Category Archives: Consumer Financial Protection Bureau

CFP Act and Ratification post-Seila back at the Supreme Court

In March, I blogged about the Third Circuit’s decision in CFPB v. National Collegiate Master Student Loan Trust, a long-running enforcement action brought by the CFPB against investment trusts that were created for the purposes of acquiring and servicing student loans, seeking to enforce civil investigative demands. The trusts have now filed a petition for […]

American Banker’s Kate Berry story on the new attack on the CFPB’s funding

Here (behind paywall but available on Lexis). Here’s a quote from Georgetown’s Adam Levitin that appears in the article: “Delay is incredibly profitable to regulated firms seeking to avoid regulation,” Levitin said. “It really doesn’t matter that they’ll lose in the end. That can mean billions of dollars of additional revenue from practices that the […]

Fourth Circuit Addresses Applicability of TILA and RESPA to HELOCs

A home equity line of credit, or “HELOC,” is a loan product that allows a consumer to borrow money, using their equity in their home as collateral. William Lyons had taken out a HELOC from a predecessor to PNC Bank. Years later, PNC withdrew money from Lyons’ deposit account to offset outstanding payments on the […]

CFPB Releases Advisory Opinion and Report on Contract for Deed financing

Today, the CFPB released a report about a form of home seller financing called “contract-for-deed” financing, under which  the seller agrees to turn over a home’s deed only after the buyer completes a series of payments. The report found that such deals often involve inflated home prices, high interest rates, and balloon payments — and […]

Peterson & Ehrlich paper on RESPA, corrupt joint ventures, and mortgage settlement services

Christopher Lewis Peterson of Utah and Jeffrey Paul Ehrlich of St. Thomas University and McGuireWoods LLP have written Corrupt Joint Ventures in the Market for Residential Real-Estate-Settlement Services. Here’s the abstract: Closing costs in residential-real-estate sales have long acted as a significant barrier to American home ownership. In the Real Estate Settlement Procedures Act of 1974 […]

CFPB report: junk fees in online payment of school meals

One of the insidious sides of junk fees is that these charges tacked on to everyday goods and services are often hidden and mandatory. This is evident in the Consumer Financial Protection Bureau’s latest report, Costs of Electronic Payments in K-12 Schools, which describes the hidden fees in online processing systems that facilitate payment for […]

CFPB reports on fees charged by school lunch payment platforms

The Consumer Financial Protection Bureau has released a report on payment processing companies that help school districts process children’s school lunch payments. The CFPB explains: “These private companies process payments made by parents who may have limited or zero payment alternatives. With a captive customer base, these companies can have broad control over fees assessed […]

CFPB Addresses NDAs and Whistleblowers

Many financial services companies require their employees to enter into broad nondisclosure agreements. Today, the CFPB issued a circular to law enforcement agencies and regulators explaining that such agreements are unlawful to the extent they prevent employees from disclosing misconduct or cooperating with investigations. The circular is available here, and the CFPB’s press release is […]

CFPB proposes interpretive rule regarding “earned wage” loans

Today, the CFPB issued a report on the growth of “earned wage” cash advances , by which employers partner with third party companies to offer employees loans based on earned wages. The report found that, in addition to fees, these loans typically have an APR of 109.5%. Along with the report, the CFPB issued a […]