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Home » Topics » Inside the CFPB » Regulation

Regulation
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CFPB Abusiveness Guidance Prompts Legal Scrutiny

April 17, 2023
Sam Manas
The policy statement outlining prohibition on abusive acts and practices subjectively expands the bureau’s authority and could impact conduct permitted by safe harbors in federal consumer protection laws, according to industry attorneys.
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Rep. McHenry Threatens to Use Block Section 1071 Rule

April 17, 2023
Sam Manas
Rep. Patrick McHenry, R-NC, has threatened to use the Congressional Review Act to prevent implementation of the CFPB’s new reporting requirements on small business lending.
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AI/ML Tools Require Ongoing Compliance Tests

April 17, 2023
Sam Manas
The Equal Credit Opportunity Act includes an affirmative obligation to continually search for whether any adverse impacts from a model can be mitigated by a less discriminatory alternative.
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Proposed Nonbank T&C Registry is Illegal, Trade Groups Say

April 17, 2023
Sam Manas
The proposal is an attempt by the CFPB to circumvent the limits of its authority with respect to arbitration agreements, said trade groups.
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Chopra Says 2018 Deregulation Contributed to SVB Collapse

April 17, 2023
Sam Manas
CFPB Director Rohit Chopra said a push in 2018 to reduce regulations on banks contributed to the collapse of Silicon Valley Bank.
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Chopra Offers Insight Into Section 1033 Rulemaking

April 3, 2023
Sam Manas
CFPB Director Rohit Chopra engaged in a live question-and-answer session last month, acknowledging banks’ concerns about nonbank coverage and liability flows.
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CFPB Appears Unfazed by Loss in Redlining Lawsuit

April 3, 2023
Sam Manas
The CFPB is committed to keep working to protect prospective applicants under Regulation B, its implementing regulation of the Equal Credit Opportunity Act, according to Patrice Ficklin, the bureau’s fair lending director.
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CFPB Finalizes Rule on Small Business Lending Data Collection

April 3, 2023
Sam Manas
The CFPB released a final rule implementing Dodd-Frank Act Section 1071, which requires financial institutions to collect and report data on their small business lending activities.
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Attorneys Offer Advice on Challenging Redlining Claims

April 3, 2023
Sam Manas
Two attorneys at Orrick shared strategies that mortgage lenders can use to defend themselves in federal redlining cases, including questioning the data analysis used to bring a case.
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Strong Opposition to Repeat Offender Registry Proposal

April 3, 2023
The CFPB’s proposed rule for an online registry of nonbanks underestimates the burden for institutions and overstates its value to the public and enforcement agencies, mortgage trade groups said in comments.
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