On March 5, 2024, the Consumer Financial Protection Bureau (CFPB) finalized a rule intended to limit late payment fees on credit cards issued by the largest credit card issuers. The
Continue Reading CFPB Unveils Final Rule Banning ‘Excessive’ Credit Card Late FeesTessa Cierny
Tessa Cierny advises companies on financial technology and data privacy issues. She has experience counseling companies on state and federal regulatory compliance, including existing and emerging privacy laws, such as the E.U.’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as well as financial and banking regulations, such as the CFPB’s Section 1071 Small Business Lending Rule (Regulation B). In addition, she assists clients in defending business disputes and data breach litigation.
Prior to joining Greenberg Traurig, she served as global records manager for WestRock, where she developed and implemented email and data retention policies for global data privacy regulation compliance. In this role, she also advised on data privacy concerns related to data retention, data loss prevention, and data governance.
CFPB Issues Proposed Rule to Stop ‘Junk Fees’ on Bank Accounts
On Jan. 24, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would, if finalized in its present form, prohibit financial institutions from charging non-sufficient funds (NSF)…
Continue Reading CFPB Issues Proposed Rule to Stop ‘Junk Fees’ on Bank AccountsMontana Attorney General Confirms Certain Earned Wage Access Products Are Not Loans
On Dec. 22, 2023, Montana Attorney General Austin Knudsen issued an opinion clarifying that certain Earned Wage Access products are not loans under either the Montana Consumer Loan Act or the Montana Deferred Deposit Loan Act.
Continue Reading Montana Attorney General Confirms Certain Earned Wage Access Products Are Not Loans
CFPB Unveils Plan to Supervise Big Tech Digital Wallet and Payment App Providers
On Nov. 7, 2023, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would, if finalized in its present form, establish the CFPB’s supervisory authority over certain “larger…
Continue Reading CFPB Unveils Plan to Supervise Big Tech Digital Wallet and Payment App ProvidersCFPB Issues ‘Fast Facts’ for Proposed Personal Financial Data Rights Rule
On Nov. 1, 2023, the Consumer Financial Protection Bureau (CFPB) issued a high-level overview of the topics covered in its proposed Personal Financial Data Rights rule: Fast Facts: Personal Financial…
Continue Reading CFPB Issues ‘Fast Facts’ for Proposed Personal Financial Data Rights RuleCourt Issues Nationwide Stay of CFPB’s Section 1071 Small Business Lending Rule
On Oct. 26, 2023, the U.S. District Court for the Southern District of Texas issued a nationwide injunction prohibiting the Consumer Financial Protection Bureau (CFPB) from implementing or enforcing its…
Continue Reading Court Issues Nationwide Stay of CFPB’s Section 1071 Small Business Lending RuleFed Issues Proposed Rule Lowering Regulation II’s Debit Interchange Cap
On Oct. 25, 2023, the Fed proposed a rule to lower the interchange fee cap in Regulation II, which is largely applicable to debit card issuers with at least $10…
Continue Reading Fed Issues Proposed Rule Lowering Regulation II’s Debit Interchange CapCFPB Issues Proposed ‘Personal Financial Data Rights’ Rule
On Oct. 19, 2023, the CFPB released a proposed rule that, if finalized in its present form, would require covered financial institutions to provide consumers and authorized third parties with…
Continue Reading CFPB Issues Proposed ‘Personal Financial Data Rights’ RuleSupreme Court Hears Oral Argument on Constitutionality of CFPB’s Funding
On Oct. 3, 2023, the U.S. Supreme Court heard oral arguments in Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA) (Docket No. 22-448), a case that raises the question of whether the CFPB’s funding structure, by which it receives funding directly from the Federal Reserve rather than via a congressional appropriation, violates the U.S. Constitution’s Appropriations Clause and, if so, what the appropriate remedy should be.
Continue Reading Supreme Court Hears Oral Argument on Constitutionality of CFPB’s Funding
California Bans Hidden Fees, Effective July 1, 2024
On Oct. 7, 2023, California Governor Gavin Newsom signed SB 478 into law. When it becomes effective July 1, 2024, the law will amend the CLRA to generally ban so-called…
Continue Reading California Bans Hidden Fees, Effective July 1, 2024