Topics

Affordable Housing

HUD’s Federal Flood Risk Management Standard Final Rule to Help Communities Reduce Flood Damage, but Tradeoffs Draw Criticism FHA Updates Single Family Policy Handbook 4000.1 The Rapidly Changing Fair Housing Landscape: HUD Rescinds Obama-Era AFFH Fair Housing Rule

Alternative Finance

CFPB Issues Additional Guidance on Use of AI in Credit Underwriting CFPB Sets Sight On “Buy Now Pay Later” in Targeted Inquiries After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving

Anti-Money Laundering

Community Banks and BSA/AML Compliance: The OCC’s Consent Order with Clear Fork Bank Proves Regulators Aren’t Only Focused on Large Financial Institutions TD Bank’s Historic $3.1B Money Laundering Settlement a Warning to All Financial Institutions The Escalating Threat of Mortgage Fraud

Appraisal Bias

FHA Extends Implementation Date for Recent Appraisal Review and Reconsideration of Value Guidelines FHA Announces New Guidelines Allowing Borrowers to Challenge Appraisals CFPB, FDIC, NCUA, OCC, and FRB Issue Proposed Guidance on Reconsiderations of Value of Residential Real Estate Transactions

Automobile Finance

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism CFPB Issues Additional Guidance on Use of AI in Credit Underwriting Supreme Court to Decide CFPB’s Validity

Banking

Community Banks and BSA/AML Compliance: The OCC’s Consent Order with Clear Fork Bank Proves Regulators Aren’t Only Focused on Large Financial Institutions CFPB Issues Final Rule Implementing Section 1033 of Dodd-Frank Act TD Bank’s Historic $3.1B Money Laundering Settlement a Warning to All Financial Institutions

Bankruptcy

Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy No Nationwide Class Action for Violation of the Bankruptcy Discharge Injunction Consumer Advocate Appointed New Director of Justice Department’s U.S. Trustee Program

Blockchain

What the Proposed North Carolina Regulatory Sandbox Could Mean for Fintech and the Financial Services Community Cryptocurrencies: Currency, Commodity, Security or Something Else?Upending Trade Finance through Blockchain Technology

Bradley's Bankruptcy Basics

Consumer Advocate Appointed New Director of Justice Department’s U.S. Trustee Program Bradley’s Bankruptcy Basics: Automatic Stay and Discharge Injunction Violations Bradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for Bankruptcy

Broker-Dealer

Q&A with the Mississippi Securities Division: New Technology, New Rules and New Challenges SEC Division of Examinations Announces 2023 Examination Priorities Q&A with the Mississippi Securities Division: From Ponzi Schemes to Cryptocurrency

Cannabis

CannaBanking in Mississippi: Weeding Through the Rules U.S. House Passes the SAFE Banking Act as Part of Defense Bill Cannabis Banking: An Update on the SAFE Banking Act

CARES Act

CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations Landlords Again Successfully Challenge the CDC’s Authority to Ban Residential Evictions Bradley’s Bankruptcy Basics: COVID-19 Bankruptcy Relief Extension Act Extends Various CARES Act Amendments to the Bankruptcy Code

CCPA

After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving In the Strangest Year Ever, We’re Very Thankful and Wish You a Happy Thanksgiving The Perils of Responding to Cyber-Incidents Just Got More Complicated

CFPB

CFPB Releases Final Rule Establishing Supervisory Authority Over Large Digital Payment Providers CFPB Issues Final Rule Implementing Section 1033 of Dodd-Frank Act 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

Class Actions

No Nationwide Class Action for Violation of the Bankruptcy Discharge Injunction FCC Declares Ringless Voicemails Are Subject to TCPA’s Robocall Restrictions FCC Targets “Ringless Voicemails” for Robocalling Enforcement

Commercial Lending

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism HUD’s Federal Flood Risk Management Standard Final Rule to Help Communities Reduce Flood Damage, but Tradeoffs Draw Criticism Navigating the CFPB's Final Rule on Dodd-Frank Section 1071

