In a case of first impression, in clarifying her injunction issued in the lawsuit brought by the National Treasury Employees Union and others challenging the planned reductions in force and other efforts to reduce functions at the CFPB, Judge Amy Berman Jackson of the DC Federal District Court vigorously rejected the opinion of the Office of Legal Counsel of the Department of Justice (“OLC”) that the CFPB may not be funded by the Fed because (1) the Dodd-Frank Act provides that the CFPB may only be funded by the Fed out of “combined earnings of the Federal Reserve System”, (2) the term “combined earnings” means combined profits and not combined revenues and (3) the Federal Reserve System has incurred losses since September 2022.… Continue Reading
State AGs file suit to force CFPB to request funding from the Federal Reserve
Charging that Acting CFPB Director Russell Vought has been attempting to close down the CFPB by any means necessary, Democratic Attorneys Generals (AGs) from 21 states and the District of Columbia have filed suit, asking a federal court to require Vought to seek State AGs file suit to force CFPB to request funding from the Federal Reserve funds from the Federal Reserve to operate the bureau. … Continue Reading
Today’s podcast episode: Significant 2025 Deregulatory Developments in Banking Law
Join host Alan Kaplinsky, founder and former longtime leader of Ballard Spahr’s Consumer Financial Services Group and one of the foremost thought leaders in the industry, as he welcomes two special guests for a timely and insightful conversation about the most significant deregulatory developments in banking law during 2025.
Alan is joined by his Ballard Spahr colleague Scott Coleman, a partner with more than 30 years of experience guiding banks and bank holding companies through mergers, acquisitions, and all facets of regulatory compliance, especially in the community banking sector.… Continue Reading
Today’s podcast episode: The CFPB’s Most Ambitious Regulatory Agenda Ever – Part 2
Today’s episode features Part 2 of our November 4 webinar, “The CFPB’s Most Ambitious Regulatory Agenda Ever.” (Part 1 of this series was released on December 18. We encourage you to listen to that episode as well). In Part 2, we continue to unpack the far-reaching implications of the Consumer Financial Protection Bureau’s (CFPB) regulatory ambitions.… Continue Reading
Circuit Court grants union’s request for en banc rehearing in CFPB employees’ firing case
The Court of Appeals for the District of Columbia has granted a request for an en banc rehearing in the National Treasury Employees Union’s (NTEU) and others’ challenge to the firing of more than 1,400 CFPB employees and the taking of certain other actions to curtail the operations of the CFPB.
The Plaintiffs sued the Administration, contending that its plan to lay off the employees at the CFPB and to take certain other actions is tantamount to an abolishment of the agency.… Continue Reading
Colorado “Opt-Out” Litigation – Petition for Rehearing En Banc And Amicus Briefs in Support
As we previously reported, on November 10, 2025 the Tenth Circuit rendered its 2-1 decision in National Association of Industrial Bankers v. Weiser. It held that a loan is “made” for purposes of the opt-out provision in Section 525 of DIDMCA in both the state where the bank is located and the borrower’s state, meaning that Colorado’s usury limits will apply to interstate loans made to Colorado residents by out-of-state state-chartered depository institutions.… Continue Reading
Today’s podcast episode: The CFPB’s Most Ambitious Regulatory Agenda Ever – Part 1
Today’s episode features Part 1 of our November 4 webinar, “The CFPB’s Most Ambitious Regulatory Agenda Ever.” In this packed episode, our expert panel breaks down the Consumer Financial Protection Bureau’s largest and boldest regulatory agenda to date. Discussing an unprecedented lineup of 24 rulemaking items that could reshape the consumer financial services industry.… Continue Reading
Former Senator Dodd, Representative Frank and current Democratic Members of Congress ask Court to reject Trump Administration’s summary interpretation of CFPB funding mechanism
Current and former Democratic members of Congress have told a federal court that the Trump Administration’s interpretation of the CFPB’s funding mechanism is at odds with Congress’ plan to provide the bureau with a stable, independent source of funding.
On December 5, Rise Economy, the National Reinvestment Coalition and the Woodstock Institute filed a lawsuit against the CFPB and its Acting Director Russell Vought in the Federal District Court for the Northern District of California seeking declaratory and injunctive relief related to Vought’s determination not to seek funding from the Federal Reserve Board because of an opinion from the Justice Department’s Office of Legal Counsel (OLC).… Continue Reading
CFPB Releases Annual Report on Fair Debt Collection Practices Act (FDCPA)
As required by amendments to the FDCPA made by Section 1089 of Dodd Frank, the CFPB recently released its annual report to Congress on FDCPA compliance. We note below information provided by the bureau about the complaints it received in 2024, the results of examinations publicly reported in 2024, and enforcement actions by other agencies. … Continue Reading
HUD Recently Announced the 2026 Loan Limits for FHA Forward Mortgages and HECMs
The U.S. Department of Housing and Urban Development (HUD) recently announced the 2026 loan limits for FHA insured forward mortgage loans and FHA insured Home Equity Conversion Mortgages (HECMs). The announcements were made in Mortgagee Letter 2025-23 and Mortgagee Letter 2025-22, respectively.
For forward mortgage loans in non-high-cost areas, the amount for a single unit home increased from $524,225 in 2025 to $541,287 in 2026.… Continue Reading