CFPB, Federal Agencies, State Agencies, and Attorneys General
The National Fair Housing Alliance (“NFHA”) and three other plaintiffs have amended their lawsuit challenging the CFPB’s recently issued amendments to Regulation B under the Equal Credit Opportunity Act (“ECOA”). The amended complaint, filed August 11, makes several important changes to the complaint originally filed on May 27.
The amendments do not fundamentally alter the plaintiffs’ challenge to the Regulation B rule.… Continue Reading
On May 27, 2026, the National Fair Housing Alliance, Rise Economy, BLDS, LLC, and SolasAI filed a lawsuit in the U.S. District Court for the District of Columbia challenging the Consumer Financial Protection Bureau’s amendments to Regulation B, which implements the Equal Credit Opportunity Act (ECOA). We discussed the lawsuit shortly after it was filed in our June 2, 2026 blog post linked above.… Continue Reading
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
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
“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
The Consumer Financial Protection Bureau has released its Semiannual Regulatory Agenda covering the period from January 2026 through November 2026. Published through the Office of Information and Regulatory Affairs (OIRA) as part of the Unified Agenda of Federal Regulatory and Deregulatory Actions, the agenda provides an important roadmap of the Bureau’s anticipated regulatory activity during the remainder of the year.… Continue Reading
The CFPB recently issued a request for information (RFI) on the Truth in Lending Act (TILA)/Real Estate Settlement Procedures Act (RESPA) Integrated Disclosure (TRID) rule, the right of rescission under TILA, and reverse mortgages. Comments are due by August 10, 2026.
The RFI is based on the March 2026 Executive Order (EO) 14393 entitled “Promoting Access to Mortgage Credit”.… Continue Reading
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
The CFPB has rescinded a December 2020 advisory opinion that addressed Special Purpose Credit Programs (SPCP) offered by for-profit entities that use the common characteristics of race, color, national origin, or sex, or any combination thereof, as eligibility criteria. The advisory opinion had addressed the content of the written plan that would have been required for the SPCP and the data that could have been used to support a determination that the SPCP was necessary because people sharing those characteristics probably would not have received credit or would have received it on less favorable terms than those ordinarily available to other applicants. … Continue Reading
As expected, advocacy groups and private companies have filed a lawsuit challenging the CFPB’s recent final rule (Final Rule) revising Regulation B, which implements the Equal Credit Opportunity Act (ECOA). The lawsuit was filed in the federal district court for the District of Columbia by the National Fair Housing Alliance, Rise Economy (fka California Reinvestment Coalition), BLDS, LLC and SolasAI.… Continue Reading
