News & Analysis as of

Truth in Lending Act (TILA)

GeoDataVision

FDIC Announces Big Change to Consumer Compliance Exam Frequency

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A golden opportunity has been lost - On November 7, the FDIC announced a change to the consumer compliance examination cycle....more

Orrick, Herrington & Sutcliffe LLP

District Court Denies Trade Organization’s Attempt to Stop CFPB’s Final PACE Rule

On November 3, the U.S. District Court for the Southern District of Florida denied a motion to enjoin a final rule issued by the CFPB that applies TILA protections and other federal regulations to residential PACE financing....more

Sheppard Mullin Richter & Hampton LLP

District Court Denies Arbitration of Service Members’ Class Action Claims Under Military Lending Act Holding That Earned Wage...

On October 7, the U.S. District Court for the Northern District of California denied a fintech company’s motion to compel arbitration in a putative class action. The plaintiffs, both servicemembers, allege that the company’s...more

Bradley Arant Boult Cummings LLP

Home Equity Products 101

Home equity products enable homeowners to unlock the value of their homes through a variety of financing contracts. Each product has distinct features, benefits, and risks. In this post, we compare and contrast common home...more

Orrick, Herrington & Sutcliffe LLP

District court holds fintech’s arbitration agreement violates Military Lending Act

On October 7, the U.S. District Court for the Northern District of California denied a fintech company’s motion to compel arbitration and stay litigation in a putative class action, for allegedly violating federal and Georgia...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts finalizes amendments to small loans, truth in lending, and mortgage licensing regulations

Recently, the Massachusetts Division of Banks announced amendments to 209 CMR 20.00 (Small Loans, Sales Finance Companies, and Insurance Premium Finance Companies), 209 CMR 32.00 (Truth in Lending), and 209 CMR 42.00...more

Troutman Pepper Locke

Earned Wage Access Product Deemed Credit Under MLA, Leading Federal District Court to Deny Motion to Compel Arbitration

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Last week, the U.S. District Court for the Northern District of California denied Empower Finance’s motion to compel arbitration in a class action lawsuit concerning its earned wage access (EWA) product, Cash Advance. In...more

Orrick, Herrington & Sutcliffe LLP

Baltimore sues online lender for alleged usury

On October 6, the Mayor of Baltimore announced the City of Baltimore sued an online lender in state court seeking civil penalties and injunctive relief for allegedly violating state and city law. According to the complaint,...more

McAfee & Taft

Gavel to Gavel: What is a bank’s responsibility when consumer fraud happens?

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You’re probably aware that criminal attempts to use fraud to separate consumers from their money are on the rise, and these attacks are increasingly sophisticated and hard to stop. You may not know what your bank’s legal...more

Sheppard Mullin Richter & Hampton LLP

Massachusetts Finalizes Amendments to Mortgage Licensing, Truth in Lending, and Small-Loan Regulations

On September 23, the Massachusetts Division of Banks finalized amendments to the Small Loans Law, the Truth in Lending Act, and the Mortgage Lender and Broker Licensing Law. The changes update licensing procedures, disclosure...more

Hudson Cook, LLP

The Hudson Cook Usury Monitor - A Publication of Recent Usury and Finance Charge Cases - Summer 2025

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For all those interested in all things "Interest" related, we provide a summary of recent state and federal court cases involving usury, finance charges, and interest rates, as they relate to the consumer and commercial...more

Nutter McClennen & Fish LLP

Nutter Bank Report: September 2025

The OCC has announced actions it is taking to eliminate alleged politicized or unlawful debanking in the federal banking system in response to President Trump’s Executive Order 14331, titled Guaranteeing Fair Banking For All...more

Orrick, Herrington & Sutcliffe LLP

CFPB terminates four consent orders against national banks, one against lender

Recently, the CFPB terminated four consent orders against two banks each after finding the banks fulfilled their obligations. The CFPB also terminated one consent order against a lender. ...more

Orrick, Herrington & Sutcliffe LLP

CFPB drops two enforcement actions against a national bank

Recently, the CFPB terminated two consent orders against a national banking association. On September 18, the CFPB terminated a consent order (2023-CFPB-0019) against the bank after determining it had fulfilled its...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

Sheppard Mullin Richter & Hampton LLP

District Court Allows Class Action Claims Against EWA Provider to Proceed Under TILA and MLA

On September 8, 2025, the U.S. District Court for the Western District of Washington denied an earned wage access provider’s motion to dismiss a putative class action brought by a servicemember. The plaintiff alleged that the...more

Ballard Spahr LLP

CFPB Spring 2025 Regulatory Agenda Mortgage Items

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The CFPB recently released its Spring 2025 Regulatory Agenda. In this post, we focus on various residential mortgage-related items included in the Regulatory Agenda. We will address other aspects of the Regulatory Agenda in...more

Ballard Spahr LLP

CFPB releases ambitious Regulatory Agenda

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The CFPB has released an ambitious Spring Regulatory Agenda that lists 24 regulatory initiatives the bureau has been and/or will be working on during the 12-month period from June 2025 through May 2026 as well as one long...more

Orrick, Herrington & Sutcliffe LLP

District court denies earned wage access company’s motion to dismiss, class action claims to continue after finding that wage...

On September 8, the U.S. District Court for the Western District of Washington denied an earned wage access provider’s motion to dismiss claims, ruling in favor of an individual alleging the fintech company of unlawful...more

Troutman Pepper Locke

Point-of-Sale Finance Series: Innovations, Regulations, and Future Trends of Modern Credit Cards — The Consumer Finance Podcast

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In this crossover episode of The Consumer Finance Podcast and Payments Pros, Jason Cover is joined by Mark Furletti, Taylor Gess, and Jeremy Sairsingh to discuss the intricate world of credit cards. Whether plastic, metal, or...more

Orrick, Herrington & Sutcliffe LLP

District court allows lawsuit on earned wage access alleging potential TILA and Pennsylvania usury violations to proceed

On August 28, the U.S. District Court for the Eastern District of Pennsylvania denied a motion to dismiss a proposed class action against a financial services company offering earned wage access products in the form of cash...more

Katten Muchin Rosenman LLP

Training Repayment Agreements and the Federal Truth in Lending Act: Case Update

A US District Court Judge for the Middle District of Tennessee recently issued a ruling in a class action case brought against a private company that offers outsourced health care services to hospitals and surgery centers...more

Orrick, Herrington & Sutcliffe LLP

District court grants summary judgment to mortgage servicer in payoff statement fee case

On August 22, the U.S. District Court for the Western District of Washington granted summary judgment in favor of a defendant mortgage servicer in a class action lawsuit challenging fees charged for expedited delivery of...more

Sheppard Mullin Richter & Hampton LLP

District Court Allows Federal TILA and Maryland Consumer Loan Law Claims to Move Forward Against Earned Wage Access Provider

On August 8, the U.S. District Court for the District of Maryland issued an opinion partially granting an earned wage access (EWA) provider’s motion to dismiss that challenged whether the company operated as an unlicensed...more

Husch Blackwell LLP

Recent Litigation Spotlights Legal Risks of Training Repayment Agreements

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Two recent disputes involving healthcare entities demonstrate some of the legal risks associated with contract clauses that require employees to reimburse their employer for the cost of job-related training if employees leave...more

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