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Inside the CFPB
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Standard for Applying NBA Preemption Still Inconsistent

September 9, 2024
Shannon Clark
The Ninth Circuit in a recent case didn’t abide by the U.S. Supreme Court directive that it apply a nuanced analysis of the Barnett decision when deciding whether the National Bank Act preempts a state law.
Read More

NCLC Urges CFPB to Extend ECOA to Residential Leases

September 9, 2024
Shannon Clark
The NCLC is asking the bureau to pursue rulemaking to apply the Equal Credit Opportunity Act’s adverse action requirement to renters and ban the use of medical debt in tenant screening decisions.
Read More

CFPB Takes Interest in Apple, Final Section 1033 Rule Nears

September 9, 2024
Shannon Clark
As part of the iOS 18 update, Apple will allow app developers to offer their own forms of contactless transactions, beyond Apple Pay and Apple Wallet. CFPB has called for feedback on the change.
Read More

CFPB’s EWA Proposal Receives Varying Feedback

September 9, 2024
Shannon Clark
The American Bankers Association said a proposed interpretative rule will discourage banks from EWA products, limiting access to a convenient and potentially free source of small dollar, short-term liquidity.
Read More

Other News in Brief

September 9, 2024
Shannon Clark
CFPB issues consumer advisory on financial risks associated with video games; DC Attorney General snags more than $3.2 million in total penalties from settlements with title companies.
Read More

CFPB to Snuff Out Customer Service ‘Doom Loops’

August 26, 2024
Shannon Clark
As part of a White House initiative, the CFPB is launching a rulemaking to put a stop to customer service processes that waste consumers’ time and money.
Read More

Contract-for-Deed Lending is Subject to Mortgage Rules

August 26, 2024
Shannon Clark
The advisory opinion holds that contract-for-deed sellers must adhere to Truth in Lending Act requirements such as assessing buyers for repayment and providing borrowers with disclosures.
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CFPB Issues Guidance on Repeat Offender Registry

August 26, 2024
Shannon Clark
The final rule goes into effect Sept. 16, with the registration deadline for large nonbanks starting Oct. 16.
Read More

Appeals Court Ruling Tightens TILA Offset Protections

August 26, 2024
Shannon Clark
The Fourth Circuit this month ruled that the Truth in Lending Act’s offset provision, which prevents credit card issuers from dipping into a consumer’s deposit account to cover outstanding payments on their credit cards, applies to credit cards tied to a home equity line of credit.
Read More

CFPB Stresses Innovation, Competition in AI

August 26, 2024
Shannon Clark
The bureau said it is making clear that there is no exception to the federal consumer financial protection laws for new technology and ensuring regulations don’t stifle competition in pricing or favor incumbents.
Read More
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