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

FinCEN's New Exceptive Relief Order: A Welcome Change, But Not a Green Light to Relax Your BSA/AML Vigilance 2 Recent Guilty Pleas Highlight the Financial Crime Risks Posed by Bank Insiders Less Noise, More Signal: What FinCEN’s New SAR Guidance and the STREAMLINE Act Could Mean for BSA Reporting

Appraisal Bias

FHA Overhauls Appraisal Rules: Three Appraisal Policy Related Mortgagee Letters Rescinded FHA Extends Implementation Date for Recent Appraisal Review and Reconsideration of Value Guidelines FHA Announces New Guidelines Allowing Borrowers to Challenge Appraisals

Artificial Intelligence (AI)

The Keep Call Centers in America Act of 2025: What Financial Services Companies Need to Know

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

Bank Secrecy Act

FinCEN's New Exceptive Relief Order: A Welcome Change, But Not a Green Light to Relax Your BSA/AML Vigilance

Banking

2 Recent Guilty Pleas Highlight the Financial Crime Risks Posed by Bank Insiders OCC’s Gould Defends the National Bank Act’s Preemption Authority Following Adverse Rulings on State Interest-on-Escrow Laws Less Noise, More Signal: What FinCEN’s New SAR Guidance and the STREAMLINE Act Could Mean for BSA Reporting

Bankruptcy

Just When You Thought You Knew Bankruptcy Rule 3002.1: 5 Critical Changes Are Coming Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy No Nationwide Class Action for Violation of the Bankruptcy Discharge Injunction

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

Despite Vought’s Efforts to Dismantle the CFPB, Enforcement Will Continue – What Will It Look Like?Regulation B Revisited: CFPB Proposes Amendments Addressing Disparate Impact, Discouragement, and Special Purpose Credit Programs Keeping the Scalpel Sharp: The CFPB’s Proposal in the Larger Arc of Second-Term Trump Deregulation

Class Actions

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA No Nationwide Class Action for Violation of the Bankruptcy Discharge Injunction FCC Declares Ringless Voicemails Are Subject to TCPA’s Robocall Restrictions

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

FinCEN's New Exceptive Relief Order: A Welcome Change, But Not a Green Light to Relax Your BSA/AML Vigilance 2 Recent Guilty Pleas Highlight the Financial Crime Risks Posed by Bank Insiders Florida Legislature Considers Strict Caller ID Requirements on Companies

Consumer Protection Act

Keeping the Scalpel Sharp: The CFPB’s Proposal in the Larger Arc of Second-Term Trump Deregulation 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

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

DOJ and CFPB Issue Joint Letter Reminding Financial Institutions of the SCRA Interest Rate Protections for Servicemembers Creditors Should Review Their Use of Immigration Status When Accepting and Evaluating Applications CFPB Issues Additional Guidance on Use of AI in Credit Underwriting

Credit Reporting Industry

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA Who Regulates Residential Mortgage Trigger Leads?CFPB Releases Report on Credit Reporting Agencies, Suggests Future Reforms

Credit Unions

OCC’s Gould Defends the National Bank Act’s Preemption Authority Following Adverse Rulings on State Interest-on-Escrow Laws First Circuit Strikes Additional Blow Against the Value of an OCC Charter OCC Announces That Debanking Practices Will Be Scrutinized During Bank Licensing and Community Reinvestment Reviews

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

Florida Legislature Considers Strict Caller ID Requirements on Companies Florida Becomes Battleground for Text Messaging TCPA Arguments Just When You Thought You Knew Bankruptcy Rule 3002.1: 5 Critical Changes Are Coming

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

HUD Proposes Changes to Its Implementation of the Fair Housing Act’s Disparate Impact Standard Regulation B Revisited: CFPB Proposes Amendments Addressing Disparate Impact, Discouragement, and Special Purpose Credit Programs CFPB Issues Additional Guidance on Use of AI in Credit Underwriting

Dodd-Frank Compliance

Future of Fair Access to Banking: Will 2025 See Federal Action?Banks and Credit Unions Utilizing Ineffective Chatbots May Risk Violating Federal Law SEC Division of Examinations Announces 2023 Examination Priorities

ECOA

Regulation B Revisited: CFPB Proposes Amendments Addressing Disparate Impact, Discouragement, and Special Purpose Credit Programs President Trump Signs Debanking Executive Order: Horizontal Reviews for Banks and Credit Unions are Next Litigation Risk for Mortgage Lenders with a Less Active CFPB

