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CFPB Proposed Rule Puts Non-Bank Consumer Contract Clauses Under Heightened Scrutiny

The Consumer Financial Protection Bureau (CFPB), the primary federal regulator charged with enforcing consumer financial protection laws, recently announced a proposed rulemaking that would require the myriad non-banks subject to CFPB authority to disclose various consumer contract provisions that the CFPB deems potentially harmful on a public registry. These provisions…

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U.S. Financial Regulators Propose Rule that Supervisory Guidance Does Not Equal Law

On October 20, 2020, a consortium of U.S. federal financial regulators (Regulators)[1], issued a proposed rule (Proposed Rule) that, if enacted, would codify that mere supervisory guidance that is not the product of notice and comment rulemaking—e.g., interagency statements, advisories, bulletins, policy statements, and FAQs—does not have the force of law.…

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European Banking Authority Outsourcing Guidelines: Time to Act

From September 30, 2019, new guidelines on outsourcing arrangements (Guidelines) issued by the European Banking Authority (EBA) will apply to all outsourcing arrangements entered into, reviewed or amended on or after this date. The Guidelines aim to establish a more harmonized framework for all financial institutions that are within the…

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