On May 15, 2025, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule that rescinded a Biden-era interpretive rule regarding the extent of states’ enforcement authority under Section 1042 of the Consumer Financial Protection Act (CFPA).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 …
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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 …
Rhode Island Enacts New Financial Institutions Cybersecurity Law With Immediate Effect
More states are advancing prescriptive cybersecurity standards and requirements for financial institutions, many of which align with regulations from New York’s Department of Financial Services. Rhode Island’s legislature passed Senate Bill 603, effective immediately, which requires specific cybersecurity controls and notice to the Department of Business Regulation within three business days of determining a security event has occurred. North Dakota’s new law, House Bill 1127, …
CFPB Moves to Vacate Its Own Open Banking Rule, Citing Legal Deficiencies and Overreach
On May 30, the Consumer Financial Protection Bureau (CFPB) filed a motion to vacate its own open banking rule, arguing that the rule exceeds its authority under Section 1033 of the Dodd-Frank Act. The CFPB asserts that the rule exceeds its legal authority by requiring data sharing with authorized third parties, unlawfully prohibits data providers from charging fees, inadequately addresses consumer data and security risks, …
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 …
FDIC Withdraws Four Biden-Era Proposed Rules
The Federal Deposit Insurance Corporation (FDIC) board of directors approved the withdrawal of proposed rules relating to brokered deposits, corporate governance, the Change in Bank Control Act and incentive-based compensation arrangements. The proposals would have, among other things, expanded the definition of “brokered deposits,” augmented corporate governance responsibilities and increased oversight of certain bank investors. The withdrawal of the proposed rules signals the FDIC’s reevaluation …