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

Idaho Joins the De-Banking Ban Wave Florida’s Fair Access to Banking Expansion Takes Effect July 1: Are You Ready?The ESG Battle Continues: State Enforcement Ramps Up

ESG

OCC Announces That Debanking Practices Will Be Scrutinized During Bank Licensing and Community Reinvestment Reviews President Trump Signs Debanking Executive Order: Horizontal Reviews for Banks and Credit Unions are Next Idaho Joins the De-Banking Ban Wave

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

HUD Proposes Changes to Its Implementation of the Fair Housing Act’s Disparate Impact Standard New DOJ Redlining Settlement Continues Enforcement Trend CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families

Fair Lending

HUD Proposes Changes to Its Implementation of the Fair Housing Act’s Disparate Impact Standard Regulation B Revisited: CFPB Proposes Amendments Addressing Disparate Impact, Discouragement, and Special Purpose Credit Programs Florida Closes the Door on “Quiet Hour” Email Claims Under the FCCPA

Fair Servicing

HUD Proposes Changes to Its Implementation of the Fair Housing Act’s Disparate Impact Standard Regulation B Revisited: CFPB Proposes Amendments Addressing Disparate Impact, Discouragement, and Special Purpose Credit Programs New York Court of Appeals Finally Agrees to Hear Constitutional Challenges to FAPA

False Claims Act

The False Claims Act in 2024: A Government Enforcement Update The False Claims Act in 2023: A Government Enforcement Update 2022 Year-End False Claims Act Update

FCRA

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA Who Regulates Residential Mortgage Trigger Leads?U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits

FDCPA

Florida Closes the Door on “Quiet Hour” Email Claims Under the FCCPA Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism CFPB Issues Guidance to Lenders and Collectors on So-Called Zombie Second Mortgages

FDIC

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

Federal Agencies

OCC Announces That Debanking Practices Will Be Scrutinized During Bank Licensing and Community Reinvestment Reviews The Keep Call Centers in America Act of 2025: What Financial Services Companies Need to Know President Trump Signs Debanking Executive Order: Horizontal Reviews for Banks and Credit Unions are Next

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

HUD Proposes Changes to Its Implementation of the Fair Housing Act’s Disparate Impact Standard HUD Mortgagee Letter 2026-03 – Bridging the Gap Between Total Debt and CAFMV in the CWCOT Bidding Context HUD and Ginnie Mae Explore Major Changes to the Reverse Mortgage Industry

FHFA

FHFA Has Fraud on Its Mind

FinCEN

FinCEN's New Exceptive Relief Order: A Welcome Change, But Not a Green Light to Relax Your BSA/AML Vigilance 2 Recent Guilty Pleas Highlight the Financial Crime Risks Posed by Bank Insiders Less Noise, More Signal: What FinCEN’s New SAR Guidance and the STREAMLINE Act Could Mean for BSA Reporting

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

New York Court of Appeals Finally Agrees to Hear Constitutional Challenges to FAPA 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

Foreclosure

New California Law Threatens to Stall All Second Lien Foreclosures New York Court of Appeals Finally Agrees to Hear Constitutional Challenges to FAPA Veterans Affairs Ending Mortgage Rescue Program

Fraud

Washington’s War on Cartels Continues: What Financial Institutions Should Know About Oil Smuggling, Money Laundering & White-Collar Crime Enforcement FHFA Has Fraud on Its Mind

FRB

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

FTC

The Keep Call Centers in America Act of 2025: What Financial Services Companies Need to Know FTC Settlement with Auto Dealer Group Demonstrates Treatment of Discriminatory Conduct as “Unfair”FTC Updates CFPB on Action in the Fair Lending Space

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

Home Equity

Home Equity Products 101 Home Equity Investment and Shared Appreciation Agreements as Reverse Mortgages in Washington – Olson v. Unison Agreement Corporation

HUD

HUD Proposes Changes to Its Implementation of the Fair Housing Act’s Disparate Impact Standard HUD Mortgagee Letter 2026-03 – Bridging the Gap Between Total Debt and CAFMV in the CWCOT Bidding Context HUD and Ginnie Mae Explore Major Changes to the Reverse Mortgage Industry

