Topics

Affordable Housing

FHA Updates Single Family Policy Handbook 4000.1 Second Circuit Rules on Landlord Fair Housing Act Liability for Ignoring Tenant-on-Tenant Racial Harassment FHA Clarifies That DACA Classified Residents Are Permitted to Apply for FHA-Insured Mortgages

Alternative Finance

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 The CFPB Director Expresses Concern About Section 1071 Regulatory Burdens on Small Banks

Anti-Money Laundering

We’re NOT so Early Anymore - As NFTs Hit Primetime In Insider Trading Case, A Broader Look Ahead For Digital Assets U.S. House Passes the SAFE Banking Act as Part of Defense Bill Cannabis Banking: An Update on the SAFE Banking Act

Automobile Finance

FTC Settlement with Auto Dealer Group Demonstrates Treatment of Discriminatory Conduct as “Unfair”Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question CFPB and DOJ Caution Auto Industry on SCRA Protections

Banking

We Wish You a Happy Thanksgiving as We Count Our Blessings CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You Think

Bankruptcy

Consumer Advocate Appointed New Director of Justice Department’s U.S. Trustee Program We Wish You a Happy Thanksgiving as We Count Our Blessings Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V

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: From Ponzi Schemes to Cryptocurrency O Canada! What Canada’s Nationwide Legalization of Cannabis Means for American Financial Institutions The Supreme Court Levels the SEC Playing Field

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 Report on Credit Reporting Agencies, Suggests Future Reforms CFPB Issues Proposal Requiring Nonbank Institutions to Register and Report Violations of Consumer Protection Laws Issued by Other Agencies and CourtsWe Wish You a Happy Thanksgiving as We Count Our Blessings

Class Actions

FCC Declares Ringless Voicemails Are Subject to TCPA’s Robocall Restrictions FCC Targets “Ringless Voicemails” for Robocalling Enforcement New Amendments to the WVCCPA to Provide Additional Certainty for Businesses

Commercial Lending

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You Think Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V

Compliance

Consumer Advocate Appointed New Director of Justice Department’s U.S. Trustee Program CFPB Issues Proposal Requiring Nonbank Institutions to Register and Report Violations of Consumer Protection Laws Issued by Other Agencies and CourtsWe Wish You a Happy Thanksgiving as We Count Our Blessings

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 Implements COVID-19 Property Charge Repayment Plan for HECM Borrowers FHA Extends Partial Waiver of Face-to-Face Meeting Requirement We Wish You a Happy Thanksgiving as We Count Our Blessings

Credit Card

New Amendments to the WVCCPA to Provide Additional Certainty for Businesses CFPB Rescinds 2020 Policy Statements Issued Due to COVID-19 Illinois Caps Consumer Loans at 36% Rate, Limiting Consumers’ Access to Credit

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

Department of Defense Withdraws Troublesome Military Lending Act Guidance CFPB’s New Policy on Abusive Practices Promises a “Common Sense” Approach to Enforcement NCUA’s Appraisal Threshold Increase to $1 Million for Commercial Real Estate Loans Set to Go into Effect

Cybersecurity

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 New Cyber Insurance Risk Framework Provides Best Practices for the Insurance Industry

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

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 Cryptocurrencies: Currency, Commodity, Security or Something Else?

Disparate Impact

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 FTC Updates CFPB on Action in the Fair Lending Space

Dodd-Frank Compliance

Georgia Passes Historic Mortgage Licensing Law Dodd Frank 1071 Update: Members of Congress Address Significant Concerns The CFPB Director Expresses Concern About Section 1071 Regulatory Burdens on Small Banks

ECOA

FTC Settlement with Auto Dealer Group Demonstrates Treatment of Discriminatory Conduct as “Unfair”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

Education Finance

Old Myths Die Hard: District Court Reverses Bankruptcy Court’s Discharge of Student Loan Debt Under BrunnerSecond Circuit Follows Other Recent Circuit Opinions Re: Private Student Loan Discharge Mississippi Joins the Anti-Preemption Parade

