According to an exclusive Bloomberg Law report, the Federal Deposit Insurance Corporation is considering plans to work with banking and financial technology industry groups to establish a new standard-setting organization. The report is based on a term sheet that would establish a Banking Industry Standards Development Organization (BISDO) to develop standards and issue standard certifications to third-party service providers that partner with banks.… Continue Reading
Adam Maarec
CFPB Sends New Section 1033 “Open Banking” Proposal to OIRA for Review
The Consumer Financial Protection Bureau (CFPB) has taken the next significant step toward revising its Section 1033 “open banking” regulation.
According to the Office of Information and Regulatory Affairs (OIRA), the CFPB has submitted a Notice of Proposed Rulemaking (NPRM) entitled Personal Financial Data Rights Reconsideration (Section 1033 of the Dodd-Frank Act) for review under Executive Order 12866.… Continue Reading
California DFPI Appeals Trial Court Decision Rejecting Its “True Lender” Theory in OppFi Case
The California Department of Financial Protection and Innovation (DFPI) has taken the next step in its challenge to a bank-fintech lending program by appealing the Los Angeles County Superior Court’s decision in Opportunity Financial, LLC v. Hewlett. According to the Superior Court docket, a Notice of Appeal was filed on July 21, 2026, ensuring that the closely watched dispute over the “true lender” doctrine will now move to the California Second Appellate District Court of Appeal. … Continue Reading
New York Court Refuses to Dismiss Attorney General’s Sweeping Fraud Case Against Zelle Operator Early Warning Services
A New York trial court, in a decision issued on July 20, 2026, has handed the New York Attorney General a significant early victory in her lawsuit against Early Warning Services, LLC (“EWS”), the operator of the Zelle peer-to-peer payment network. In People of the State of New York v. Early Warning Services, LLC, Index No.… Continue Reading
Report: Russell Vought Expected to Remain at CFPB as Senior Adviser Pending Brian Johnson’s Confirmation
According to a report by Eleanor Mueller of Semafor, Russell Vought is expected to remain at the Consumer Financial Protection Bureau in a senior adviser role after his service as Acting Director ends on August 1, continuing until Brian Johnson is confirmed by the Senate and sworn in as CFPB Director.… Continue Reading
FTC Takes Aim at AI Accuracy
The Federal Trade Commission recently issued a proposed policy statement that could reshape how financial services firms use AI-powered tools. The proposed statement, titled “Proposed Policy Statement Concerning the Suppression of Accuracy in Artificial Intelligence Systems,” puts AI developers on notice that altering AI outputs away from accuracy, even if done to comply with a state law, may constitute consumer deception under Section 5 of the FTC Act.… Continue Reading
CFPB Signals It May Revisit Credit Card Late Fee Regulation
Although the Consumer Financial Protection Bureau under Acting Director Russell Vought has withdrawn from defending a number of Biden-era regulatory initiatives, the Bureau appears poised to revisit one of the most controversial issues in consumer credit regulation—credit card late fees.
According to the Office of Information and Regulatory Affairs (OIRA), the CFPB has submitted for interagency review a Request for Information (RFI) regarding “Credit Card Late Fees and Late Payments.”… Continue Reading
CFPB Policy Update: Key Takeaways from A Discussion with Senior Advisor and Counsel to the Director, Elie Greenbaum
On June 25, 2026, DC-based Women in Housing & Finance hosted Senior Advisor and Counsel to the Director of the Consumer Financial Protection Bureau, Elie Greenbaum, for a wide-ranging discussion on the Bureau’s current policy priorities and regulatory outlook. Following are notable updates on the CFPB’s agenda for industry participants. This report is based on the input of several members of our Consumer Financial Services Group who attended the meeting. … Continue Reading
Open banking regulation in 2026: federal regulation resurfaces as states bring data sharing into focus
The federal regulation of open banking in the United States has been in an extraordinary state of limbo. The Consumer Financial Protection Bureau’s final rules implementing Section 1033 of the Dodd-Frank Act, the product of a long rulemaking journey that began in 2016, remain codified in the Code of Federal Regulations but are effectively unenforceable.… Continue Reading
New Jersey Attorney General Issues Sweeping Enforcement Statement Targeting “Junk Fees”
The New Jersey Attorney General and Division of Consumer Affairs recently issued a comprehensive Enforcement Statement signaling an aggressive enforcement posture toward so-called “junk fees” under the New Jersey Consumer Fraud Act (CFA). The Enforcement Statement was issued in conjunction with Governor Mikie Sherrill’s Executive Order No. 19, which directs state agencies to review and recommend measures to eliminate or reduce junk fees across a broad range of industries.… Continue Reading