The Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC) and National Credit Union Administration (NCUA) recently jointly issued guidance reminding supervised financial institutions of their existing credit risk management obligations to borrowers who are not legally authorized to work in the United States (non-work-authorized borrowers). The guidance follows a recent White House executive order directing financial regulators to address risks “posed …
CFPB Rescinds Advisory Opinion on Special Purpose Credit Programs
On June 17, the Consumer Financial Protection Bureau (CFPB) rescinded its 2020 advisory opinion “Equal Credit Opportunity (Regulation B); Special Purpose Credit Program,” which addressed regulatory uncertainty regarding the application of the Equal Credit Opportunity Act’s Regulation B to certain aspects of special purpose credit programs (SPCPs) “designed by for-profit organizations to meet special social needs.” The advisory opinion had clarified the content a for-profit …
Spotlight on CFPB’s Recent Statement on Ability to Pay and Immigration Status
The Consumer Financial Protection Bureau (CFPB) issued a statement reminding creditors that assessing a consumer’s ability to pay debt obligations under the Truth in Lending Act (TILA) may warrant or require consideration of immigration status when relying on an individual’s employment income. The statement follows a recent White House executive order designed to mitigate risks to the financial system “posed by the extension of credit …
CFPB Finalizes Narrower Version of Section 1071 Small Business Lending Rule
The Consumer Financial Protection Bureau (CFPB) finalized its long‑awaited rule implementing Section 1071 of the Dodd‑Frank Act, a rulemaking designed to address funding gaps facing women-owned, minority-owned and small businesses by requiring data collection and reporting on loan applications. Although the final rule is significantly narrower than the final rule published during the Biden administration (2023 rule), it nonetheless establishes a federal data collection and …
Fannie Mae Issues AI/ML Governance Framework for Sellers and Servicers
Fannie Mae recently issued Lender Letter LL-2026-04 (Fannie Mae letter), which sets forth a governance framework for Fannie Mae single-family sellers and servicers using artificial intelligence and machine learning (AI/ML) in their origination and servicing practices. The requirements will take effect on August 6, 2026. The Fannie Mae letter builds upon prior Freddie Mac updates to its Seller/Servicer Guide on the same topic (Freddie Mac …
New York Leads the Way on Buy Now, Pay Later Regulation
New York has taken a significant step toward comprehensive regulation of buy now, pay later (BNPL) by requiring licensure and disclosures designed for credit cards, even though BNPL transactions are closed end. The New York Department of Financial Services (NYDFS) recently published proposed rules to implement legislation that establishes a licensing and supervision framework for entities that provide BNPL services. The first-of-its-kind legislation, signed by Gov. …
BNPL Market Remains Strong, Per CFPB Report
The Consumer Financial Protection Bureau (CFPB) released a data spotlight on the buy now, pay later (BNPL) market. Using data about the BNPL market for the years 2022 and 2023 from six large BNPL providers, the report describes trends and figures in BNPL market growth, borrower usage, late fees and charge‑offs. While there are different versions of the BNPL product, the report focuses on four-installment, …
State Attorneys General Step Up Oversight of BNPL Programs
A coalition of seven attorneys general recently requested information from six buy now, pay later (BNPL) providers to evaluate their BNPL programs and whether they comply with consumer protection laws. The coalition is comprised of attorneys general from California, Colorado, Connecticut, Illinois, Minnesota, North Carolina and Wisconsin, with Connecticut and North Carolina leading the inquiry. Company responses are due by December 31. The inquiry follows …