Regulatory Updates

CFPB: Rule Proposed to Rein in Excessive Credit Card Late Fees

Proposed rule seeks to close loophole exploited by companies to hike fees with inflation Today, the Consumer Financial Protection Bureau (CFPB) proposed a rule to curb excessive credit card late fees that cost American families about $12 billion each year. Major credit card issuers continue to profit off late fees that are protected by an…

Federal Reserve: Changes to HMDA Loan Volume Reporting Threshold for Closed-End Mortgage Loans

This letter addresses the impact on financial institutions supervised by the Federal Reserve of recent changes as a result of litigation related to the HMDA reporting threshold for closed-end mortgage loans. Background  In May 2020, the Consumer Financial Protection Bureau (CFPB) published a final rule amending Regulation C (Home Mortgage Disclosure) to, among other things,…

HUD: Expanded Support Proposed for Housing Counseling Services Tailored to the Needs of Tribal Communities

Proposed rule seeks to expand Tribal participation in HUD-approved housing counseling by removing unique impediments to counselor certification. The U.S. Department of Housing and Urban Development’s (HUD) Office of Housing Counseling is announcing today that it published a proposed rule in the Federal Register outlining housing counselor certification requirements for housing counseling conducted in connection with the Indian Housing…

ABA: CFPB Cautioned to Tread Carefully on Personal Financial Data Rulemaking

In a new comment letter filed today, the American Bankers Association urged the Consumer Financial Protection Bureau to “tread carefully” in its rulemaking under Section 1033 of the Dodd-Frank Act and to “recognize the deep complexities at the heart of personal financial data rights and the need to strike a harmonious balance between consumer interests…

HUD: New “Affirmatively Furthering Fair Housing” Rule Proposed to Root Out Longstanding Inequities in Housing and Foster Inclusive Communities

Rule expands upon HUD’s previous policy, implementing opportunities for transparency and accountability while bolstering economic equity for American families The U.S. Department of Housing and Urban Development (HUD) will imminently publish a Notice of Proposed Rulemaking in the Federal Register to fulfill the promise of the 1968 Fair Housing Act. The proposed rule aims to remedy the…

CFPB: Rule Proposed to Establish Public Registry of Terms & Conditions in Form Contracts That Claim to Waive or Limit Consumer Rights & Protections

Companies can use terms and conditions in non-negotiable form contracts to try to hide consumer harm, to stifle criticism about products and services, and to undermine consumer financial protection law Today, the Consumer Financial Protection Bureau (CFPB) proposed a rule to establish a public registry of supervised nonbanks’ terms and conditions in “take it or…

HUD: Rule Change on Rental Housing Assistance Proposed for Native Hawaiian Housing Block Grant Program

Proposed Rule Would Provide Clarity, Make Rental Assistance and Affordable Housing Opportunities More Available to Native Hawaiian Families This week, the U.S. Department of Housing and Urban Development (HUD) issued a proposed rule to expand rental assistance to Native Hawaiian families under the department’s Native Hawaiian Housing Block Grant (NHHBG) program. Under the proposed rule,…

FHFA: Final Rule for New Enterprise Products and Activities Announced

The Federal Housing Finance Agency (FHFA) today published a final rule that requires Fannie Mae and Freddie Mac (the Enterprises) to provide advance notice to FHFA of new activities and obtain prior approval before launching new products. “The final rule clarifies how FHFA will conduct assessments of new activities and products proposed by the Enterprises,”…

Joint Release: Agencies Release Annual Asset-Size Thresholds Under Community Reinvestment Act Regulations

The Federal Reserve Board and the Federal Deposit Insurance Corporation today announced the 2023 updated asset-size thresholds used to define “small bank” and “intermediate small bank” under their Community Reinvestment Act (CRA) regulations.   Annual adjustments to these asset-size thresholds are based on the average change in the Consumer Price Index for Urban Wage Earners and…

CFPB: Agency Kicks Off Personal Financial Data Rights Rulemaking

Proposals under consideration would fuel market competition and strengthen consumer data rights Today, the Consumer Financial Protection Bureau (CFPB) outlined options to strengthen consumers’ access to, and control over, their financial data as a first step before issuing a proposed data rights rule that would implement section 1033 of the Dodd-Frank Act. Under the options…