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June

11
2025
Industry News

States and Courts Fill In Regulatory Gaps as CFPB’s Future in Flux

The Consumer Financial Protection Bureau’s funding and foundations are hotly debated on Capitol Hill and in courtrooms.

As the agency itself has been walking back, or outright canceling, its own rulemaking, there’s a flurry of activity at the state level where lawmakers and attorneys general are, in effect, stepping in for the bureau, levying lawsuits and legislation that treads ground typically covered by the consumer-focused watchdog.

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June

11
2025
Industry News

Senate Banking Republican reconciliation bill would eliminate CFPB funding source

The Senate Banking, Housing and Affairs Committee (Banking Committee) would eliminate the CFPB’s current funding source, as part of Committee’s Republican version of its part of the massive budget reconciliation bill, according to legislative language released by the Banking Committee.

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June

10
2025
Industry News

CFPB Files Rulemaking Items With Office of Management and Budget

The CFPB recently made filings with the Office of Management and Budget (OMB) regarding the following rules:

  • Loan Originator Compensation Requirements Under the Truth in Lending Act (Regulation Z).
  • Discretionary Servicing Rules under the Real Estate Settlement Procedures Act (Regulation X).
  • Discretionary Mortgage Servicing Rules Under the Truth in Lending Act (Regulation Z).
  • Defining Larger Participants of the Consumer Debt Collection Market.
  • Defining Larger Participants of the Consumer Reporting Market 2025.
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June

10
2025
Industry News

COMMISSION GUTTED?: Rumors and Withdrawals Suggest FCC May Soon Be Unable To Act

So it is being reported by Communications Daily that FCC Republican Commissioner Nathan Simington is expected to either leave the agency or announce his imminent departure this week.

That’s fascinating and unexpected- at least by me. Simington has proven a good friend to business and one of the sharpest defenders of small business– at least when it comes to TCPA issues. And he was the anti-230 crusader (I thought, at least) and there is still a ton of work to be done with Big Tech.

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June

10
2025
Compliance

Is the ‘Clarified’ AAA Clause Registration Rule Clear Enough?

Effective May 1, 2025, the American Arbitration Association (“AAA”) amended its Consumer Arbitration Rules, including Rule 12 dealing with the registration of consumer arbitration clauses.  The AAA stated that its goal was to “clarify” the rules in order to maintain “fairness” and “transparency.”  Nevertheless, the recent Eleventh Circuit in its opinionMerritt Island Woodwerx, LLC v. Space Coast Credit Union raises the question whether Rule 12, as applied by the AAA in practice, has been clarified enough.

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