Dykema Gossett PLLC
Dykema Gossett PLLC

Consumer Financial Protection Bureau Law Blog

CFPB Law Blog

News and analysisi of the priorities, initiatives and regulatory actions and proceedings of the Consumer Financial Protection Bureau


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Showing 136 posts in CFPB Rulemaking.

CFPB Proposes Changes to Expand Credit in Rural and Underserved Communities

On January 29, 2015 the Consumer Finance Protection Bureau (CFPB) proposed several changes to its mortgage lending rules which would apply to small creditors who lend money to those in rural and underserved communities. The amendments are an attempt to address the collateral consequences of strict regulations enacted in January 2013 pursuant to the Dodd-Frank Act. Read More ›

Lesson Learned from CFPB’s Actions against Banks Engaging in Illegal Marketing Services Kickback Scheme

Under Section 8 of the Real Estate Settlement procedures Act (RESPA), it is illegal for anyone to give or receive a fee, kickback or anything of value in exchange for referrals of settlement service business to a particular person or organization relating to a federal mortgage loan. Violations of this section of RESPA are subject to civil and criminal penalties which could be assessed in the form of a fine, imprisonment or both. Read More ›

In Support of Revisions to Military Lending Act Rules, CFPB Issues Report on Current Practices and Outcomes

On December 29, 2014, the Consumer Financial Protection Bureau (CFPB) issued a report on the implications of certain loopholes in the current Military Lending Act rules.  The CFPB is “urging the Department of Defense to finalize” its proposed revisions to these rule.  The revisions promise to expand the scope of the rules and to close many of the most significant loopholes, subjecting lenders to additional regulatory and litigation risk. Read More ›

CFPB Reports On Credit Card Marketing To College Students

The pitch is familiar to almost everyone who has attended college: “Free pizza! Just sign up for a credit card with Bank!” or “No strings attached! Free T-shirt when you register with Bank!” Unfortunately, for many students these gimmicks lead to out of control spending and an early brush with systematic debt. On December 15, 2014, the Consumer Financial Protection Bureau (CFPB) issued its yearly report analyzing the agreements financial institutions make with colleges to market credit cards to students. Read More ›

Financial Services Issues Expected to be a Focus of New Republican Majority in Congress

There may be no policy area that will be impacted more by the Republican’s election day landslide than financial services.  After years of frustration with Democrats unwillingness to make any changes to the Dodd-Frank Wall Street Reform Act (Dodd-Frank), which incoming Senate Majority Leader Mitch McConnell (R-KY) has referred to as “Obamacare for banks,” the Republican majority will now have their opportunity. Although repeal is not a possibility, with only 220 of the 398 total required rulemakings having been finalized and 95 of the rulemaking requirements not even proposed yet, the new Congress will have many opportunities to put the brakes on Dodd-Frank implementation. Read More ›

CFPB Releases Report and Resources on Student Loan Repayment

This week, the Consumer Financial Protection Bureau (CFPB) reaffirmed its focus on the problem of intractable student loan debt.  On October 16, 2014, the CFPB Student Loan Ombudsman released his Annual Report, which described the number and nature of student loan complaints handled by the CFPB in the preceding year and issued recommendations for the coming year Read More ›

CFPB Announces Proposed No-Action Letter Program

On October 10, 2014, the Consumer Financial Protection Bureau (CFPB) announced a proposed policy under which they would issue No-Action Letters to applicants indicating that the CFPB would not initiate supervisory or enforcement action regarding innovative financial products or services.  Under this proposal, the CFPB would issue these No-Action Letters when a new financial product or service promises "substantial customer benefit where there is substantial uncertainty whether or how specific provisions of statutes or regulations implemented by the [CFPB] would be applied." Read More ›

CFPB Continues Increased Scrutiny of Auto-Lending Financers Even as Congress Attempts to Rein It In

In March 2013, the CFPB released industry guidance regarding auto financing interest rates and dealership reserves. On September 8, 2014, Congress finally took steps to nullify this guidance.  Read More ›

Roll Out Mobile Payment Technology Could Subject Apple to CFPB Scrutiny

During Apple Inc.’s latest product announcement on September 9, 2014, Apple announced a new system for mobile payments that “will change how you pay with breakthrough contractless payment technology and unique security features build right into the devices you have with you every day.” The Apple Pay system is Apple’s first foray into the mobile payment industry.  Apple will be partnering with numerous banks and retailers to provide an alternative way to pay, utilizing a nearfield communication (NFC) chip which is a set of standards for smartphones and other mobile devices to establish short-range radio communication (a few centimeters). Read More ›

Top Democrat on the House Financial Services Committee Proposes Sweeping Changes to Fair Credit Reporting Act

U.S. Representative Maxine Waters (D-Cal), the top Democrat on the Republican led House Financial Services Committee, proposed a bill on September 10, 2014 to change many key provisions of the Fair Credit Reporting Act (FCRA) regulating the way lenders report consumer payments to credit reporting agencies.  The bill, entitled the “Fair Credit Reporting Improvement Act of 2014”, proposes the most sweeping changes to the FCRA since it was passed in 1970, and would affect consumer reporting agencies, consumers, lenders, employers and furnishers of credit information. Read More ›