On November 10, 2025, the U.S. Court of Appeals for the Tenth Circuit, in a 2–1 decision, issued its opinion in National Association of Industrial Bankers et al. v. Weiser. 

In resolving what it described as “an issue of first impression,” the court held that Section 27 of the Federal Deposit Insurance Act (FDIA) does not preempt the interest rate limitations imposed on state banks by a state that has elected to exercise its right under Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) to opt-out of Section 27 with respect to “loans made in such State.” Section… Continue Reading

Effective October 29, 2025, the CFPB finalized its rule, published at 90 Fed. Reg. 48737-60, rescinding certain amendments to the rules made on February 22, 2022 (prior blog) and on March 29, 2023 (prior blog) (collectively, the 2022 and 2023 amendments).

Under Section 1053(e) of the Consumer Financial Protection Act, the CFPB is authorized to prescribe rules for hearings and adjudication proceedings.… Continue Reading

On October 29, 2025, CFPB withdrew its proposed rule titled Registry of Supervised Nonbanks That Use Form Contracts To Impose Terms and Conditions That Seek To Waive or Limit Consumer Legal Protections, which was published on February 1, 2023. The proposed rule would have required nonbanks to submit annual reports on the terms and conditions in their form contracts and on related court or arbitrator decisions on the enforceability of those terms and conditions.… Continue Reading

Effective October 27, 2025, the CFPB rescinded the amendments to the Procedures for Supervisory Designation Proceedings that it adopted in April 2022, November 2022, and April 2024, , with the exception of some limited process adjustments.

Section 1024(b)(7) of the Consumer Financial Protection Act authorizes the CFPB to “prescribe rules to facilitate supervision” of the nonbank covered persons described in section 1024(a), i.e.,… Continue Reading

Alan Kaplinsky, Founder and former chair of Ballard Spahr’s Consumer Financial Services Group and founder, and host, of the award-winning Consumer Finance Monitor blog and weekly podcast, recently joined LexBlog’s Real Lawyers podcast hosted by Kevin O’Keefe. This is Alan’s second time on the program, which covers the role of publishing in the legal profession.… Continue Reading

The CFPB is proposing major changes to its final rule that would require financial institutions to report information contained in loan applications submitted by small businesses, including women-owned and minority-owned small businesses.

The rule is better known as the “Section 1071 rule” after the section of the Dodd-Frank Act that required the CFPB to adopt it.… Continue Reading

The legislation reopening the government signed by President Trump, H.R. 5731, also reauthorizes the National Flood Insurance Program (NFIP) until January 30, 2026, the same day the spending measure lapses. The reauthorization is retroactive to October 1 the beginning of the fiscal year and the day the NFIP authorization expired.

Once again, the short-term reauthorization was included in a short-term spending bill, since Congress has been unable to pass a comprehensive NFIP reauthorization bill.… Continue Reading

Today’s episode marks the first of a two-part series, with Part Two scheduled for release on November 20th. In this installment, we examine the sweeping changes in fair lending policy and enforcement under the second Trump administration.

The discussion is moderated by Alan Kaplinsky, Senior Counsel, founder and former chair for 25 years of Ballard Spahr’s Consumer Financial Services Group, and features these distinguished experts in the field:

  • Bradley Blower, Founder of Inclusive Partners LLC.
… Continue Reading

The CFPB is running out of money and has no legal way to replenish its coffers, absent Congressional appropriation, the Trump Administration told a federal court.

The bureau “anticipates exhausting its currently available funds in early 2026,” the Justice Department told the U.S. District Court for the District of Columbia as part of a lawsuit filed by the National Treasury Employees Union (NTEU).… Continue Reading

The FDIC has announced that its Consumer Compliance Examination Manual has been revised to reflect an updated examination schedule for financial institutions. As a result, agency consumer compliance examinations and Community Reinvestment Act (CRA) evaluations will occur less frequently for most institutions, according to the FDIC.

Institutions will generally be on an examination cycle of 66-78 months, 54-66 months, or 24-36 months, depending on the asset size of the institution and its Consumer Compliance Rating.… Continue Reading