We recently reported that, upon remand from the Supreme Court (after it ruled that the CFPB’s funding mechanism is Constitutional), the plaintiff-trade groups filed a petition for rehearing en banc in the Fifth Circuit in the CFSA v. CFPB case. In the petition, they requested the Fifth Circuit en banc to rehear other claims in their case attacking the remnants of the CFPB’s payday lending regulation which had earlier been rejected by the same Fifth Circuit panel of judges who held that the CFPB was unconstitutionally funded.
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NCUA Board Approves Proposed Rules on Incentive-based Compensation, Succession Planning
The NCUA Board approved by a vote of 2–1 a proposed rule(Opens new window) to address incentive-based compensation arrangements, as required under section 956 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 956 requires federal financial institutions regulators, including the NCUA, to issue joint regulations or guidelines requiring disclosure and reporting of compensation at financial institutions with more than $1 billion in assets.
FTC and DOJ Extend Public Comment on Request for Information Targeting Serial Acquisitions, Roll-Up Strategies Across U.S. Economy
The Federal Trade Commission and the U.S. Department of Justice Antitrust Division (DOJ) are extending the deadline by 60 days for the public to comment on a joint Request for Information that seeks to identify serial acquisitions and roll-up strategies throughout the economy that have led to consolidation that has harmed competition. The new deadline to submit comments is now September 20, 2024.
CFPB Highlights Debt Collection Issues in Latest Supervisory Report
On July 2, the Consumer Financial Protection Bureau (CFPB) released its latest Supervisory Highlights report. This report presents findings from examinations of debt collection practices, loan servicing, and medical payment products, covering the period from April 1, 2023, to December 31, 2023.
Acting Comptroller Discusses Trends Reshaping Banking
Acting Comptroller of the Currency Michael J. Hsu today discussed three key long-term trends that are reshaping banking in remarks at the Exchequer Club. Mr. Hsu’s written remarks in support of his appearance discussed the increasing number and size of large banks, the complexity of bank-nonbank relationships, and the rise in polarization. The Acting Comptroller described how the OCC is uniquely positioned to address each trend.
CFPB Proposes Interpretive Rule to Ensure Workers Know the Costs and Fees of Paycheck Advance Products
The Consumer Financial Protection Bureau (CFPB) today proposed an interpretive rule explaining that many paycheck advance products, sometimes marketed as “earned wage” products, are consumer loans subject to the Truth in Lending Act. The guidance will ensure that lenders understand their legal obligations to disclose the costs and fees of these credit products to workers.
Addressing Medical Debt: Illinois’ New Laws and Relief Initiatives
In a move aimed at reforming how medical debt is handled, Illinois recently enacted two pivotal laws during its legislative session. These measures, part of a broader trend across the United States, seek to regulate the reporting of healthcare-related debts by credit agencies, as well as provide significant relief for residents burdened by medical expenses.
Agencies Issue Final Rule to Help Ensure Credibility and Integrity of Automated Valuation Models
Six federal regulatory agencies today issued a final rule, pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, designed to help ensure the credibility and integrity of models used in valuations for certain mortgages secured by a consumer’s principal dwelling. In particular, the rule will implement quality control standards for automated valuation models (AVMs) used by mortgage originators and secondary market issuers in valuing those homes. The final rule is substantially similar to the proposal issued in June 2023.
Lennar Corporation Hit With New TCPA Class Action Over Alleged Financing Robocalls
Home builder Lennar Corporation is facing a new TCPA class action alleging it left prerecorded voicemails offering financing for new homes. The messages were allegedly left without the consent of the consumer and despite Plaintiff being on the national DNC list.