The U.S. Court of Appeals for the Seventh Circuit issued a highly significant order on May 8, 2026 in the closely watched litigation challenging the Illinois Interchange Fee Prohibition Act (“IFPA”), vacating the district court’s judgment and remanding the case for further proceedings in light of the OCC’s recently issued Interim Final Rule and preemption order.… Continue Reading
Richard J. Andreano, Jr.
CFPB’s OIG investigating current workforce and contracting developments plus interpretations adopted and enforcement actions taken under then Director Chopra
The CFPB’s Office of Inspector General is still investigating the agency’s workforce and contracting moves to see what impact it has had on agency actions.
“We are reviewing the CFPB’s workforce and contracting actions to determine their high-level effects on mission-related activities and support functions,” the OIG said, in an update of its activities.… Continue Reading
Washington Supreme Court: Lenders need ‘Negotiable Instrument’ to nonjudicially foreclose residential real estate-secured loans
By Gregory R. Fox, Joan Robinson, Richard J. Andreano, Jr. & Matthew A. Morr on
The Washington Supreme Court issued an opinion on April 30, 2026, that deprives Washington state lenders of the right to nonjudicially foreclose residential-secured loans unless those loans are evidenced by a negotiable instrument—i.e., a promissory note with only basic payment terms that comports with RCW 62A.3-104.
The court further held that HELOCs and other types of multiple advance (e.g.,… Continue Reading
StubHub to pay $10 million for failing to disclose full price of tickets
Posted in FTC
The nation’s largest ticket exchange and resale service, StubHub Holdings, Inc., will pay $10 million to settle Federal Trade Commission allegations that the company violated the FTC Act and the agency’s trade regulation rule on Unfair or Deceptive Fees.
The FTC said the service advertised ticket prices on its website without “clearly and conspicuously disclosing up-front how much consumers actually would pay, including all mandatory fees” from May 12 through May 14, 2025.… Continue Reading
Fed transfers funds to CFPB for agency operations
The Federal Reserve has transferred funds to the Federal Reserve Bank of New York to pay the expenses of the CFPB for the third quarter of this fiscal year, according to a letter posted on the agency’s website.
The letter from Federal Reserve Chief Financial Officer Rendell Jones to CFPB Chief Financial Officer Janfar Gueye does not disclose the amount of the deposit, but the bureau requested $75.8 million.… Continue Reading
D.C. Circuit Showdown Over CFPB: Plaintiffs Oppose Effort to Fast-Track Agency Downsizing But Surprisingly Support Remand to District Court for it to First Consider Modifying the Preliminary Injunction as CFPB Urged in Motion
Posted in CFPB
A high-stakes procedural battle is unfolding in the en banc U.S. Court of Appeals for the District of Columbia Circuit that could determine the near-term fate of the Consumer Financial Protection Bureau (“CFPB”).
In a newly filed response, the National Treasury Employees Union (“NTEU”) and other plaintiffs are pushing back forcefully against efforts by Acting CFPB Director Russell Vought and the government to modify an existing preliminary injunction that has, to date, prevented large-scale layoffs at the agency.… Continue Reading
OCC Enters Into Consent Order with Savings Bank Over VA Mortgage Refinance Loan Practices
The Office of the Comptroller of the Currency (OCC) recently entered into a consent order with The Federal Savings Bank in Chicago, Illinois (Bank) to settle allegations of false or misleading statements regarding cash-out mortgage refinance loans guaranteed by the Department of Veterans Affairs (VA). The consent order includes typical allegations of improper marketing of VA cash-out loans, although the remedy provisions have drawn the ire of at least one consumer group.… Continue Reading
FDIC, OCC adopt debanking final rule
The FDIC and the OCC have adopted a joint final rule that will prohibit the agencies from criticizing or taking adverse action against a financial institution based on reputation risk. The rule is effective June 6.
The rule will also prohibit the agencies from “requiring, instructing, or encouraging an institution to close customer accounts or take other actions on the basis of a person or entity’s political, social, cultural, or religious views or beliefs, constitutionally protected speech, or solely on the basis of politically disfavored but lawful business activities perceived to present reputation risk,” according to a statement from the agencies.… Continue Reading
CFPB Workforce Restructuring Plan: New CFPB Motion Details Sweeping Proposed Reductions in Staff Across All Divisions While Injunction Remains in Place
Posted in CFPB, CFPB People
A significant new filing on March 31 in the D.C. Circuit Court of Appeals, National Treasury Employees Union v. Vought (Case No. 25-5091), purportedly provides the most up-to-date, detailed picture yet of how leadership of the Consumer Financial Protection Bureau (CFPB) intends to dramatically scale back the agency’s operations—if permitted to do so by the courts.… Continue Reading
FTC sends debanking letters to PayPal, Stripe, Visa, Mastercard
FTC Chairman Andrew N. Ferguson has sent letters to four major financial services providers warning them that they may not engage in debanking—disqualifying potential and current customers from receiving services based on religious, or political views.
The letters were sent to the CEOs of PayPal, Stripe, Visa, and Mastercard and cite publicly reported instances of debanking by PayPal and Stripe.… Continue Reading