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CFPB Regulatory Agenda

Continuing focus on fees

January 2023

KPMG Insights. The CPFB’s Fall 2022 Regulatory Agenda (which sets anticipated rulemaking timelines through Fall 2023) sets a sooner-than-anticipated target (now January 2023) for its final rule on small business lending data (i.e., Section 1071). When finalized, the rule will place this data under supervisory review and will require significant data collection, data quality, and regulatory reporting controls and testing as well as associated analytics on small business lending activity (similar to mortgage lending reporting under HMDA). The agenda also shows the Bureau’s continuing focus on fees with anticipated future rulemaking activity related to overdrafts, insufficient funds, and credit card penalties.

The Consumer Financial Protection Bureau (CFPB) released its most recent Regulatory Agenda (the Fall 2022 Regulatory Agenda) detailing planned final and proposed rulemakings as well as other relevant regulatory activity targeted for release during 2023. These releases include:

Title

Stage of Rulemaking

Expected Release

Related KPMG Regulatory Alert

Small business lending data (Section 1071)

Final rule

January 2023

N/A

Credit card penalty fees

Proposal

January 2023

N/A

Property Assessed Clean Energy (PACE) financing

Proposal

April 2023

N/A

Automated valuation models

Proposal

March 2023

N/A

Overdraft fees

Pre-Proposal

November 2023

Click here

Fair Credit Reporting Act

Pre-Proposal

November 2023

N/A

Insufficient funds fees

Pre-Proposal

November 2023

Click here

Personal Financial Data Rights (Section 1033)

SBREFA Report

February 2023

Click here


A proposed rule that would require nonbanks subject to certain enforcement actions to register with the CFPB is also included in the Regulatory Agenda but was previously released in December 2022.

The CFPB Fall 2022 Regulatory Agenda is available here.

Dive into our thinking:

CFPB Regulatory Agenda

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