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Banking Compliance Regulation and Enforcement Update

The world of banking compliance is constantly changing, and bankers have an increasing amount of information to keep up with. This update includes CFPB's new consumer data rights rule, DOJ False Claims Act Enforcement, and American Bankers Association's letter to CFPB.
United States Community Reinvestment Department Of Justice Federal Reserve Financial Institutions Examination Council Consumer Financial Protection Bureau

CFPB Warns of Potential Overdraft Fees on APSN Transactions

CFPB clarified further through a Consumer Financial Protection Circular that the flag was thrown against Regions for simply allowing overdraft fees to be charged on APSN transactions, regardless of how the bankโ€™s overdraft methods were disclosed.
United States Consumer Financial Protection Bureau Deposit Insurance Corporation Supervisory Highlights Federal Reserve Board Consumer Compliance Supervision Bulletin

CFPB, FTC defend service members' right to sue under Military Lending Act

After a judge dismissed a lawsuit brought under the anti-predatory-lending law, the Consumer Financial Protection Bureau and the Federal Trade Commission are urging an appeals court to reverse the ruling. They argue that lenders have little incentive to comply with the 2006 law if the threat of being sued gets diminished.
United States Rohit Chopra Emmanuel Louis Rodolfo Ruiz Consumer Financial Protection Bureau Us Circuit Court

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CFPB asks Supreme Court to uphold constitutionality of its funding

The Consumer Financial Protection Bureau is challenging a recent appeals court decision that its funding through the Federal Reserve Board violates the separation of powers doctrine. That ruling "threatens to inflict immense legal and practical harms" on financial regulation, the CFPB says.
United States Rohit Chopra Elizabethb Prelogar Scott Purcell Elizabeth Warren Us Court

CFPB New Updated Rulemaking on Data Access and Portability

CFPB released an outline of proposed measures related to the Bureauโ€™s Dodd-Frank Section 1033 rulemaking efforts that would allow consumers the rights over their personal financial data. The outline discusses proposed regulations that would require covered data providers.
Bureau Dodd Frank Section Dodd Frank Section Into Practice Consumer Finance Todd Frank Ection 1033

CFPB Addresses Bank Junk Fees For Unexpected Overdrafts

CFPB issued guidance to help banks avoid charging illegal overdraft fees on consumer deposit accounts. In Circular 2022-06, Bureau stated that overdraft fees assessed by financial institutions on transactions a consumer would not reasonably anticipate likely violate CFPA.
Into Practice Consumer Financial Protection Bureau Ank Junk Fees Bank Overdraft Fees Epositor Fees Onsumer Deposit Accounts

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