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CFPB adds six new items to Fall 2022 rulemaking agenda, including overdraft fees, fees for insufficient funds, and credit card penalty fees | Ballard Spahr LLP

Strange bedfellows petition CFPB to adopt larger participant rule for personal loans | Ballard Spahr LLP

The Center for Responsible Lending (CRL) and the Consumer Bankers Association (CBA) have filed a joint petition with the CFPB that urges the Bureau to engage in rulemaking to define.

CFPB publishes Fall 2021 rulemaking agenda | Ballard Spahr LLP

Four judges dissent from Ninth Circuit denial of rehearing en banc in Seila Law; Seila Law asks Ninth Circuit to stay mandate pending filing of a cert petition | Ballard Spahr LLP

Litigation Reveals New Insights on CFPB Power to Sue Lenders and the Insurance Exemption (and a Refresher Course on Federal Civil Procedure!) (Libre, part 3) | Jenny Lee

To embed, copy and paste the code into your website or blog: Since the inception of the Consumer Financial Protection Bureau (CFPB or Bureau), much debate has occurred over a key threshold question: how should regulators or lawmakers decide that a novel product constitutes a “lending product”? Is the product at issue in the bailiwick of banking or insurance regulators? Not only has the question (“is it credit”?) been unfolding recently in regards to potential regulation of fintech providers and certain earned wage access products, this classification question also often arises with respect to brick-and-mortar outlets, point-of-sale transactions, or products that have otherwise been around for some time, e.g., rent-to-own or pension-advance services and structured settlements.

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