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D.C. Circuit Narrows District Court’s Preliminary Injunction in CFPB Fight

Visit our resource center, CFPB Pause: Where From Here?, to stay on top of the latest and what it may mean for the federal and state regulatory and enforcement landscape. On Friday, April 11, the D.C. Circuit issued a per...more

U.S. District Court Blocks CFPB Shutdown; Trump Administration Seeks Immediate Stay

On Friday, March 28, U.S. District Judge Amy Berman Jackson took the “extraordinary step” of broadly enjoining the newly installed leadership of the CFPB from “eliminat[ing] the agency before the Court has the opportunity to...more

CFPB Pause: Where From Here?

Visit our resource center, CFPB Pause: Where From Here?, to stay on top of the latest and what it may mean for the federal and state regulatory and enforcement landscape. On February 8, the Consumer Financial Protection...more

Executive Order on Independent Regulatory Agencies

On February 18, 2025, the Trump Administration issued a new Executive Order, entitled “Ensuring Accountability for All Agencies,” that seeks to increase presidential oversight and control of independent regulatory agencies. ...more

Q&A: What Will the CFPB Look Like Under McKernan?

On February 11, the White House announced Jonathan McKernan’s nomination as Director of the Consumer Financial Protection Bureau (CFPB). McKernan was previously confirmed to the Board of the FDIC by the Senate on a voice...more

Who is Jonathan McKernan, the Nominee for CFPB Director?

Visit our resource center, CFPB Pause: Where From Here?, to stay on top of the latest and what it may mean for the federal and state regulatory and enforcement landscape. On February 11, the White House announced the...more

Q&A: Will States Take the Lead in Consumer Protection?

On Saturday, February 1, Rohit Chopra was dismissed as Director of the Consumer Financial Protection Bureau (CFPB), with Secretary Scott Bessent appointed as Acting Director that same day. The following weekend, Office of...more

Will State-Level Consumer Protection Activity Increase Amid CFPB Shakeup?

On Saturday, February 1, Rohit Chopra was dismissed as Director of the Consumer Financial Protection Bureau (CFPB), with Secretary Scott Bessent appointed as Acting Director that same day. The following weekend, Office of...more

CFPB Proposal to Broaden EFTA/Reg E Scope has Implications for Crypto, Gaming and Credit Cards

On Friday, January 10, the Consumer Financial Protection Bureau (CFPB) proposed an interpretive rule that could significantly broaden the scope of the Electronic Fund Transfer Act (EFTA) to encompass a wide range of digital...more

CFPB Eyes More Oversight of Major Consumer Payment Nonbanks

The CFPB adopted a final rule providing for increased oversight of certain companies offering consumer payment products like mobile apps and digital wallets. Continuing to lean into its plans to expand its authority to...more

What’s Coming in Consumer Finance Regulation & Enforcement?

The Trump Administration promises a new landscape for financial institutions and fintechs. Orrick’s John Coleman, Amanda Lawrence, Jeff Naimon and Katy Ryan spoke about how to plan and operate in the coming months....more

RegFi Episode 49: CFPB’s 1033 Rule: Where to From Here?

Orrick Partner John Coleman joins the RegFi podcast for a conversation about what lies ahead for the CFPB’s finalized 1033 rule, including uncertainties created by litigation challenges, election results and the need for...more

The CFPB’s Final Rule on Personal Financial Data Rights: What Financial Institutions Should Know

The Consumer Financial Protection Bureau (CFPB) has issued a final rule implementing Section 1033 of the Consumer Financial Protection Act (CFPA), which addresses personal financial data rights. The final rule mandates that...more

RegFi Episode 41: Loper Bright, the End of Chevron and the Future of CFPB Rulemaking

In this episode of RegFi, hosts Jerry Buckley and Sasha Leonhardt welcome John Coleman, Orrick partner and former Deputy General Counsel of the CFPB, to discuss the Supreme Court’s Loper Bright decision overturning Chevron...more

Read the Actual Report: CFPB Supervisory Highlights Report Suggests That “Illegal Junk Fees” Are Not a Widespread Problem in...

On April 24, the CFPB  issued a press release entitled “CFPB Takes Action to Stop Illegal Junk Fees in Mortgage Servicing,” which touts its latest Supervisory Highlights report on mortgage servicing....more

RegFi Episode 29: The CFPB’s Expanding Supervisory Authority of Fintechs and Other Non-Banks

In our latest look at the CFPB’s expanding supervisory authority of fintechs and other non-bank financial service providers, RegFi cohosts Jerry Buckley and Sasha Leonhardt welcome fellow Orrick partner — and former deputy...more

CFPB Finalizes Rule on Credit Card Late Fees: What Companies Should Know

In its latest contribution to the Biden Administration’s campaign against “junk fees,” the CFPB has finalized a rule to limit credit card late fees. The rule slashes the late fee that larger issuers can charge under a...more

CFPB Order Makes it Clear: Nonbanks Should Prepare for CFPB Supervision

The CFPB recently published a decision and order subjecting a nonbank consumer lender to its supervisory authority based on its determination that the lender may be “engaging, or has engaged, in conduct that poses risks to...more

The CFPB’s Overdraft Proposal: What Financial Institutions Need to Know

The CFPB has proposed a long-anticipated rule targeting overdraft fees.  Billed as part of its effort to rein in “junk fees,” the proposal could have a significant effect on the nature and availability of overdraft protection...more

CFPB Takes Next Step in Its Big Tech Regulatory Strategy: New Rule Proposed to Expand Examination Authority Over Digital Wallets...

The Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking this week that seeks to expand its authority to supervise and examine providers of digital wallets and payment applications....more

Open Banking: What Consumer Financial Institutions Should Know About the CFPB’s Proposed Rule to Implement Section 1033 of the...

After over a decade of discussion regarding how best to balance the complex set of policy interests, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking to implement section 1033 of the...more

FTC Proposes a Rule on Junk Fees: What Companies Should Know

The Federal Trade Commission (FTC) has released a notice of proposed rulemaking meant to prohibit unfair or deceptive fees, often referred to as junk fees. The proposed rule would prohibit...more

When the CFPB Investigates: Responding to a CFPB CID

Since opening its doors in July 2011, the Consumer Financial Protection Bureau (CFPB) has not been shy about initiating enforcement actions against companies and individuals subject to its authority, recovering billions of...more

Artificial Intelligence Chatbots May Pose Risks for Financial Institutions, CFPB Says

The Consumer Financial Protection Bureau (CFPB) warned financial institutions this week about the risks of using AI-powered chatbots to communicate with consumers. The Bureau advised financial institutions to “consider the...more

What Should You Do About Someone Else’s Enforcement Action? Five Things to Keep in Mind

Heartburn, schadenfreude, existential dread – reading an enforcement action issued by one of your regulators can evoke these reactions even when your company wasn't the target. You may recognize similarities between your...more

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