Compliance

Community Banks and BSA/AML Compliance: The OCC’s Consent Order with Clear Fork Bank Proves Regulators Aren’t Only Focused on Large Financial Institutions CFPB Releases Final Rule Establishing Supervisory Authority Over Large Digital Payment Providers CFPB Issues Final Rule Implementing Section 1033 of Dodd-Frank Act

Consumer Protection Act

CFPB Issues Proposal Requiring Nonbank Institutions to Register and Report Violations of Consumer Protection Laws Issued by Other Agencies and CourtsFannie Mae and Freddie Mac Direct Collection of Borrower Information to Further Fair Lending and Fair Servicing Aims CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families

COVID-19 (Coronavirus)

FHA Announces New Loss Mitigation Payment Supplement Option COVID-19 National Emergency Ends Sooner than Anticipated, Creating Risks for Mortgage Servicers FHA Implements COVID-19 Property Charge Repayment Plan for HECM Borrowers

Credit Card

Creditors Should Review Their Use of Immigration Status When Accepting and Evaluating Applications CFPB Issues Additional Guidance on Use of AI in Credit Underwriting Questions to Consider as Regulators Increase Scrutiny of Medical Debt

Credit Reporting Industry

CFPB Releases Report on Credit Reporting Agencies, Suggests Future Reforms COVID-19 Mortgage Servicing Trends Report: 2020 Year-End Review In the Strangest Year Ever, We’re Very Thankful and Wish You a Happy Thanksgiving

Credit Unions

Banks and Credit Unions Utilizing Ineffective Chatbots May Risk Violating Federal Law Creditors Should Review Their Use of Immigration Status When Accepting and Evaluating Applications Department of Defense Withdraws Troublesome Military Lending Act Guidance

Cybersecurity

SEC Division of Examinations Announces 2023 Examination Priorities A Tale of Two Functions: Weighing Business and Legal Considerations in the Wake of a Data Breach to Preserve Attorney-Client Privilege and Work Product Protections What the Proposed North Carolina Regulatory Sandbox Could Mean for Fintech and the Financial Services Community

Data Privacy

Have You Heard of ADCONs? How to Get Ready for Fannie Mae and Freddie Mac’s New Address Confidentiality Program Requirements CFPB Issues Advanced Notice of Proposed Rulemaking on Section 1033 for Consumer-Authorized Access to Financial Data The Perils of Responding to Cyber-Incidents Just Got More Complicated

Debt Collection

“This Is an Attempt to Collect a Debt” May Mean What It Says: The Eleventh Circuit’s Recent Decision in Daniels v. Select Portfolio Servicing, Inc.CFPB Issues Advisory Opinion Clarifying Its Views on When Debt Collectors Can Charge Consumers “Convenience Fees”Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V

Digital Currency / Cryptocurrency

Q&A with the Mississippi Securities Division: New Technology, New Rules and New Challenges We’re NOT so Early Anymore - As NFTs Hit Primetime In Insider Trading Case, A Broader Look Ahead For Digital Assets Q&A with the Mississippi Securities Division: From Ponzi Schemes to Cryptocurrency

Disparate Impact

CFPB Issues Additional Guidance on Use of AI in Credit Underwriting Fannie Mae and Freddie Mac Direct Collection of Borrower Information to Further Fair Lending and Fair Servicing Aims CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families

Dodd-Frank Compliance

Banks and Credit Unions Utilizing Ineffective Chatbots May Risk Violating Federal Law SEC Division of Examinations Announces 2023 Examination Priorities Georgia Passes Historic Mortgage Licensing Law

ECOA

Appeals Court Holds ECOA Liability Extends to Prospective Applicants Creditors Should Review Their Use of Immigration Status When Accepting and Evaluating Applications CFPB Issues Additional Guidance on Use of AI in Credit Underwriting

Education Finance

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 CFPB Issues Additional Guidance on Use of AI in Credit Underwriting U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits

