News & Analysis as of

Enforcement Authority Consumer Financial Protection Bureau (CFPB)

Hudson Cook, LLP

Pay Now or Pay Later, But Paying Later May Cost a Whole Lot More

Hudson Cook, LLP on

The Consumer Financial Protection Bureau has long required that an institution within the scope of its supervision or enforcement authority, including both depository institutions like banks and non-depository consumer...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

Venable LLP on

These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

Wiley Rein LLP

[Webinar] Decoding CFPB Examinations for Non-Bank Financial Firms - June 27th, 2:00 pm - 3:00 pm EDT

Wiley Rein LLP on

With the Consumer Financial Protection Bureau’s (CFPB) increased scrutiny of non-bank financial firms, understanding the CFPB’s examination process has become critical for supervised entities. Join us as we discuss the...more

Mayer Brown

Third Circuit Holds Securitization Trusts Can Be Subject to CFPB Enforcement Authority

Mayer Brown on

In a long-awaited decision, the Third Circuit handed the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) a victory in the National Collegiate Student Loan Trust litigation that could have wide-reaching implications...more

Holland & Knight LLP

Will Mariner Finance Decision Lead State Regulators to Bring CFPA Claims?

Holland & Knight LLP on

A lengthy decision recently issued by the U.S. District Court for the Eastern District of Pennsylvania, Pennsylvania by Shapiro v. Mariner Fin., LLC, No. CV 22-3253, 2024 WL 169654 (E.D. Pa. Jan. 12, 2024) (Hodge, J.), may...more

Ballard Spahr LLP

OIG report finds CFPB can enhance certain aspects of its enforcement investigations process

Ballard Spahr LLP on

The Office of Inspector General (OIG) for the Federal Reserve Board and CFPB has issued a report on its evaluation of the CFPB’s process for conducting enforcement investigations.  OIG concluded that the CFPB can enhance...more

WilmerHale

Year in Review: The Top 10 US Data Privacy Developments From 2023

WilmerHale on

2023 marked a pivotal moment in US data privacy and cybersecurity, characterized by substantial regulatory and legislative advances at the international, federal, and state levels. The Federal Trade Commission (FTC) took a...more

Hinshaw & Culbertson - Consumer Crossroads

A Circuit Split Emerges on the Constitutionality of the CFPB's Funding Structure, Months Before the Issue Comes Before the U.S....

On March 23, 2023, the Court of Appeals for the Second Circuit issued a decision in CFPB v. Law Offices of Crystal Moroney (Moroney). The case reviewed constitutional challenges to the Consumer Financial Protection Bureau's...more

Hudson Cook, LLP

CFPB Proposes Public Registry of Form Consumer Contracts that Waive or Limit Consumer Rights

Hudson Cook, LLP on

The Consumer Financial Protection Bureau recently proposed a rule that would establish a public registry of supervised nonbanks' terms and conditions in "take it or leave it" form contracts that claim to waive or limit...more

Ballard Spahr LLP

Ninth Circuit Finds Marketer of Scholarship Assistance Subject to CFPB’s Enforcement Authority

Ballard Spahr LLP on

On December 13, 2022, the Ninth Circuit affirmed the grant of summary judgment by a California federal district court to the Consumer Finance Protection Bureau (“CFPB”) in a civil enforcement action alleging that Armond...more

Kelley Drye & Warren LLP

Statements to the State AGs: CFPB and FTC Priorities for 2023

Kelley Drye & Warren LLP on

At this week’s National Association of Attorneys General Capital Forum, FTC Chair Lina Khan and CFPB Director Rohit Chopra addressed state AGs and their staff on a number of pressing issues, including antitrust, enforcement...more

Eversheds Sutherland (US) LLP

Focus on Fintech: The CFPB wants state and federal financial regulators to get behind its enforcement agenda

The CFPB is the primary regulator of consumer financial products and services in the US, but other state and federal regulators also have authority to enforce some federal consumer financial protection laws. The CFPB is now...more

