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New CFPB Interpretive Rule to Regulate BNPL

The Consumer Financial Protection Bureau (CFPB ) has issued an interpretive rule stating that Buy Now, Pay Later (BNPL) loan providers are "card issuers" under Subpart B of Regulation Z and are thus subject to certain...more

New York Amends Existing Credit Card Surcharge Prohibition

On December 13, 2023, the State of New York enacted Assembly Bill No. 2672 (Act), which modifies New York’s ban on credit card surcharges. The revised law takes effect on February 11, 2024....more

New Jersey Joins Other States in Limiting Credit Card Surcharges

The State of New Jersey has passed a new law limiting the amount of a credit card surcharge by a seller on a purchase of goods or services. New Jersey joins 12 other states and territories that have had laws on their books...more

Regulatory Scrutiny of NSF and Overdraft Fees

On September 8, 2022, the Consumer Financial Protection Bureau (CFPB) issued a consent order requiring a bank to pay a $50 million penalty and to refund at least $141 million to consumers allegedly harmed by the bank’s...more

FDIC Requiring NSF Fee Refunds in Examinations

Last month, the latest class action regarding bank-charged returned payment fees passed a motion to dismiss in Mawyer v. Atl. Union Bank. This comes on the heels of the Federal Deposit Insurance Corporation (FDIC)'s recent...more

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