Environmental

Florida’s Fair Access to Banking Expansion Takes Effect July 1: Are You Ready?The ESG Battle Continues: State Enforcement Ramps Up State AGs Turn ESG Scrutiny on Financial Service Providers

ESG

Florida’s Fair Access to Banking Expansion Takes Effect July 1: Are You Ready?The ESG Battle Continues: State Enforcement Ramps Up State AGs Turn ESG Scrutiny on Financial Service Providers

Events

Navigating ADA Compliance Issues in an Online World The ABI Commission’s Final Report on Consumer Bankruptcy Issues: What Mortgage Creditors Need to Know ABI Commission’s Final Report on Consumer Bankruptcy Issues, What Creditors Need to Know

Fair Housing

New DOJ Redlining Settlement Continues Enforcement Trend CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families CFPB Provides New Guidance on Discrimination in Algorithmic Credit Decisions

Fair Lending

FHA Extends Implementation Date for Recent Appraisal Review and Reconsideration of Value Guidelines Appeals Court Holds ECOA Liability Extends to Prospective Applicants Creditors Should Review Their Use of Immigration Status When Accepting and Evaluating Applications

Fair Servicing

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 Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism Fannie Mae Issues Fair Servicing Best Practices Guide

False Claims Act

The False Claims Act in 2023: A Government Enforcement Update 2022 Year-End False Claims Act Update 2021 Proves to Be Another Big Year for the False Claims Act

FCRA

U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits CFPB Releases Report on Credit Reporting Agencies, Suggests Future Reforms CFPB Rescinds 2020 Policy Statements Issued Due to COVID-19

FDCPA

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism CFPB Issues Guidance to Lenders and Collectors on So-Called Zombie Second Mortgages Supreme Court to Decide CFPB’s Validity

FDIC

CFPB, FDIC, NCUA, OCC, and FRB Issue Proposed Guidance on Reconsiderations of Value of Residential Real Estate Transactions

Federal Agencies

TD Bank’s Historic $3.1B Money Laundering Settlement a Warning to All Financial Institutions New FDIC Recordkeeping Requirements: Director Chopra Cautions Against a New Form of “Rent-a-Bank”Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism

FFIEC

Update March 13, 2020: Financial Services Licensing and Compliance Obligations and COVID-19 Financial Services Licensing and Compliance Obligations and COVID-19 O Canada! What Canada’s Nationwide Legalization of Cannabis Means for American Financial Institutions

FHA

FHA Extends Implementation Date for Recent Appraisal Review and Reconsideration of Value Guidelines FHA Changes its Defect Taxonomy for Originators and Servicers Impact of Revised FHA Handbook on Reverse Mortgage Servicers

FinCEN

Cannabis Banking: An Update on the SAFE Banking Act Facilitating Ransomware Payments Entails Sanctions Risks, OFAC Warns Hemp Banking – FinCEN Issues New Guidance Regarding AML/BSA Obligations

FinTech

New FDIC Recordkeeping Requirements: Director Chopra Cautions Against a New Form of “Rent-a-Bank”Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism CFPB Invokes “Dormant” Authority and Unveils First Public Supervisory Designation of a High-Risk Nonbank Installment Lender

FIRREA

Would the 7th Circuit Have Changed Its FCA Standard but for Peer Pressure?Jury Verdict Expands to $298 Million in False Claims Act/FIRREA Case as Court Assesses Treble Damages and Penalties In a Major FIRREA Victory for the Banks, the Second Circuit Overturns $1.27 Billion Jury Verdict

Foreclosing Entities

Alabama Supreme Court Upholds Legality of Mandated Borrower Payments During Foreclosure Litigation Bankruptcy Court Upholds Foreclosure Sale That Occurred Between Bankruptcy Case Dismissal and Subsequent Reinstatement CDC Issues Eviction Moratorium, but Will It Survive Legal Challenge?

