“Since mortgage borrowers are captive to a company they never chose to do business with, we are working hard to detect and deter violations of law,” said CFPB Director Rohit Chopra.

Examples from various industries, including the mortgage market, helped to push the FTC to issue the final rule.

The civil monetary penalties resulting from the administrative actions were roughly $26.4 million.

The Mortgage Bankers Association raised concerns about the new requirements.

"It’s hard to see how a charge that is clearly disclosed to the borrower before they enter into the transaction ... and only charged once at closing can be said to unreasonably take advantage of consumers," said Peter Idziak, a senior associate at the law firm of Polunsky Beitel Green.

The decision to revive the pilot came just days before President Biden’s State of the Union address.

H.R. 5535, the Insurance Data Protection Act, would eliminate the authority for the Treasury Department’s Federal Insurance Office and Office of Financial Research to issue subpoenas to force insurance companies to provide data to the offices.

Because this would technically be a new product, it’s subject to FHFA approval and requires a 30-day public notice period.

The GSEs noted that if these fees to real estate agents continue to be customarily paid by the property seller according to local convention, they won't be subject to financing concessions limits.

A request for input from the CFPB is expected in the coming weeks.