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CFPB: Withdrawn Guidance, Narrowed Enforcement, Open Banking

The Consumer Financial Protection Bureau (CFPB) has withdrawn a wide range of guidance documents and narrowed its enforcement priorities following an agency-wide review.

According to a notice in the Federal Register by Acting Director Russ Vought, the CFPB withdrew 67 policy statements, interpretive rules, advisory opinions, and other guidance documents. The decision follows a review that found many of these items may violate the Administrative Procedure Act (APA).

The withdrawn guidance spans several areas, including small business and mortgage lending, fair credit reporting, debt collection, and consumer complaints. Notable examples include:

  • Statement of Policy Regarding Prohibition on Abusive Acts or Practices, 88 FR 21883 (Apr. 12, 2023).
  • Consumer Information Requests to Large Banks and Credit Unions, 88 FR 71279 (Oct. 16, 2023).
  • Consumer Financial Protection Circular 2024-05: Improper Overdraft Opt-in Practices, 89 FR 8007 (Oct. 2, 2024).
  • Consumer Financial Protection Circular 2023-02: Reopening deposit accounts that consumers previously closed, 88 FR 33545 (May 24, 2023).
  • Bulletin 2022-06: Unfair Returned Deposited Item Fee Assessment Practices, 87 FR 66940 (Nov. 7, 2022).
  • Consumer Financial Protection Circular 2022-06: Unanticipated overdraft fee assessment practices, 87 FR 66935 (Nov. 7, 2022).

Potential Revisions to Open Banking Rules
Acting Director Vought also indicated the CFPB may revisit its final rule on Personal Financial Data Rights — also referred to as the “Open Banking” or “Section 1033” rule — originally finalized in October 2024.

For More Information

For more information, email Heather Line.

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