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Inside the CFPB
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CBA Seeks Guidance, Not Enforcement, from CFPB

December 6, 2021
Sam Manas
Two CBA executives argued that regulation by enforcement means compliant behaviors can change at a moment’s notice and cause confusion for the industry as firms try to interpret enforcement outcomes. Rulemaking and guidance, they believe, is the way to go.
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Attorney Questions CFPB’s Order Against Tech Firms

December 6, 2021
Sam Manas
A partner at Alston & Bird said the bureau’s orders to six tech firms operating payment systems may have violated the Paperwork Reduction Act. The rule requires months of public outreach and OMB approval before information collection requests can be sent.
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CFPB Planning Numerous Actions on Overdraft Fees

December 6, 2021
Sam Manas
The bureau held a press call last week discussing data on overdraft and NSF fees from two reports and outlining the steps it intends to take to reduce such fees. The reports show banks’ revenue from these fees is relatively stable, save for a significant drop in 2020.
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Buy Now, Pay Later Sector Facing Calls for Regulation

December 6, 2021
Sam Manas
Since a November congressional hearing, evidence that BNPL is here to stay has only grown. Consumer advocates are asking CFPB to step in and regulate the space.
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Other News in Brief

December 6, 2021
Sam Manas
Regulators issue rule mandating outreach in case of computer system breaches; CFPB announces four regulatory threshold adjustments; former CFPB Director Cordray considered for Fed supervision role; CFPB admits violating law in creating task force.
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CFPB Seeks Tech Talent to Match Private Sector

November 22, 2021
Sam Manas
But acquiring that talent is going to be an enormous challenge for the bureau given that it cannot compete with compensation levels in the private sector.
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New Guidance at CFPB Targets ‘Revolving Door’

November 22, 2021
Sam Manas
The CFPB said it will apply heightened scrutiny to matters and decisions where a regulated entity has employed or retained the services of a former bureau employee.
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CFPB Financial Reports Earn Perfect Scores in GAO Audit

November 22, 2021
Sam Manas
The Government Accountability Office said the CFPB’s fiscal 2020 and fiscal 2021 financial statements were in accordance with generally accepted accounting principles.
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CFPB Seeks Feedback on HMDA’s Effectiveness

November 22, 2021
Sam Manas
The bureau is seeking public input on the data collected under HMDA and information to help it conduct an assessment of the rule.
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Regulators Resume Enforcing Reg. X Timing Requirements

November 22, 2021
Sam Manas
Federal and state agencies are back to fully enforcing communication timing requirements found in Regulation X. However, they will consider the impact of COVID-19 when deciding supervisory and enforcement actions.
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