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CFPB Asserts State Consumer Privacy Laws Do Not Sufficiently Protect Consumer Financial Data

The Consumer Financial Protection Bureau (CFPB) published a report on November 12, 2024, examining state and federal privacy protections for consumer financial data....more

CFPB Says FCRA May Govern Background Report Providers and Users, Including Tech Companies

On October 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued a consumer financial protection circular explaining that background reports, including scores, obtained from third parties and “used by employers to...more

CFPB Finalizes Section 1033 Rule on Personal Financial Data Rights

On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) released its long-awaited final rule implementing Section 1033 of the Consumer Financial Protection Act (CFPA) concerning personal financial data rights....more

CFPB Reveals Auto Financing and Servicing Concerns in Latest Report

On October 7, 2024, the Consumer Financial Protection Bureau (CFPB) released its most recent Supervisory Highlights report, which largely focuses on auto finance issues identified in examinations completed by the CFPB between...more

Student Loan Servicing Risks Top CFPB Concerns for Servicemembers, Veterans

On September 24, 2024, the Consumer Financial Protection Bureau (CFPB) Office of Servicemember Affairs released its 2023 annual report highlighting complaint trends submitted by active-duty servicemembers, veterans and...more

CFPB Challenges Financial Institutions to Produce Evidence of Affirmative Consent to Overdraft Fees

On September 17, 2024, the Consumer Financial Protection Bureau (CFPB) issued a circular explaining that financial institutions may violate the Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation...more

CFPB Deems Contracts for Deed ‘Credit’ Subject to Regulation Z

On August 13, 2024, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion stating that contracts for deed are “credit” under Regulation Z, and therefore subject to its myriad requirements. Unlike a...more

CFPB Warns of Consumer Risks in Solar Financing and Sales Practices

The Consumer Financial Protection Bureau (CFPB ) recently published a report and an associated consumer advisory warning of risks to consumers from solar lending and encouraging consumers to shop for alternatives before...more

CFPB Reports on Potential ‘Junk Fees’ From School Lunch Payment Platforms

On July 25, 2024, the Consumer Financial Protection Bureau (CFPB) released a report on the costs and potential risks to families using electronic payment platforms to load money to their children’s school lunch accounts. The...more

CFPB Warns That Confidentiality Agreements May Violate Employee Whistleblower Protections

On July 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued a circular explaining that confidentiality or nondisclosure agreements may chill whistleblowing activity and therefore violate the CFPB’s whistleblower...more

US Supreme Court’s October 2023 Term Administrative Law Trilogy – Holdings, Analyses and Implications of Jarkesy, Loper Bright and...

The October 2023 term of the US Supreme Court (SCOTUS) saw a trilogy of decisions that challenge long-settled assumptions about the authority of federal agencies and upend long-standing doctrines of administrative law: SEC v....more

Federal Regulators Act to Enhance Property Valuations During Mortgage Origination Process

On July 17 and 18, 2024, federal financial regulators adopted rules and guidance setting forth expectations in the mortgage industry that originators properly oversee use of automated valuation models (AVMs) and entertain...more

Earned Wage Access Advances Are Loans Subject to TILA

On July 18, 2024, the Consumer Financial Protection Bureau (CFPB) issued a proposed Interpretive Rule addressing the regulatory treatment of earned wage access (EWA) products. The Interpretive Rule would provide that certain...more

CFPB Proposes Complete Overhaul of Requirements for Servicing Delinquent Mortgages

On July 10, 2024, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule that, if implemented, would completely revise the current regulatory framework governing how mortgage servicers assist delinquent...more

CFPB Report Highlights Collection Practice Concerns, Contains Novel UDAAP Theories

On July 2, 2024, the Consumer Financial Protection Bureau (CFPB) released a new edition of Supervisory Highlights, with a particular focus on account management and collection practices across auto loans, student loans and...more

CFPB Extends Compliance Dates for Small Business Lending Rule

On June 25, 2024, the Consumer Financial Protection Bureau (CFPB) formally extended by 290 days the effective date for its small business lending rule, initially released in March 2023....more

CFPB Proposes Rule Removing Medical Bills From Credit Reports

On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule that would generally prohibit lenders from considering medical debt information when determining a consumer’s eligibility for credit,...more

CFPB Warns Against Deceptive Terms in Consumer Contracts

On June 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued Circular 2024-03 warning that the inclusion of “unlawful or unenforceable” terms in consumer contracts – particularly in the fine print of consumer...more

CFPB Finalizes Rule to Track Nonbank ‘Repeat Offenders’

On June 3, 2024, the Consumer Financial Protection Bureau (CFPB) published a final rule requiring covered nonbanks – generally nonbanks that are “covered persons” under the Dodd-Frank Act, subject to certain exceptions – to...more

CFPB Hints at Future Regulatory Action Targeting Credit Card Rewards Programs

On May 9, 2024, the Consumer Financial Protection Bureau (CFPB) published a report highlighting common themes in complaints received from consumers, including mismatches between marketing and actual terms, devaluations of...more

CFPB Study Finds Consumers Pay More When Pricing Is Complex

On April 30, 2024, the Consumer Financial Protection Bureau (CFPB) published a report on a study investigating the effects of complex pricing structures and increased competition on consumer choices. The CFPB found that...more

CFPB Reports on Recent Mortgage Servicing Examination Findings, Continues to Highlight ‘Junk’ Fees

On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) published a new edition of its Supervisory Highlights focused on findings from recent mortgage servicing examinations. Although the report’s publication...more

CFPB Emphasizes Voluntary Nonbank Consent to Supervision in Updated Procedural Rulemaking

On April 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued a final rule revising its procedures for establishing supervisory authority over nonbank financial institutions on the basis that the institution poses...more

CFPB Highlights Financial, Privacy Risks of Consumer Transactions on Gaming Platforms

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a report examining the growth and privacy risks of financial transactions in online video games and virtual worlds, noting that Americans spent...more

Marketing Practices of Remittance Transfer Providers May Violate CFPA, CFPB Cautions

On March 27, 2024, the Consumer Financial Protection Bureau (CFPB) issued Circular 2024-02 warning remittance transfer providers that certain marketing activities may constitute deceptive practices and therefore violate the...more

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