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November

13
2025
Industry News

Section 1071 Redo: CFPB Proposes to Narrow Coverage, Data, and Timing

The Consumer Financial Protection Bureau (CFPB or Bureau) has issued a new proposed rule that would substantially revise the 2023 small business lending data collection and reporting rule under the Equal Credit Opportunity Act (ECOA) and Regulation B, which implements Section 1071 of the Dodd-Frank Act.

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November

13
2025
Industry News

CFPB’s Proposed Reg B Overhaul: Ending ECOA Disparate Impact, Narrowing Discouragement, and Reshaping SPCPs

The Consumer Financial Protection Bureau (CFPB or Bureau) has proposed an unprecedented, far‑reaching rewrite of Regulation B (Reg B) under the Equal Credit Opportunity Act (ECOA). If finalized, the proposed rule would eliminate disparate‑impact liability under ECOA, significantly narrow the scope of “discouragement” to focus on explicit statements directed at applicants or prospective applicants, and prohibit or tightly restrict the use of certain protected‑class criteria in Special Purpose Credit Programs (SPCPs) offered by for‑profit organizations. Existing SPCP‑originated credit would be grandfathered.

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November

13
2025
Industry News

Eleventh Circuit Refuses to Enforce Arbitration of TCPA and FTSA Claims

Not all online agreements are created equal, especially when it comes to enforceable arbitration clauses. In Valiente v. NexGen Global, LLC, 2025 WL 3140480 (11th Cir. Nov. 10, 2025), the Eleventh Circuit upheld the district court’s decision to decline enforcement of an arbitration clause contained within NexGen’s website terms and conditions, leaving it open to a potentially costly Telephone Consumer Protection Act (TCPA) and Florida Telephone Solicitation Act (FTSA) class action in federal court.

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November

12
2025
Compliance

Is It Time for an Audit Tune-Up? Why Your Vendor Oversight Program Needs a Checkup

A strong audit program is like a finely tuned engine. It may be running smoothly today, but without a regular checkup, hidden issues can go unnoticed — and small inefficiencies can grow into bigger risks. That’s why an annual review of your audit program isn’t just a good idea; it’s essential. It ensures compliance, mitigates risk, and keeps your third-party collection vendors performing as expected.

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November

12
2025
Compliance

North Carolina Expands Medical Debt Relief and Urges Credit Reporting Reform

North Carolina continues to make significant progress in addressing medical debt. On November 5, Governor Josh Stein hosted a roundtable discussion in Greensboro to highlight the success of the North Carolina Medical Debt Relief Program and to encourage national credit reporting agencies to strengthen their consumer protection practices.

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