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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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June

10
2025
Industry News

CFPB Signals Review of Mortgage Servicing and Larger Participant Rules

Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) submitted several regulatory proposals to the Office of Management and Budget (OMB) for review. Among the rules under consideration are those related to loan originator (LO) compensation and discretionary mortgage servicing, governed by the Truth in Lending Act (Regulation Z) and the Real Estate Settlement Procedures Act (Regulation X). Additionally, the CFPB is reviewing its “larger participant” rules, which define the scope of its supervisory authority over major players in the debt collection and consumer credit reporting sectors. These rules, currently in “prerule” status, are under scrutiny by the OMB.

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June

9
2025
Trends

Revolving Credit Jumped in April as Consumers Loaded Up on Card Debt

The paydowns earlier this year were temporary. And as the latest consumer credit data from the Federal Reserve on Friday (June 6) indicated, consumers turned to credit as a way to pay for goods and services, in an April rush that indicates they sped up purchases as tariffs took effect that same month.

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