The CFPB's FCRA Preemption Flip: What It Means for Consumer Reporting — FCRA Focus Podcast
On January 30, 2026, the Commodity Futures Trading Commission (CFTC) issued Staff Letter 26‑03 (Staff Letter), providing clarity for swap market participants regarding the treatment of certain legacy swaps with two Morgan...more
In June 2025, the United States Department of Labor announced a planned expansion of its opinion letter program intended to increase compliance assistance across several agencies including OSHA. The initiative is intended to...more
On December 23, 2025, the CFPB issued an advisory opinion stating that “covered” earned wage access (EWA) products fall outside the definition of credit under TILA’s Regulation Z, withdrawing a Biden Administration July 2024...more
On December 23, 2025, the Consumer Financial Protection Bureau (CFPB or “Bureau”) published an advisory opinion (the “2025 EWA Advisory Opinion”) concluding that certain earned wage access (EWA) programs do not constitute...more
In this episode of FCRA Focus, co-hosts Dave Gettings and Kim Phan are joined by partner Stefanie Jackman to unpack the Consumer Financial Protection Bureau's (CFPB) evolving interpretation of Fair Credit Reporting Act (FCRA)...more
The CFPB published an interpretive rule on Oct. 28, 2025, clarifying the scope of preemption under the Fair Credit Reporting Act (FCRA) and impact on state laws regarding credit reporting. The interpretive rule replaces a...more
The Consumer Financial Protection Bureau (CFPB) issued an interpretive rule on October 20, 2025 stating that the Fair Credit Reporting Act (FCRA) preempts state measures barring medical debt in consumer credit reports....more
On October 28, the Consumer Financial Protection Bureau (CFPB) published guidance interpreting the federal Fair Credit Reporting Act (FCRA) to provide for broad preemption of state fair credit reporting laws on the 11 subject...more
On October 28, the CFPB published an interpretive rule in the Federal Register, replacing a previously withdrawn 2022 FCRA interpretive rule and clarifying that the FCRA “generally preempts State laws that touch on broad...more
The CFPB has issued an interpretive rule that says the federal Fair Credit Reporting Act (FCRA) preempts states from regulating broad areas of credit reporting. ...more
On October 28, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a new interpretive rule replacing its 2022 interpretive rule (withdrawn in May 2025) concerning the scope of preemption under the Fair Credit...more
The Wage and Hour Division (WHD) of the Department of Labor (DOL) has proposed moving some regulations governing application of the Fair Labor Standards Act (FLSA) from the Code of Federal Regulations (CFR) to an appendix in...more
The CFPB has withdrawn its 1) Fair Credit Reporting Act (FCRA)/Regulation V Proposed Rule (Data Broker Rule), 2) Prohibited Terms and Conditions in Agreements for Consumer Financial Products or Services (Regulation AA)...more
On May 9, 2025, the Consumer Financial Protection Bureau (CFPB) formally withdrew dozens of interpretive rules, policy statements, advisory opinions, bulletins, and circulars issued over the past decade....more
The CFPB announced on May 6, 2025, that it will not prioritize enforcement actions taken on the basis of its Buy Now, Pay Later (BNPL) interpretive rule (89 Fed. Reg. 47,068), which was issued in May 2024....more
The Federal Maritime Commission (the “FMC” or the “Commission”) recently issued its highly anticipated decision on remand in TCW, Inc. v. Evergreen Shipping Agency (America) Corp. et al. (the “Order on Remand”),[1] a...more
On January 10, 2025, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed interpretive rule that would expand the Bureau’s consumer protection authority under the Electronic Fund Transfer Act (EFTA) and...more
The Consumer Financial Protection Bureau (CFPB) issued a proposed interpretive rule that, if finalized as written, would bring certain virtual currency products and services, such as stablecoins and digital wallets, within...more
On May 22, 2024, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule identifying Buy Now, Pay Later Lenders (BNPL Lenders or Lenders) as “card issuers” or “creditors” for the purposes of Regulation Z,...more
In the closing months of the Consumer Financial Protection Bureau (CFPB) under Director Rohit Chopra, the CFPB has continued its efforts to influence how states regulate financial services providers. On November 12, the CFPB...more
Alleging that the CFPB rushed to promulgate its interpretive rule, and exceeded its authority in doing so, the Financial Technology Association has filed suit against the bureau in the U.S. District Court for the District of...more
On October 18, a fintech trade group filed a complaint in a D.C. federal court challenging the CFPB’s interpretive rule on Buy Now, Pay Later (BNPL) products. The rule, released last May, treats BNPL providers as credit card...more
The Fair Credit Billing Act is not nearly as well-known to creditors and their counsel as its “fair credit” brother, the Fair Credit Reporting Act. But the FCBA is becoming increasingly popular among litigants — often pro se...more
On September 18, the CFPB issued a set of Frequently Asked Questions (FAQs) related to Buy Now, Pay Later (BNPL) products. These FAQs follow the CFPB's release of the 2024 BNPL Interpretive Rule (Interpretive Rule), which...more
purred by increased online and mobile app shopping during the COVID-19 pandemic, the Buy Now, Pay Later (BNPL) market has experienced higher growth and popularity as an innovative consumer finance offering, particularly for...more