August 2025

Consumer Financial Services Practice Digest

4 min

Upcoming Event

Beyond Deregulation: Addressing Current Marketing Compliance Risks

August 27, 2025 | Comply (PerformLine) Webinar

Venable partners Ellen Berge and Jonathan Pompan will be guest panelists on the Comply (PerformLine)-hosted webinar, "Beyond Deregulation: Addressing Current Marketing Compliance Risks." During this webinar, legal experts will unpack key federal and state developments, the rise in enforcement around recent consumer protection issues, and how proactive compliance can reduce risk and drive value. You'll get actionable insights on managing third-party risks, fueling innovation, and proving compliance ROI.

Legal and Regulatory Developments

CFPB Reviewing Automobile Financing Larger Participant Rule

The Consumer Financial Protection Bureau (CFPB) is inviting comment on whether the 2015 larger participant rule for automobile financing remains the right measure of market significance. Comments are due September 22, 2025.

CFPB Reviewing Consumer Reporting Larger Participant Rule

The Consumer Financial Protection Bureau is inviting comment on whether its 2012 "larger participant" rule for the consumer reporting market continues to capture the most significant market actors in light of industry consolidation and emerging data practices. Comments are due September 22, 2025.

CFPB Reviewing Debt Collection Larger Participant Rule

The Consumer Financial Protection Bureau is inviting comment on whether its "larger participant" rule for the consumer debt collection market, in place since 2012, should be updated to reflect changes in the market and supervision priorities. Comments are due September 22, 2025.

CFPB Reviewing International Money Transfer Larger Participant Rule

The Consumer Financial Protection Bureau is inviting comment on whether the 2014 larger participant rule for international money transfers should be revised to better reflect market conditions and supervisory priorities. Comments are due September 22, 2025.

Untangling Junk Fees and Surcharges: Navigating the Patchwork of Pricing Transparency Laws

With regulators, lawmakers, and consumers increasingly focused on pricing transparency, understanding the legal treatment of surcharges, "junk fees," and disclosure practices is more important than ever. Recent federal and state initiatives are redefining how companies can present pricing information, particularly in marketing, point-of-sale disclosures, and digital transactions.

Compliance as a Competitive Advantage

Recently, we presented on Compliance as a Competitive Advantage at Compliance University by Online Lenders Alliance. We shared a perspective we've developed over 20 years of working with financial services companies: that compliance, when done right, is not a drag on innovation or growth. Instead, it can be a differentiator—a strategic asset that builds value, trust, and resilience.

Judge Rejects President Trump's "At-Will" Firing of Democratic FTC Commissioner

A U.S. district judge in the District of Columbia held on July 17 that President Trump did not have statutory authority to remove FTC commissioner Rebecca Kelly Slaughter without cause. Judge Loren AliKhan held that President Trump's "at-will" removal of Slaughter was unlawful and granted a permanent injunction requiring the Trump administration to permit her return to the office without interference.

Congress Passes The GENIUS Act: Key Impacts for the Payments Industry and Financial Institutions

In a major step toward establishing regulatory clarity for digital assets, the House of Representatives passed the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act on Thursday, July 17, alongside two other digital asset-focused bills, the Digital Asset Market Clarity (CLARITY) Act and the Anti-CBDC Surveillance State Act.

Event in Review | Deregulation Nation: From Oversight to Opportunity

As the federal Consumer Financial Protection Bureau retreats from its traditional enforcement and supervision roles, financial services companies are entering a period of regulatory uncertainty — and heightened legal risk. But uncertainty doesn’t just bring exposure; it also creates opportunity.

Crypto in Focus: Legislative and Regulatory Shifts, Banking Access, and Legal Risk in 2025

As crypto companies deepen their integration into the financial system, they face a complex and rapidly evolving regulatory landscape. In this webinar, Andrew Bigart and Christopher Boone explored key legislative developments like the GENIUS Act and Clarity Act, the expanding role of the Commodity Futures Trading Commission (CFTC), and enforcement trends shaping compliance expectations.

Why Fintechs Can't Always Skip the State Licensing Maze for Earned Wage Access

Earned Wage Access (EWA) lets employees access wages they've already earned, but haven't yet been paid, typically through an app or digital service. For workers, this can mean avoiding payday loans or overdraft fees. For fintechs, it's a rapidly growing market. But behind the sleek and convenient consumer interface is a maze of evolving state laws—and partnering with a bank doesn't mean you can skip it.

CFPB Withdraws Guidance Documents: A Shift Toward Regulatory Restraint

The Consumer Financial Protection Bureau is taking a red pen to its own playbook. In a sweeping move that signals a recalibration of its regulatory posture, the CFPB has announced the withdrawal of 67 guidance documents, including interpretive rules, policy statements, and advisory opinions.