On February 6, 2025, the U.S. District Court of the Northern District of Illinois declined to issue a preliminary injunction to stop an Illinois “swipe fee” law that would ban certain credit and debit card fees from applying to credit unions while extending a previous preliminary injunction to apply to out-of-state banks. (See our previous coverage of this litigation here, here, and here). Continue Reading Illinois ‘Swipe Fee’ Law Faces Continued Pushback as Court Partially Extends Injunction

On January 23, 2025 the New York Department of Financial Services (NYDFS) announced proposed regulations to curb overdraft fees and insufficient funds fees charged by banks in New York. The proposed rules aim to protect consumers from what the NYDFS describes as “exploitative and deceptive banking fees.”Continue Reading New York Proposes Limits on Overdraft and NSF Fees

On January 10, 2025, the Maryland Office of Financial Regulation (OFR) issued guidance significantly expanding licensing requirements for assignees of residential mortgage loans in Maryland. The guidance stems from an April 2024 court ruling and raises important considerations for entities involved in the secondary mortgage market.Continue Reading Maryland Expands Licensing Requirements for Mortgage Loan Assignees

The Consumer Financial Protection Bureau (CFPB) released a comprehensive report today, outlining detailed recommendations to strengthen state-level consumer protection laws and address modern risks in consumer financial markets. The CFPB also provided a compendium of guidance documents summarizing its enforcement strategies and regulatory insights, designed to serve as a resource for state lawmakers and regulators.Continue Reading CFPB Proposes Roadmap For States to Continue Regulatory Activity

On January 14, 2025, the American Fintech Council (AFC) submitted a letter to the Ohio Department of Financial Institutions, urging it to re-examine its recent guidance on responsible bank partnerships and provide more clarity. The guidance, which outlines expectations for banks partnering with fintech companies, raised concerns among industry participants regarding its potential impact on innovation and competition in financial services.Continue Reading Trade Group Calls for Clarity on Ohio Fintech Guidance

On December 20, 2024, an Illinois federal court, in considering a motion for a preliminary injunction brought by the Illinois Bankers Association, American Bankers Association, and other trade groups, ruled that national banks and federal savings associations will not be subject to Illinois’ groundbreaking law that, starting on July 1, 2025, would forbid card issuers, payment card networks, acquirer banks and payment processors from charging retailers for swipe fees on gratuities and “any use and occupation tax or excise tax” imposed by the State or a local government. (See here and here for our previous discussions on the law).Continue Reading Banks Win Temporary Reprieve from Novel Illinois Swipe-Fee Law

In a September 26 settlement, the Massachusetts Attorney General’s office reached an agreement with a mortgage loan servicer to resolve allegations of violations of Massachusetts consumer protection laws and the Truth in Lending Act.Continue Reading Massachusetts AG Reaches Settlement with Loan Servicer Over Improper Debt Collection Practices

The banking industry’s efforts to challenge a new Illinois law banning interchange fees, also known as “swipe fees,” on tax and tip payments gained significant momentum when the OCC criticized the law as an “ill-conceived” threat to the “efficient and effective” operation of the banking system in an amicus brief filed in Illinois federal court on October 2. Continue Reading Swipe Fee Saga Continues: OCC and Trade Groups Clash with Illinois AG

On August 29, the DC Attorney General’s office announced settlements with four title insurance companies over their widespread use of illegal kickbacks in violation of DC’s Consumer Protection Procedures Act (CPPA). Under the terms of the settlement, the title insurance companies are required to pay a combined total of $3,290,000.Continue Reading DC Attorney General Settles with Title Insurance Companies Over Alleged Kickback Scheme

On August 2, New Hampshire passed House Bill 1243 (the “Bill”), which substantially amends its Motor Vehicle Retail Installment Sales Act (the “Act”). The Bill is effective as of August 2.Continue Reading New Hampshire Updates Motor Vehicle Retail Installment Act: What Lenders Need to Know