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Payday Lending Rule Slated to Take Effect, 7 Years Later

By A.J. Dhaliwal, Mehul Madia, Maxwell Earp-Thomas & Maeve O'Leary on June 21, 2024
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On June 14, the CFPB published a press release announcing that its 2017 Payday, Vehicle Title and Certain High-Cost Installment Loans Rule (“Payday Lending Rule”) will go into effect on or about March 30, 2025. According to the Bureau, the rule will target unfair and abusive practices in short-term installment lending and will aim to curb lenders’ efforts to repeatedly withdraw payments from a borrower’s bank account, even after knowing the borrower’s account was shown to have insufficient funds. The CFPB determined such debiting practices rarely benefited lenders and created negative consequences for borrowers such as overdraft and insufficient fund fees, or even account closures by their banks.

The Payday Lending Rule prohibits lenders from making more than two unsuccessful withdrawal attempts on a borrower’s account without borrower authorization. This “two-strikes” rule was slated to take effect in 2019. However, the regulation was met with substantial litigation culminating in the Supreme Court’s May 2024 opinion which upheld the constitutionality of the Bureau’s funding structure (previously discussed here). Following the High Court’s decision, the Supreme Court entered its judgement earlier this week, triggering the start of a 286-day countdown until the rule goes into effect.

While the Supreme Court’s decision seems to clear the way for the rule’s implementation, lenders and trade groups have indicated that their fight against the regulation will continue, with the possibility of additional litigation.

Putting it into Practice: Pending any future litigation, lenders will need to review and adjust their existing policies and procedures to comply with the rule. But the trade associations seem ready to go another round. We will continue to monitor the space for additional developments.

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.

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Photo of Mehul Madia Mehul Madia

Mehul Madia, special counsel in the firm’s Washington, D.C. office, provides deep consumer finance and fintech expertise to clients, leveraging more than 15 years’ of public and private sector experience.

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Photo of Maxwell Earp-Thomas Maxwell Earp-Thomas

Max is an associate in the Finance & Bankruptcy Practice Group in the firm’s Orange County office.

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Photo of Maeve O'Leary Maeve O'Leary

Maeve O’Leary is a summer associate in the firm’s Washington, D.C. office. 

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

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