Note: This Bulletin was replaced by ACH Operations Bulletin #1-2014: Questionable ACH Debit Origination: Roles and Responsibilities of ODFIs and RDFIs (Sept. 30, 2014).
Primary Sources
This is an amicus brief submitted by the CFPB and FTC in support of the plaintiffs in Glover v. Ocwen Loan Servicing, LLC before the Eleventh Circuit , filed February 27, 2024. The brief argues in support of an FDCPA § 1692f(1) violation where debt collectors charge a fee on top of the consumer's payment to the collector (pay-to-pay fees) since the fees are not authorized by contract or law. The FDCPA violation does not apply only to fees incidental to the debt.
Section 307 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) directs the Consumer Financial Protection Bureau (CFPB or Bureau) to prescribe ability-to-repay rules for Property Assessed Clean Energy (PACE) financing and to apply the civil liability provisions of the Truth in Lending Act (TILA) for violations. PACE financing is financing to cover the costs of home improvements that results in a tax assessment on the real property of the consumer.
The Paperwork Reduction Act (PRA) authorization regarding the revised Policy on No-Action Letters and the Policy on the Compliance Assistance Sandbox (Policies) expires, and accordingly those Policies are no longer effective, as of September 30, 2022.
In 2023, the Commissioner issued an opinion letter to SoLo Funds. The letter “takes the position that the identification of tip and donation amounts to lenders and parties such as SoLo prior to consumers being offered and receiving a loan via a platform such as the SoLo platform causes such tip and donation amounts to be ‘incident to or a condition of the extension of credit,’ therefore constituting ‘finance charges’ that must be included in the calculation of the loan’s APR pursuant to” Connecticut’s lending law.
This is a January 2, 2024, CFPB amicus brief before the First Circuit arguing that FDCPA Section 1692e’s prohibition on false, deceptive, or misleading representations is not limited to intentional or knowing representations.
Declaratory Ruling - FCC 24-17/CG Docket No. 23-362
Second Report and Order, Second Further Notice of Proposed Rulemaking in CG Docket Nos. 02-278 and 21-402, and Waiver Order in CG Docket No. 17-59 - FCC 23-107/CG Docket Nos. 21-402/02-278/17-59
Report and Order and Further Notice of Proposed Rulemaking - FCC 23-21/CG Docket Nos. 21-402 & 02-278
Report and Order and Further Notice of Proposed Rulemaking - FCC 24-24/CG Docket No. 02-278