Testifying at his confirmation hearing, CFPB Director nominee Brian Johnson declined to endorse efforts to eliminate the agency.

Appearing before the Senate Banking, Housing and Urban Affairs Committee, Johnson said, “That is not my intention. The CFPB is a creature of statute.” He added, “My intention is to execute the law.”… Continue Reading

In today’s episode of the Consumer Finance Monitor Podcast, we are pleased to present an audio version of the webinar we conducted on May 27, 2026 examining the CFPB’s revised final rule and its practical implications for banks, credit unions, FinTech companies, and other providers of small business credit.

During this comprehensive discussion, our host, Alan Kaplinsky (founder, former Practice Group Leader for 25 years and now Senior Counsel of the Consumer Financial Services Group) was joined by his Ballard Spahr colleagues Richard Andreano and John Culhane, along with two distinguished guest panelists: Bradley Blower, Principal and Founder of Inclusive-Partners, LLC, and Louis Caditz-Peck, Executive Director of the Responsible Business Lending Coalition.… Continue Reading

As we have previously reported, the en banc Tenth Circuit is considering National Association of Industrial Bankers v. Weiser, the closely watched case involving Colorado’s effort to use Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”) to apply its interest-rate caps to loans made by out-of-state, state-chartered banks to Colorado borrowers.… Continue Reading

“Nature abhors a vacuum.” — Aristotle

The Consumer Financial Protection Bureau’s dramatic retreat from enforcement during 2025 and 2026 has created one of the most significant shifts in consumer financial services regulation since the Bureau opened its doors in 2011.

Much has been written about what the CFPB is no longer doing.… Continue Reading

As we have previously reported, the en banc Tenth Circuit granting rehearing in National Association of Industrial Bankers v. Weiser, the closely watched case involving Colorado’s attempt to use Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”) to prevent out-of-state state-chartered banks from exporting their home-state interest rates to Colorado borrowers.… Continue Reading

Another amicus brief has been filed in the Tenth Circuit’s en banc consideration of NAIB v. Weiser, this time by two prominent consumer advocacy organizations: the Center for Responsible Lending (CRL) and the National Consumer Law Center (NCLC). The brief supports the Colorado Attorney General’s interpretation of Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA), arguing that when a state opts out of Section 521, it may apply its usury laws to loans made by out-of-state state-chartered banks to borrowers residing in the opt-out state.… Continue Reading

Today marks a milestone that is professionally meaningful to our Consumer Financial Services Group. Fifteen years ago, on July 21, 2011, the very day the Consumer Financial Protection Bureau (CFPB) officially opened its doors and began operations, Ballard Spahr launched ConsumerFinanceMonitor.com.

At the time, we believed that the creation of the CFPB would fundamentally reshape the consumer financial services industry.… Continue Reading

The Senate Committee on Banking, Housing, and Urban Affairs has scheduled a confirmation hearing for Brian Johnson, President Trump’s nominee to serve as Director of the Consumer Financial Protection Bureau (CFPB).

The hearing will take place on Thursday, July 23, 2026, at 10:00 a.m. EDT in Room 538 of the Dirksen Senate Office Building.… Continue Reading

On July 15, 2026, former Federal Deposit Insurance Corporation (FDIC) Chairman Martin J. Gruenberg and former Consumer Financial Protection Bureau Director and FDIC Board Member Richard Cordray filed an amicus brief supporting Colorado in the en banc proceedings before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v.Continue Reading

On July 13, 2026, the attorneys general of California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, Washington, and the District of Columbia filed an amicus brief in support of Colorado in the en banc proceedings before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers, et al.Continue Reading