Foreclosure

Tennessee Supreme Court Clarifies Standing Law and Eliminates Wrongful Foreclosure as a Cause of Action in a Big Win for Mortgage Industry Alabama Supreme Court Upholds Legality of Mandated Borrower Payments During Foreclosure Litigation Navigating Desbrunes: Implications and the Case for Overturning

FRB

CFPB, FDIC, NCUA, OCC, and FRB Issue Proposed Guidance on Reconsiderations of Value of Residential Real Estate Transactions

FTC

FTC Settlement with Auto Dealer Group Demonstrates Treatment of Discriminatory Conduct as “Unfair”FTC Updates CFPB on Action in the Fair Lending Space FTC’s Comment on ECOA and Regulation B Signals Continued Focus on Small Business Lending

HOA Super Priority Liens

New Nevada Decisions Confirm Additional Ways to Satisfy HOA Superpriority Liens Nevada Supreme Court Rules Bank Tender Defeats HOA Superpriority Lien Nevada Courts Provide Additional Guidance on HOA Super Priority Lien Law for Lenders

HUD

FHA Extends Implementation Date for Recent Appraisal Review and Reconsideration of Value Guidelines FHA Changes its Defect Taxonomy for Originators and Servicers Impact of Revised FHA Handbook on Reverse Mortgage Servicers

Identity Theft / Privacy

A Tale of Two Functions: Weighing Business and Legal Considerations in the Wake of a Data Breach to Preserve Attorney-Client Privilege and Work Product Protections The Perils of Responding to Cyber-Incidents Just Got More Complicated FTC Imposes $110 Million Fine Against Payment Facilitator and Its Executives

Installment Lending

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism CFPB Invokes “Dormant” Authority and Unveils First Public Supervisory Designation of a High-Risk Nonbank Installment Lender Creditors Should Review Their Use of Immigration Status When Accepting and Evaluating Applications

Insurance

HUD’s Federal Flood Risk Management Standard Final Rule to Help Communities Reduce Flood Damage, but Tradeoffs Draw Criticism Insurers and Financial Institutions Face Increasing Scrutiny from States in the ESG Debate Fannie Mae to Test Drive Ditching Title Insurance

Investigations / Enforcement

Q&A with the Mississippi Securities Division: New Technology, New Rules and New Challenges The Escalating Threat of Mortgage Fraud FHA Makes Rule Changes for Branch Registration

Licensing

FHA Makes Rule Changes for Branch Registration Connecticut Banking Commissioner Order Highlights Risks Associated with Call Center Mortgage Loan Origination and Employee Social Media Use Georgia Passes Historic Mortgage Licensing Law

Litigation Developments

Alabama Supreme Court Upholds Legality of Mandated Borrower Payments During Foreclosure Litigation Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy

Loan Modification

Agencies Offer Regulatory Assistance in Disaster Affected Areas Pre-Bankruptcy Automatic Stay Waivers – More Valuable Than Ever These Days?A Good Day for Lenders: Texas Supreme Court Rules that Lenders Still Entitled to Equitable Subrogation for Non-compliant Home Equity Loans

Loan Underwriting

The Escalating Threat of Mortgage Fraud HUD’s Federal Flood Risk Management Standard Final Rule to Help Communities Reduce Flood Damage, but Tradeoffs Draw Criticism CFPB Issues Additional Guidance on Use of AI in Credit Underwriting

Loss Mitigation

Bradley Comment Letter Highlights Questions Regarding the CFPB’s Statutory Authority to Issue Contemplated Mortgage Servicing Rulemaking CFPB Releases Long-Awaited Proposed Mortgage Servicing Rule; Bradley to Host Webinar on July 15 FHA Announces New Loss Mitigation Payment Supplement Option

Manufactured Housing

HUD Proposes Amendments to the Federal Manufactured Home Construction and Safety Standards HUD and DOJ Release Memorandum on the Application and Enforcement of FHA Violations Involving the False Claims Act Secretary Carson Focused on Improving Access to Manufactured Housing