Environmental

State Bank Regulations Become New Front in the Fossil Fuel Wars Agencies Offer Regulatory Assistance in Disaster Affected Areas Don’t Let A Natural Disaster Cause Financial Disaster

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

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 Banking Regulators Publish Proposed Rule to Update Community Reinvestment Act Regulations

Fair Lending

FTC Settlement with Auto Dealer Group Demonstrates Treatment of Discriminatory Conduct as “Unfair”CFPB Plans to Increase Regulation over “Buy Now, Pay Later” Lenders Fannie Mae and Freddie Mac Direct Collection of Borrower Information to Further Fair Lending and Fair Servicing Aims

Fair Servicing

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question Fannie Mae and Freddie Mac Direct Collection of Borrower Information to Further Fair Lending and Fair Servicing Aims CFPB Provides New Guidance on Discrimination in Algorithmic Credit Decisions

False Claims Act

2021 Proves to Be Another Big Year for the False Claims Act Focus on False Claims Act Suits Continues in 2020 Despite a Nationwide Pandemic Continued Payments by the VA Won’t Stop Qui Tam When It Comes to Purported Fraud on Veterans

FCRA

CFPB Releases Report on Credit Reporting Agencies, Suggests Future Reforms CFPB Rescinds 2020 Policy Statements Issued Due to COVID-19 Acting Director David Uejio Issues Warning: CFPB Will Take Aggressive Action with Regard to COVID-19

FDCPA

“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”After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving

Federal Agencies

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question FTC Updates CFPB on Action in the Fair Lending Space Agencies’ Joint Statement on Supervisory and Enforcement Practices Forecasts Increased Scrutiny and Regulatory Activity

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 Implements COVID-19 Property Charge Repayment Plan for HECM Borrowers HUD Authorizes Acceptance of Private Flood Insurance for FHA-Insured Mortgages FHA Extends Partial Waiver of Face-to-Face Meeting Requirement

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

The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You Think Fintechs and Non-banks Beware: CFPB to Utilize “Dormant Authority” to Examine Fintechs and Other Non-bank Financial Services Companies FTC Updates CFPB on Action in the Fair Lending Space

FIRREA

CFIUS/FIRRMA: Final U.S. Foreign Direct Investment Regulations 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

Foreclosing Entities

Bankruptcy Court Upholds Foreclosure Sale That Occurred Between Bankruptcy Case Dismissal and Subsequent Reinstatement CDC Issues Eviction Moratorium, but Will It Survive Legal Challenge?Pre-Bankruptcy Automatic Stay Waivers – More Valuable Than Ever These Days?

Foreclosure

Bradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower Litigation Florida Homestead Exemption Applies Only to U.S. Citizens and Permanent Residents

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 Implements COVID-19 Property Charge Repayment Plan for HECM Borrowers HUD Authorizes Acceptance of Private Flood Insurance for FHA-Insured Mortgages FHA Extends Partial Waiver of Face-to-Face Meeting Requirement

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

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question New Mexico Governor Signs Bill to Impose 36% Rate Cap and Tough Anti-Evasion Provisions District Court Ruling Clears Way for Small Dollar Rule Compliance Date in June 2022

Insurance

HUD Authorizes Acceptance of Private Flood Insurance for FHA-Insured Mortgages FEMA to Issue New Homeowner Flood Form The Future of the National Flood Insurance Program – A Legislative Update

Investigations / Enforcement

The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You Think We’re NOT so Early Anymore - As NFTs Hit Primetime In Insider Trading Case, A Broader Look Ahead For Digital Assets Georgia Passes Historic Mortgage Licensing Law

Licensing

Georgia Passes Historic Mortgage Licensing Law OCC Releases Final True Lender Rule OCC Proposes Clarification to True Lender Doctrine

Litigation Developments

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 South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower Litigation Does the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?

