- The CFPB’s
CFPB Submits Proposed Order Banning Navient from Federal Student Loan Servicing and Orders the Company to Pay $120 Million for Wide-Ranging Student Lending Failures
On September 12, 2024, the Consumer Financial Protection Bureau (CFPB) filed a stipulated proposed order in its suit against the student loan servicer Navient, formerly known as Sallie Mae. If entered, the order will resolve the claims in the CFPB’s January 2017 complaint, which accused Navient of forbearance steering and other breakdowns in its income-driven
Bradley Comment Letter Highlights Questions Regarding the CFPB’s Statutory Authority to Issue Contemplated Mortgage Servicing Rulemaking
On July 10, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposal to amend the existing mortgage servicing rules in Regulation X. The substance of the proposal has attracted a lot of attention and deservedly so. If enacted, the proposed rule would completely overhaul the default servicing framework in Regulation X and institute mandatory
Appeals Court Holds ECOA Liability Extends to Prospective Applicants
On July 11, 2024, the United States Court of Appeals for the Seventh Circuit issued its highly anticipated decision in Consumer Financial Protection Bureau v. Townstone Financial, Inc., et al. In this pivotal decision, the Seventh Circuit reversed a prior ruling from the United States District Court for the Northern District of Illinois and held
Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism
“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these words, seven members of the Supreme Court upheld the constitutionality of the Consumer Financial Protection Bureau’s funding mechanism and forestalled the possibility that
Mounting Media Pressure for the Residential Solar Consumer Finance Industry Sparks Concerns about Increased Regulatory Scrutiny
As more Americans install photovoltaic power generation and storage systems on their homes, journalists have reported incidents of alleged fraud and other forms of misconduct by solar system installers, finance companies, and other related parties. The media attention has correlated directly with an increase in press releases, investigations, and even lawsuits by attorneys general and
Court Rules That Financed Residential Solar System Is a Consumer Good, Not a Fixture
Whether a solar system is a “fixture” sounds like a mundane legal issue – but it has significant implications for the residential solar industry and for the financing of residential solar systems. If a system is regarded as a “fixture” of the house to which it is attached, then the enforceability and priority of the
Alabama Supreme Court Narrows Grounds to Challenge Mortgage Foreclosure Sales
The Alabama Supreme Court recently issued a major published decision on circumstances in which a residential borrower can challenge a mortgage foreclosure sale. In Littlefield v. Smith, the court elevated the bona fide purchaser doctrine to central importance, holding that it limits the grounds for borrowers to bring many post-sale challenges if a third
CFPB Issues Advisory Opinion Restricting Fees Charged for Consumer’s Requests for Account Information
In October 2023, the CFPB issued an advisory opinion titled, “Consumer Information Requests to Large Banks and Credit Unions.” The upshot of the advisory opinion is that covered financial institutions responding to consumer information requests under Section 1034(c) of the Consumer Financial Protection Act (CFPA) face significant limitations on the fees they can charge to
CFPB Issues Additional Guidance on Use of AI in Credit Underwriting
On September 19, the Consumer Financial Protection Bureau (CFPB) issued Circular 2023-03, which provides guidance as to how lenders must explain denials of applications of credit when the underwriting is based on artificial intelligence (AI) or complex credit models. The upshot of the guidance is that a lender that denies an application for credit