Merchant Cash Advance

After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving The CFPB Director Expresses Concern About Section 1071 Regulatory Burdens on Small Banks New York DFS Proposes Regulation to Implement TILA-Like Requirements on Small Business Loans

MERS

Connecticut Supreme Court Upholds Constitutionality of MERS Recording Statute Important New Tennessee MERS Opinion Issued Fifth Circuit Court of Appeals Upholds MERS' Authority to Assign Mortgages

MLA

Department of Defense Withdraws Troublesome Military Lending Act Guidance New Legislation in House, Senate Would Cap Consumer Loans at 36%, Crippling the Industry CFPB Proposes Reporting and Examination Authority Over Military Lending Act

Mortgage Loan Originators

FHA Changes its Defect Taxonomy for Originators and Servicers Renewed Federal Scrutiny for Nonbank Mortgage Companies The Escalating Threat of Mortgage Fraud

Mortgage Servicing

Tennessee Supreme Court Clarifies Standing Law and Eliminates Wrongful Foreclosure as a Cause of Action in a Big Win for Mortgage Industry Bradley Comment Letter Highlights Questions Regarding the CFPB’s Statutory Authority to Issue Contemplated Mortgage Servicing Rulemaking FHA Changes its Defect Taxonomy for Originators and Servicers

NCUA

CFPB, FDIC, NCUA, OCC, and FRB Issue Proposed Guidance on Reconsiderations of Value of Residential Real Estate Transactions Federal Financial Agencies Announce Flexibility in Enforcing Certain Mortgage Servicing Rules in Response to COVID-19 Federal Regulatory Agencies Offer Interagency Statement Regarding COVID-19-Related Loan Modifications and Status Reporting

NMLS

Georgia Passes Historic Mortgage Licensing Law Updates from 12 State Regulatory Agencies Regarding Coronavirus and Related Work from Home Issues Four Additional States Issue New Guidance Relating to Working from Home; Massachusetts and New York Supplement Previous Guidance

Non-Borrowing Spouse

FHA Extends Non-Borrowing Spouse Protections Eleventh Circuit Rules Reverse Mortgage Companies Not Prohibited from Foreclosing on Non-Borrowing Spouses Florida Third District Court of Appeal’s Ruling in Favor of Reverse Mortgage Lender Signals New Positive Outlook for Non-Borrowing Spouse Issue

OCC

TD Bank’s Historic $3.1B Money Laundering Settlement a Warning to All Financial Institutions CFPB, FDIC, NCUA, OCC, and FRB Issue Proposed Guidance on Reconsiderations of Value of Residential Real Estate Transactions Banking Regulators Publish Proposed Rule to Update Community Reinvestment Act Regulations

Partial Claim

FHA Seeks Additional Feedback on New Loss Mitigation Option for Struggling Borrowers FHA Proposes New Partial Claim Loss Mitigation for Struggling Borrowers

Payday Lending

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism Supreme Court to Decide CFPB’s Validity Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question

Payment Systems

CFPB Releases Final Rule Establishing Supervisory Authority Over Large Digital Payment Providers CFPB Files Suit Against Payment Processor for Its Customers’ Alleged Scams California’s Proposed “Mini-CFPB” May Increase Scrutiny of Auto Lenders and Other Industry Participants

Regulatory Supervision

CFPB Releases Final Rule Establishing Supervisory Authority Over Large Digital Payment Providers CFPB Issues Final Rule Implementing Section 1033 of Dodd-Frank Act New FDIC Recordkeeping Requirements: Director Chopra Cautions Against a New Form of “Rent-a-Bank”

RESPA

Bradley Comment Letter Highlights Questions Regarding the CFPB’s Statutory Authority to Issue Contemplated Mortgage Servicing Rulemaking CFPB Releases Long-Awaited Proposed Mortgage Servicing Rule; Bradley to Host Webinar on July 15 COVID-19 National Emergency Ends Sooner than Anticipated, Creating Risks for Mortgage Servicers

