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Inside the CFPB
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CFPB Scores Tentative Win in Section 1071 Rule Lawsuit

September 9, 2024
Shannon Clark
A Texas district court affirmed the CFPB has authority to issue the upcoming small-business lending data collection rule. The court, however, didn’t express an opinion on the wisdom of the rule.
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CFPB Opponents Offer New Argument on Funding

September 9, 2024
Shannon Clark
Groups representing the farm credit industry claim the CFPB’s small-business lending data collection rule is invalid as it was developed by the bureau when it was receiving funds unconstitutionally.
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Judge Expresses Frustration Over Credit Card Case Venue Change

September 9, 2024
Shannon Clark
The CFPB is once again seeking to change the venue of the lawsuit after two failed attempts sent the case back to a Texas district court.
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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.
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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.
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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.
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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.
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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.
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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.
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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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