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

CFPB Releases Observations of COVID-19 Impacts to Small Business Lending through PPP Loans and Potential Fair Lending Risks Federal Reserve Implements Aggressive Liquidity Campaign as Growing Corporate Debt Threatens to Exacerbate COVID-19 Economic Toll National Credit Union Administration Encourages Banking Hemp Businesses — With Some Caveats

Loss Mitigation

CFPB Releases RFI on Mortgage Servicing Rules Signaling Potential for Future Regulatory Reform CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations The CFPB’s New COVID-19 Procedural Safeguard Rules Pose Significant Compliance Challenges for Mortgage Servicers

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 Extends Partial Waiver of Face-to-Face Meeting Requirement Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families

Mortgage Servicing

FHA Implements COVID-19 Property Charge Repayment Plan for HECM Borrowers Have You Heard of ADCONs? How to Get Ready for Fannie Mae and Freddie Mac’s New Address Confidentiality Program Requirements CFPB Releases RFI on Mortgage Servicing Rules Signaling Potential for Future Regulatory Reform

NCUA

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 NCUA’s Appraisal Threshold Increase to $1 Million for Commercial Real Estate Loans Set to Go into Effect

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

Banking Regulators Publish Proposed Rule to Update Community Reinvestment Act Regulations OCC Releases Final True Lender Rule State Attorneys General Challenge FDIC’s Madden Fix

Payday Lending

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question New Mexico Governor Signs Bill to Impose 36% Rate Cap and Tough Anti-Evasion Provisions CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Small Dollar Lending

Payment Systems

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 Navigating ADA Compliance Issues in an Online World

Regulatory Supervision

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You Think Georgia Passes Historic Mortgage Licensing Law

RESPA

CFPB’s Escrow Interpretation Is Causing Confusion Amongst Servicers and Is Likely to Harm Consumers U.S. Fifth Circuit Rejects “Vicarious Liability” Theory under RESPA Do Servicers Have to Monitor Whether a Successor in Interest is in Bankruptcy? CFPB’s FAQ Suggests the Answer is “Yes”

Reverse Mortgage

HUD Releases Update to HECM Program Requirements for HECMs Due and Payable Due to Death of Borrower Georgia Passes Historic Mortgage Licensing Law FHA Updates Single Family Policy Handbook 4000.1

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

Cryptocurrencies: Currency, Commodity, Security or Something Else?O Canada! What Canada’s Nationwide Legalization of Cannabis Means for American Financial Institutions The Supreme Court Levels the SEC Playing Field

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

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question District Court Ruling Clears Way for Small Dollar Rule Compliance Date in June 2022 Illinois Caps Consumer Loans at 36% Rate, Limiting Consumers’ Access to Credit

Small Business Lending

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You Think First DOJ Enforcement Action Against PPP Lender Presages Increased Government Scrutiny of Bank and Non-Bank PPP Lenders

Small-Dollar Lending

Fifth Circuit Court of Appeals Invalidates Small-Dollar Rule, Throws the Future of the CFPB Into Question FTC Updates CFPB on Action in the Fair Lending Space New Mexico Governor Signs Bill to Impose 36% Rate Cap and Tough Anti-Evasion Provisions

State Law Developments

We Wish You a Happy Thanksgiving as We Count Our Blessings The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You Think Georgia Passes Historic Mortgage Licensing Law

Student Loan Servicing

CFPB Sends Signal to Student Loan Servicers Through UDAAP Consent Order CFPB Fall Supervisory Highlights Shed Light on Agency Priorities Old Myths Die Hard: District Court Reverses Bankruptcy Court’s Discharge of Student Loan Debt Under Brunner

Supreme Court

If You Thought the TCPA Was on Its Way Out, Think Again: The Supreme Court Expands Its Prohibitions Instead Supreme Court Holds That Part of CFPB’s Structure Is Unconstitutional A Good Day for Lenders: Texas Supreme Court Rules that Lenders Still Entitled to Equitable Subrogation for Non-compliant Home Equity Loans

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

Second Circuit Rules on Landlord Fair Housing Act Liability for Ignoring Tenant-on-Tenant Racial Harassment FHA Clarifies That DACA Classified Residents Are Permitted to Apply for FHA-Insured Mortgages Federal District Court Stays Effective Date and Enjoins Enforcement of HUD’s Final Rule on the Fair Housing Act’s Disparate Impact Standard

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

Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V FTC Updates CFPB on Action in the Fair Lending Space CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Small Dollar Lending

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