Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

CFPB: TILA Does Not Preempt State Commercial Financial Disclosures

By Moorari Shah, A.J. Dhaliwal & Scott Natsuhara on April 10, 2023
Email this postTweet this postLike this postShare this post on LinkedIn
Consumer-Finance-and-Fintech-Blog-Image-Fintech1-660x283

On March 28, the CFPB issued a preemption determination that that TILA does not preempt commercial lending disclosure regulations enacted in California, New York, Utah, and Virginia (we discussed state commercial financing disclosure laws in previous posts here, here, and here). After analyzing public comments on its preliminary determination about whether New York’s commercial financing disclosure law is not preempted by TILA, the CFPB reiterated there is no preemption because the states’ statute require lenders to include disclosures in their commercial financing transactions with businesses, and commercial financing transactions are not covered by TILA.

The CFPB narrowly construed TILA purposes and ruled that preemption only exists when there is an inconsistency between state and federal law. According to the CFPB, states have “broad authority” to legislate additional protections and this supports this narrow interpretation. CFPB also considered regulations on commercial financing transactions to be outside the scope of TILA. 

Putting It Into Practice: The CFPB’s latest determination will likewise apply to commercial finance disclosure bills introduced recently in Connecticut, Florida, Georgia, Illinois, Kansas, Maryland, Mississippi, Missouri, New Jersey, Texas, and North Carolina.

Photo of Moorari Shah Moorari Shah

Moorari Shah is a partner in the Finance and Bankruptcy Practice Group in the firm’s Los Angeles and San Francisco offices.

Read more about Moorari ShahEmail
Photo of A.J. Dhaliwal A.J. Dhaliwal

A.J. is a partner in the Finance and Bankruptcy Practice Group in the firm’s Washington, D.C. office.

Read more about A.J. DhaliwalEmail
Photo of Scott Natsuhara Scott Natsuhara

Scott Natsuhara is an associate in the Finance and Bankruptcy Practice Group in the firm’s Los Angeles office.

Read more about Scott NatsuharaEmail
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Consumer Finance and Fintech Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo