On April 28, the U.S. Court of Appeals for the D.C. Circuit reinstated a district court order blocking the CFPB from conducting a large-scale reduction in force (previously discussed here). The decision reversed an earlier partial stay that had permitted limited layoffs based on a “particularized assessment.” Continue Reading D.C. Circuit Reinstates Injunction Blocking CFPB’s Mass Layoffs
On April 22, the Fourth Circuit declined to reconsider a panel ruling that found a credit union could not be held liable for a scam in which fraudsters diverted over $560,000 from a metal fabricator through unauthorized ACH transfers. The denial leaves intact a March 2025 decision overturning the district court’s earlier ruling in favor of the plaintiff.Continue Reading Fourth Circuit Rejects Rehearing in ACH Fraud Suit Alleging Violations of KYC Rules and NACHA Operating Standards
On April 11, the CFPB filed a joint motion in the U.S. District Court for the District of Columbia indicating its intent to revoke an advisory opinion on medical debt collection. The Bureau requested a stay of litigation while it moves to formally withdraw the opinion and committed to providing a status update by July 14 and every 30 days thereafter.Continue Reading CFPB to Revoke Medical Debt Collection Advisory Opinion
On April 3, the CFPB informed a Florida federal district court that it plans to initiate new rulemaking to revise its small business lending data collection rule under Section 1071 of the Dodd-Frank Act. The Bureau agreed to stay the rule’s compliance deadlines in response to ongoing litigation brought by a trade group representing providers of sales-based financing. Continue Reading CFPB Seeks to Reopen Small Business Lending Rule Under Section 1071
The CFPB is facing pushback from the U.S. Senate over two final rules issued under the Biden administration: one expanding oversight of nonbank digital payment providers and another limiting the reporting of medical debt. Both efforts invoke the Congressional Review Act (CRA), a legislative mechanism that allows Congress to roll back recently finalized federal regulations.Continue Reading GOP Senators Moving to Invoke the Congressional Review Act Over Biden-Era Rules
In an order issued in January and made public on February 24, a judge in the United States District Court for the Northern District of California granted class certification to consumers alleging a fintech lender’s loan transaction fees were imposed unlawfully, while also granting summary judgment to the lender on claims regarding performance fees due to insufficient evidence.Continue Reading Class Action Certified Against Fintech Lender for Home Improvement Loans
On February 26, the FDIC withdrew its amicus brief in the 10th Circuit Court of Appeals challenging Colorado’s 2023 opt-out law which aimed to restricting higher-cost online lending. The FDIC’s decision follows a shift in the agency’s leadership and marks a departure from the previous administration’s position supporting Colorado’s interpretation of the Depository Institutions Deregulation and Monetary Control Act (DIDMCA).Continue Reading FDIC Withdraws Support for Colorado’s Opt-Out Law Before Tenth Circuit
On February 14, a divided Second Circuit panel upheld a 2016 jury verdict which found that a mortgage lender violated, among other laws, the Equal Credit Opportunity Act (“ECOA”) by engaging in “reverse redlining” when it allegedly targeted Black and Latino homeowners with predatory loans.Continue Reading Second Circuit Upholds Reverse Redlining Verdict Against Mortgage Lender
On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC’s one-to-one consent rule (previously discussed here). Applying the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, the Eleventh Circuit ruled that the FCC exceeded its legal authority by enforcing additional consent restrictions not explicitly outlined in the Telephone Consumer Protection Act (TCPA).Continue Reading Eleventh Circuit Strikes Down One-to-One Consent Rule
On January 24, the FCC issued an order postponing the effective date of its one-to-one consent rule. The rule, which would have required companies to obtain individual consent for each marketing partner before sharing customer data, was originally slated to go into effect on January 27, 2025. However, the FCC’s order has put the rule on hold until at least January 26, 2026, unless a court ruling dictates an earlier implementation date.Continue Reading Delays Implementation of One-to-One Consent Rule
On December 18, the U.S. Court of Appeals for the Eleventh Circuit heard arguments in Insurance Marketing Coalition Limited (“IMC”) v. Federal Communications Commission, which was brought by the marketing trade association to challenge the FCC’s December 2023 one-to-one consent rule, which is slated to go into effect on January 27, 2025. Under the new rule promulgated under the Telephone Consumer Protection Act, the FCC has modified the definition of “express written consent” and seeks to require comparison shopping websites and other marketers to obtain a consumer’s prior written consent to receive calls and texts from one marketing partner at a time. Continue Reading Federal Court of Appeals Considers Challenge to FCC’s One-to-One Consent Rule