News & Analysis as of

Consumer Financial Protection Bureau (CFPB) Employees

Littler

The CFPB Cautions Employers About Using Technology to Track, Assess, and Evaluate Workers

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On October 24, 2024, the federal Consumer Financial Protection Bureau (CFPB) published a circular cautioning employers about using workplace tracking technology, including AI, under the Fair Credit Reporting Act (FCRA). The...more

Woods Rogers

CFPB Warns Employee Confidentiality Agreements May Violate Whistleblower Protections

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The Consumer Financial Protection Bureau (CFPB) recently issued the Consumer Financial Protection Circular 2024-04 warning financial institutions that broad employee confidentiality agreements may violate the whistleblower...more

Ballard Spahr LLP

CFPB: Confidentiality Agreements Can’t Deter Whistleblowers from Reporting Alleged Violations

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The CFPB warned on July 24, 2024,  that confidentiality agreements that employees of a company are required to sign likely violate federal law if those agreements imply that employees could face retaliation from their...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Circular, Warning Against Whistleblower Intimidation

On July 24, 2024, the CFPB issued a circular detailing how companies may be breaking the law by requiring employees to sign broad nondisclosure agreements that could deter whistleblowing.  Under Section 1057(a) of the...more

Troutman Pepper

CFPB Continues Medical Expenses Scrutiny by Highlighting the Costs of Health Savings Accounts

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The Consumer Financial Protection Bureau (CFPB) recently released an Issue Spotlight highlighting the costs and fees associated with Health Savings Accounts (HSAs). While acknowledging that HSAs offer tax advantages that can...more

Ballard Spahr LLP

CFPB Agrees to Pay $6M to Settle Discrimination Claims by Black and Hispanic Employees

Ballard Spahr LLP on

After nearly a decade of litigation, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia has approved the Consumer Financial Protection Bureau’s $6.0 million settlement of class claims of alleged...more

Troutman Pepper

CFPB Issues Letter Supporting California DFPI’s Proposed Classification of EWAs as Loans and Promises Guidance as to Federal...

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In March 2023, the California Department of Financial Protection and Innovation (DFPI) proposed new regulations under the California Financing Law that would update the definition of loan to include what it dubs as...more

Sheppard Mullin Richter & Hampton LLP

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

Dinsmore & Shohl LLP

CFPB Releases New Required Form for Use in Employee Background Check Process

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The Consumer Financial Protection Bureau has released an updated version of the "Summary of Your Rights Under the Fair Credit Reporting Act" notice that all employers must provide to employees before taking any adverse action...more

Sheppard Mullin Richter & Hampton LLP

CFPB and NLRB Enter Information Sharing Agreement

On March 7, the CFPB and the NLRB announced that they entered into an information sharing agreement to better protect consumers and address practices that harm workers in specific labor markets. The agreement further supports...more

Akerman LLP - HR Defense

Does Your Clawback Need A Manicure?

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You’ve wined and dined and trained and invested in your new hire, and now they’re leaving you in the midst – before you were ready – can you still get the ring back, or in this case, “clawback” your training and other related...more

Venable LLP

CFPB Considers Whether to Regulate Certain Employer-Employee Arrangements as Financial Products

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​​​​​​​The Consumer Financial Protection Bureau, under Director Rohit Chopra's leadership, has taken the first step toward regulating what the CFPB describes as "employer-driven debt," which refers to a range of employment...more

Sheppard Mullin Richter & Hampton LLP

CFPB Rescinds Special Regulatory Treatment for EWA Company

On June 30, the CFPB issued an order terminating an EWA provider’s Sandbox Approval Order relating to its earned wage access products. In December 2020, the CFPB provided the company special regulatory treatment,...more

Sheppard Mullin Richter & Hampton LLP

Treasury Department Proposes Non-Loan Status for Earned Wage Access

In March, U.S. Department of Treasury issued its annual General Explanations of the Administration’s Revenue Proposals, commonly known as the “Green Book.”  Among other revenue proposals, the Treasury addressed the treatment...more

Perkins Coie

Fintech Legal Report - October 2021

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Chopra Sworn in as CFPB Director On October 12, 2021, Rohit Chopra was sworn in as the CFPB Director. Acting Director David Uejio will leave his post but will remain at the CFPB as he awaits his likely confirmation to a fair...more

Perkins Coie

Fintech Week in Review: December 2020

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FTC Alleges Mobile App’s Deposit Promises Were Deceptive - Following a May 2020, civil investigative demand, the Federal Trade Commission (FTC) filed suit against the operators of a mobile banking app, alleging that they...more

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