Venable LLP

States Encouraged by CFPB to Enforce Federal Consumer Financial Law

Venable LLP on

The Consumer Financial Protection Bureau ("the Bureau" or CFPB) released an Interpretive Rule - which is exempt from notice-and-comment requirements of the Administrative Procedure Act - that sets out its view on the power of...more

Ballard Spahr LLP

New CFPB interpretive rule outlines broad state CFPA enforcement authority

Ballard Spahr LLP on

The CFPB has issued a new interpretive rule regarding the authority of state attorneys general and state regulators (State Officials) to enforce the Consumer Financial Protection Act (CFPA). ...more

Eversheds Sutherland (US) LLP

CFPB plans to extend supervision to more Fintechs using dormant Dodd-Frank authority

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), the Consumer Financial Protection Bureau (CFPB) has authority to require reports and conduct examinations with respect to large...more

Cadwalader, Wickersham & Taft LLP

U.S. Court of Appeals for the Third Circuit Agrees to Hear Interlocutory Appeal in CFPB Enforcement Action against Student Loan...

On April 29, 2022, the U.S. Court of Appeals for the Third Circuit granted a petition for permission to appeal in Consumer Financial Protection Bureau v. The National Collegiate Master Student Loan Trusts filed by defendants...more

Latham & Watkins LLP

CFPB Puts Fintechs in the Crosshairs

Latham & Watkins LLP on

The agency just revived its dormant authority to supervise nonbank financial entities that it determines pose risk to consumers.  On April 25, 2022, the Consumer Financial Protection Bureau (CFPB) - the US government...more

Venable LLP

The CFPB Targets FinTechs and Other Nonbanks for Supervision and Examination

Venable LLP on

The Consumer Finance Protection Bureau ("CFPB") announced that it will examine nonbank financial companies that pose risks to consumers, using statutory authority that until now had gone unused. Additional examinations would...more

Cadwalader, Wickersham & Taft LLP

District Court Grants Interlocutory Appeal in CFPB Enforcement Action against Student Loan Trusts and Stays Case Pending Appellate...

On February 11, 2022, the U.S. District Court for the District of Delaware granted a motion for interlocutory appeal in Consumer Financial Protection Bureau v. The National Collegiate Master Student Loan Trusts filed by...more

Holland & Knight LLP

Government Investigations: Insight from a Former Federal Trade Commission Director

Holland & Knight LLP on

Holland & Knight hosted Dama Brown, the former Regional Director of the Federal Trade Commission's (FTC) Southwest Region, for a webinar presentation on Aug. 11, 2021. During the interview, Holland & Knight Partner Anthony...more

Epiq

New CFPB Guidance has Loan Servicers Rethinking Communication Strategies

Epiq on

On April 1, 2021, the Consumer Financial Protection Bureau (CFPB) issued a Compliance Bulletin titled “Supervision and Enforcement Priorities Regarding Housing Insecurity”. The bulletin provided guidance on efforts that...more

Ballard Spahr LLP

CFPB Halts Planned Shake Up of Enforcement and Supervisory Functions

Ballard Spahr LLP on

Coming on the heels of the Presidential election results, the CFPB circulated an internal e-mail suspending a reorganization that would have stripped the Office of Enforcement’s autonomy to open investigations and issue civil...more

Morrison & Foerster LLP

CFPB California Style: The California Consumer Financial Protection Law Brings More Providers Of Consumer Financial Products And...

On August 31, 2020, the California legislature passed the California Consumer Financial Protection Law (CCFPL). The law reflects Governor Newsom’s vision of a much more powerful banking agency with new registration authority,...more

BCLP

CFPB Focuses on Complaint Trends & Concentrations Leveraging New Tools

BCLP on

The CFPB recently announced new publicly available tools to better leverage the Complaints Database and to spot trends and concentrations of consumer complaints. If you are a data nerd, or even if you are not, it might be...more

Ballard Spahr LLP

CFPB Issues Request for Information on Expanding Access to Credit and Further Protecting Consumers from Credit Discrimination

Ballard Spahr LLP on

On July 28, 2020, the CFPB issued a request for information (“RFI”) seeking public input on how best to create a regulatory environment that expands access to credit and ensures consumers and communities are protected from...more

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