On April 9, the Federal Reserve Bank of Kansas City published a research briefing examining how video game platforms are reshaping the digital payments landscape. As in-game purchases and platform-based transactions grow in volume and complexity, these developments are raising new regulatory concerns for both federal and state banking regulators.Continue Reading Kansas City Federal Reserve Bank Explores Regulatory Risks in Gaming Ecosystems
On April 14, New York Attorney General Letitia James announced two separate lawsuits against earned wage access providers—one against a company that issues advances directly to consumers, and another targeting a provider that operates through employer partnerships. Both actions allege that the companies engaged in illegal payday lending schemes, charging fees and tips that resulted in annual percentage rates (APRs) far in excess of New York’s civil and criminal usury caps.Continue Reading New York AG Sues Earned Wage Access Companies for Allegedly Unlawful Lending Practices
On April 7, the FCC issued an order staying the effective date of a key provision in its Telephone Consumer Protection Act (TCPA) rules. The provision—originally set to take effect on April 11, 2025—would have required that a consumer’s revocation of consent apply broadly to all robocalls and robotexts from a sender, not just the type of message that prompted the opt-out.Continue Reading FCC Issues One Year Waiver for Consent Revocation Rule
Utah and Arkansas have enacted new legislation governing earned wage access (EWA) services, establishing state-level registration obligations and consumer protection standards. Both laws clarify that EWA services are not loans under state law if certain conditions are met, including limitations on fees, debt collection, and credit reporting.Continue Reading Utah and Arkansas Enact Earned Wage Access Regulations
The Federal Housing Finance Agency (FHFA) has taken two significant deregulatory steps affecting its oversight of the government-sponsored enterprises, Fannie Mae and Freddie Mac (GSEs). The agency rescinded a 2024 advisory bulletin asserting its authority to regulate unfair or deceptive acts or practices (UDAP) by Fannie Mae and Freddie Mac. Additionally, the FHFA withdrew renter protection requirements—previously scheduled to take effect on May 31—for multifamily loans made through Special Purpose Credit Programs (SPCPs) backed by the GSEs.Continue Reading FHFA Rescinds UDAP Oversight Bulletin and SPCP-Based Renter Protections
On January 17, the Pennsylvania Attorney General filed a civil enforcement action in the U.S. District Court for the Eastern District of Pennsylvania against a group of mortgage brokers and their manager, alleging that they operated an unlawful referral scheme in violation of the Real Estate Settlement Procedures Act (RESPA), the Consumer Financial Protection Act (CFPA), and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.Continue Reading Pennsylvania AG Alleges Mortgage Brokers Engaged in Illegal Referral Scheme
The CFPB is extending the comment periods for two proposed rulemakings under Regulation V, which implements the Fair Credit Reporting Act (FCRA). On March 5, the Bureau extended the comment period for its proposed rule on data brokers and consumer reports. Similarly, on March 7, the CFPB announced an extension for its Advance Notice of Proposed Rulemaking (ANPR) on identity theft and coerced debt.Continue Reading CFPB Extends Comment Periods for Two Proposed Regulation V Rules
On February 20, a judge for the U.S. District Court for the Central District of California granted the FTC a preliminary injunction against a small business financing company. Continue Reading FTC Granted Injunction in Small Business Lending Case
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
On February 25, a federal judge in the United District Court for the Eastern District of Kentucky approved a joint motion between the CFPB and banking trade groups to pause litigation over the agency’s 1033 open banking rule. The lawsuit challenges the CFPB’s rule requiring banks to allow consumers to share deposit and credit card account information with third-party fintech providers.Continue Reading Federal Court Pauses Open Banking Rule Litigation
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