On Friday, the U.S. Court of Appeals for the Fifth Circuit ordered the tolling of compliance deadlines for the Consumer Financial Protection Bureau’s (CFPB or Bureau) Small Business Lending Data Collection final rule under Section 1071 of the Dodd-Frank Act (the 1071 Rule). As we previously reported here, the CFPB had asked the appeals court for a pause last Monday to allow the new administration time to consider its position on the 1071 Rule.
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, 9 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).
The phrase “manic Monday” is getting a pretty good workout these days. Far from being a cute top 40 song from the ’80s, the ongoing drama at the Consumer Financial Protection Bureau (CFPB) has put a new spin on catching up with the weekend news.
Significant amendments to the Telephone Consumer Protection Act (TCPA) have taken effect, introducing stricter consent and revocation requirements for marketers for telephone marketing and text messages.
As of January, the Federal Communications Commission (FCC) mandated that businesses obtain explicit, individualized consent from consumers before sending telemarketing robocalls or texts, effectively closing the "lead generator loophole."
As we previously blogged about, Acting Director Scott Bessent circulated a message throughout the CFPB on February 3 directing “…all employees, contractors, and other personnel of the Bureau:
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