On July 8, 2025, the US Court of Appeals for the Eighth Circuit vacated the entirety of the Federal Trade Commission’s new Negative Option Rule – popularly known as the Click-to-Cancel Rule – just days before it was scheduled to take full effect. While the rule has been vacated, the FTC can still police unfair and deceptive subscription practices under existing statutory authority. Companies also must continue …
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CFPB Withdraws Guidance Documents in Shift From Nonbinding Policymaking
The Consumer Financial Protection Bureau (CFPB) withdrew nearly 70 interpretive rules, policy statements and advisory opinions as part of its shift away from “regulation by guidance.” The rescinded documents impact nearly all consumer protection laws, including the Fair Credit Reporting Act, the Truth in Lending Act, the Consumer Financial Protection Act’s prohibition on unfair, deceptive, or abusive acts or practices, and the Electronic Fund Transfer …
California DFPI Issues Annual Report Detailing Key Consumer Protection Accomplishments
On May 29, 2025, the California Department of Financial Protection and Innovation (DFPI) issued its annual report highlighting its activities and accomplishments in 2024 under the California Consumer Financial Protection Law (CCFPL). The DFPI reported that it issued regulations with new registration requirements for providers of earned wage access products, private postsecondary education financing, debt settlement services and student debt relief services – all of …
CFPB Announces Plan to Review Offenses Carrying Criminal Penalties
On June 27, 2025, the Consumer Financial Protection Bureau (CFPB) issued a policy statement that outlines its plan to address criminal regulatory offenses within its jurisdiction, as directed by the May 2025 Executive Order (EO) 14294. The CFPB notes that it will publish a report to include a list of “all criminal regulatory offenses enforceable by the Bureau or the Department of Justice,” along with …
Trump CFPB Asserts Narrower Role for State Enforcement of Federal Consumer Law
On May 15, 2025, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule that rescinded a Biden-era interpretive rule regarding the extent of states’ enforcement authority under Section 1042 of the Consumer Financial Protection Act (CFPA). While states may continue to bring actions to enforce provisions of the CFPA, the new interpretive rule suggests that states may not bring actions arising under any enumerated …
Executive Order Seeks to Eliminate Federal Deployment of Disparate Impact Theory of Discrimination
The Trump administration issued an executive order declaring that federal agencies are to discontinue use of disparate impact liability to administer antidiscrimination statutes. The executive order directs agencies to conduct a review of regulations and other guidance that contemplate disparate impact liability. Notably, the directive applies across the entire government – meaning that this order will significantly impact litigation, compliance and enforcement priorities for federal …
FDIC Rules Rollback Foretells More Pro-Industry Changes
Cooley lawyers Obrea Poindexter, Jasmine Banks and Elyse Moyer co-authored an article for Law360 about the Federal Deposit Insurance Corporation (FDIC) withdrawing proposed rules that were intended to reshape regulatory obligations related to corporate governance practices. Read the article (subscription required) and see this related Cooley alert.
FDIC: Banks Can Engage in Crypto-Related Activities Without Prior Notice
On March 28, 2025, the Federal Deposit Insurance Corporation (FDIC) rescinded guidance issued under the Biden administration that required supervised institutions to notify and await feedback from the FDIC prior to engaging in crypto-related activities. The FDIC’s change of course follows a similar reversal by the Office of the Comptroller of the Currency and aligns with the Trump administration’s efforts to reform federal cryptocurrency regulation. …
Slimmed-Down CFPB to Focus on Bank Oversight, Concrete Consumer Harm
On April 16, 2025, the Consumer Financial Protection Bureau (CFPB) sent an internal memorandum to CFPB staff describing its 2025 supervisory and enforcement priorities. The memo previewed a reduction in overall supervision and enforcement, but also a shift in focus toward depositories and on obtaining remediation for definable consumer losses. Contrary to the Biden CFPB’s focus on working with the states, the memo notes that …
Crypto Shake-Up: Narrowing Risks, From Securities Scrutiny to Consumer Claims
Crypto is now in Washington’s good graces – or at least that’s how it may seem. The return of the Trump administration has injected new energy into the crypto asset space, with sweeping rhetoric about “unleashing innovation” and a flurry of early moves that suggest a dramatically more hands-off regulatory approach. The president’s appointment of pro-crypto voices to key posts at the Securities and Exchange Commission …