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

Despite Vought’s Efforts to Dismantle the CFPB, Enforcement Will Continue – What Will It Look Like?Less Noise, More Signal: What FinCEN’s New SAR Guidance and the STREAMLINE Act Could Mean for BSA Reporting CFPB Focuses on “Serious Conduct” with Proposed Limits on Nonbank Supervision

Licensing

Home Equity Investment and Shared Appreciation Agreements as Reverse Mortgages in Washington – Olson v. Unison Agreement Corporation 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

Litigation Developments

OCC’s Gould Defends the National Bank Act’s Preemption Authority Following Adverse Rulings on State Interest-on-Escrow Laws First Circuit Strikes Additional Blow Against the Value of an OCC Charter Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA

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

California Enacts Mortgage Forbearance Act, Effective Immediately; Will Pose Compliance Challenges for Servicers Veterans Affairs Ending Mortgage Rescue Program Bradley Comment Letter Highlights Questions Regarding the CFPB’s Statutory Authority to Issue Contemplated Mortgage Servicing Rulemaking

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 Fifth Circuit Court of Appeals Upholds MERS' Authority to Assign Mortgages Nevada Supreme Court Reverses Course on MERS

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

Litigation Risk for Mortgage Lenders with a Less Active CFPB Who Regulates Residential Mortgage Trigger Leads?Potential Impact of FHA’s Revised Defect Taxonomy on Mortgage Originators and Servicers

Mortgage Servicing

HUD Mortgagee Letter 2026-03 – Bridging the Gap Between Total Debt and CAFMV in the CWCOT Bidding Context Florida Legislature Considers Strict Caller ID Requirements on Companies OCC’s Gould Defends the National Bank Act’s Preemption Authority Following Adverse Rulings on State Interest-on-Escrow Laws

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

OCC’s Gould Defends the National Bank Act’s Preemption Authority Following Adverse Rulings on State Interest-on-Escrow Laws First Circuit Strikes Additional Blow Against the Value of an OCC Charter OCC Announces That Debanking Practices Will Be Scrutinized During Bank Licensing and Community Reinvestment Reviews

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

New York’s FAIR Business Practices Act: What the Final Bill Changes and Why It Matters Despite Vought’s Efforts to Dismantle the CFPB, Enforcement Will Continue – What Will It Look Like?OCC Announces That Debanking Practices Will Be Scrutinized During Bank Licensing and Community Reinvestment Reviews

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

Home Equity Products 101 HUD and Ginnie Mae Explore Major Changes to the Reverse Mortgage Industry CFPB: Ineffective Loan Servicing Is an Abusive Act or Practice

SCRA

DOJ and CFPB Issue Joint Letter Reminding Financial Institutions of the SCRA Interest Rate Protections for Servicemembers CFPB and DOJ Caution Auto Industry on SCRA Protections California’s Servicemember Protections Expanded for Student Loans

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

Just When You Thought You Knew Bankruptcy Rule 3002.1: 5 Critical Changes Are Coming 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

Secured Debts

Just When You Thought You Knew Bankruptcy Rule 3002.1: 5 Critical Changes Are Coming 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?

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

OCC Announces That Debanking Practices Will Be Scrutinized During Bank Licensing and Community Reinvestment Reviews President Trump Signs Debanking Executive Order: Horizontal Reviews for Banks and Credit Unions are Next Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism

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 Legislature Considers Strict Caller ID Requirements on Companies New York’s FAIR Business Practices Act: What the Final Bill Changes and Why It Matters California Enacts Mortgage Forbearance Act, Effective Immediately; Will Pose Compliance Challenges for Servicers

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

Florida Legislature Considers Strict Caller ID Requirements on Companies Florida Becomes Battleground for Text Messaging TCPA Arguments A New Era for TCPA Litigation: Conflicting Rulings on Text Messages and Do-Not-Call Rule

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

Litigation Risk for Mortgage Lenders with a Less Active CFPB CFPB Announces Final Rule Closing “Overdraft Loophole” Created by TILA CFPB Plans to Increase Regulation over “Buy Now, Pay Later” Lenders

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

New York’s FAIR Business Practices Act: What the Final Bill Changes and Why It Matters Who Regulates Residential Mortgage Trigger Leads?CFPB Issues Proposal Requiring Nonbank Institutions to Register and Report Violations of Consumer Protection Laws Issued by Other Agencies and Courts

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

The Keep Call Centers in America Act of 2025: What Financial Services Companies Need to Know 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