping Up with the FTC Rulemakings - Part Two

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There is so much Federal Trade Commission (FTC) rulemaking going on that we needed a second blog to provide the necessary update on all the matters that are pending. And Daniel is right: Who doesn’t love a two-parter? ...more

Kelley Drye & Warren LLP

A Group of 19 State AGs Support the FTC’s Proposed Rule on ​“Junk Fees”

Another week, another flag on so-called junk fees. The FTC is in the midst of a months-long rulemaking targeting ​“unfair or deceptive fees” that would fundamentally alter the way businesses can advertise their prices to...more

Troutman Pepper

State AGs Support FTC’s Proposed Rule Prohibiting “Junk” Fees

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On February 7, a coalition of 19 state attorneys general (AG) filed a comment letter supporting the Federal Trade Commission’s (FTC) proposed Trade Regulation Rule on Unfair or Deceptive Fees (Rule). The state AGs echoed the...more

Venable LLP

The CFPB’s Next Target in its War on “Junk Fees”: Overdraft Fees

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Earlier in January 2024, the CFPB continued its crackdown on what it decries as “junk fees,” releasing a Proposed Rule to curb overdraft fees. The Proposed Rule could have a significant effect on the nature, availability, and...more

Jones Day

EPA Proposes Regulations to Implement Methane Fee

Jones Day on

The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more

Goodwin

CFPB Announces New Proposed Rule to Target Junk Fees

Goodwin on

On January 24, 2024, the Consumer Financial Protection Bureau (CFPB) announced a new proposed rule as part of the CFPB’s broader strategy of targeting junk fees. This proposed rule would “prohibit non-sufficient funds (NSF)...more

Morgan Lewis

Recent Crackdown on Junk Fees: Federal, State, and Private Actions

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What Are Junk Fees? “Junk fees” refer to the broad swath of fees and charges, often mandatory, that are not included in the initial offered price of a good or service. Common examples include mandatory fees charged by hotels,...more

Troutman Pepper

Massachusetts AG Settles $3.5M COVID-19 Delivery Fee Case With Grubhub

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On January 12, Massachusetts Attorney General (AG) Andrea Joy Campbell announced a settlement with Grubhub Holdings Inc. and Grubhub, Inc., (Grubhub) for repeatedly violating a statutory limit on the fees that third-party...more

Katten Muchin Rosenman LLP

The Latest Chapter in the Government's War on Purported "Junk" Fees: The CFPB Moves to Define Overdraft Services as Credit and to...

On January 17, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its Notice of Proposed Rulemaking regarding proposed changes to overdraft fee rules for certain banks and credit unions. In the widely...more

Ballard Spahr LLP

CFPB proposed rule would makes certain overdraft program’s credit subject to Regulation Z disclosure requirements and could cap...

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In furtherance of the Biden Administration’s “junk fee” agenda, on January 17, 2024, the Consumer Financial Protection Bureau issued its proposed rule to amend Regulations E and Z to regulate overdraft services provided by...more

Troutman Pepper

New Year Same Focus on Fees: CFPB Proposes to Amend Regulation Z to Raise New Barriers to Overdraft Charges

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On January 17, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule with request for public comment to amend exemptions to Regulation Z so the Truth in Lending Act (TILA)/Regulation Z would apply...more

Hudson Cook, LLP

CFPB Bites of the Month - January 2024 - A Hazy Shade of Winter With the CFPB

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In this month's article, we share some of our top "bites" for the prior and current month covered during the January 2024 webinar....more

BakerHostetler

How Many Junk Fees Does It Take to Create a Dark Pattern?

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Junk fees and dark patterns are very much on the FTC’s mind these days, and they are very intertwined. To some degree, the concern over junk fees reflects a concern over a more traditional type of dark pattern – for example,...more

Nutter McClennen & Fish LLP

Nutter Bank Report: December 2023

A recent OCC report identified key issues facing the federal banking system, including increasing credit risk due to higher interest rates, increasing risk in commercial real estate lending, prolonged inflation, declining...more

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