Reverse Mortgage

CFPB: Ineffective Loan Servicing Is an Abusive Act or Practice Impact of Revised FHA Handbook on Reverse Mortgage Servicers HUD OIG Reports HMBS Program Management Concerns

SCRA

CFPB and DOJ Caution Auto Industry on SCRA Protections California’s Servicemember Protections Expanded for Student Loans Military Consumer Enforcement Act Introduced in Senate Seeks to Enhance SCRA Enforcement

SEC

SEC Division of Examinations Announces 2023 Examination Priorities Cryptocurrencies: Currency, Commodity, Security or Something Else?O Canada! What Canada’s Nationwide Legalization of Cannabis Means for American Financial Institutions

Secured Creditors

Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V Bradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for Bankruptcy Bradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?

Secured Debts

Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V Bradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?Bradley’s Bankruptcy Basics: Payment of Claims

Short-Term Loans

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism Supreme Court to Decide CFPB’s Validity Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question

Small Business Lending

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism Navigating the CFPB's Final Rule on Dodd-Frank Section 1071 Supreme Court to Decide CFPB’s Validity

Small-Dollar Lending

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism CFPB Issues Additional Guidance on Use of AI in Credit Underwriting Supreme Court to Decide CFPB’s Validity

Solar Finance

Mounting Media Pressure for the Residential Solar Consumer Finance Industry Sparks Concerns about Increased Regulatory Scrutiny Court Rules That Financed Residential Solar System Is a Consumer Good, Not a Fixture

State Law Developments

Florida’s Fair Access to Banking Expansion Takes Effect July 1: Are You Ready?Alabama Supreme Court Upholds Legality of Mandated Borrower Payments During Foreclosure Litigation Q&A with the Mississippi Securities Division: New Technology, New Rules and New Challenges

Student Loan Servicing

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 California Prepares to Add New Student Loan Servicing Regulations CFPB Sends Signal to Student Loan Servicers Through UDAAP Consent Order

Supreme Court

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits Supreme Court to Decide CFPB’s Validity

TCPA

FCC Declares Ringless Voicemails Are Subject to TCPA’s Robocall Restrictions FCC Targets “Ringless Voicemails” for Robocalling Enforcement The Tide Has Turned in TCPA Litigation: The Supreme Court Unanimously Adopts Narrow Definition of “Autodialer” in Landmark Decision

Tenant Protection

Alabama Supreme Court Upholds Legality of Mandated Borrower Payments During Foreclosure Litigation CDC Issues Eviction Moratorium, but Will It Survive Legal Challenge?HUD Proposed Rule Demands More Disparate and More Impact to Establish Disparate Impact Liability

TILA

CFPB Plans to Increase Regulation over “Buy Now, Pay Later” Lenders New York DFS Proposes Regulation to Implement TILA-Like Requirements on Small Business Loans CFPB Releases TRID Guidance for Juneteenth National Independence Day

Title Loans

Illinois Caps Consumer Loans at 36% Rate, Limiting Consumers’ Access to Credit California Latest State to Consider Lead Generation Licensing CFPB Guts Major Component of Payday Lending Rule

TRID

CFPB Releases TRID Guidance for Juneteenth National Independence Day CFPB Finalizes Amendments to TRID Rule CFPB Issues Proposed Amendments to TRID Rule

UDAAP

CFPB Issues Proposal Requiring Nonbank Institutions to Register and Report Violations of Consumer Protection Laws Issued by Other Agencies and CourtsCFPB Sends Signal to Student Loan Servicers Through UDAAP Consent Order CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations

Unsecured Lending

CFPB Issues Additional Guidance on Use of AI in Credit Underwriting Questions to Consider as Regulators Increase Scrutiny of Medical Debt Federal Regulators Solicit Comments Regarding Healthcare Point-of-Sale Financing

Vendor Management

Does the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?New Federal Appellate FDCPA Decision Threatens to Upend Debt Collection and Loan Servicing NYDFS’s New (and Expanded) Servicer Vendor Management Expectations