CFPB · Interpretive Rule FR Doc. 2025-08641 · Published

CFPB Rescinds 2022 Interpretive Rule on State Authority to Enforce the Consumer Financial Protection Act

The CFPB rescinds its May 2022 interpretive rule on the scope of State enforcement under section 1042 of the CFPA, and states that the section 1027 and 1029 limits apply to States and that concurrent State and Bureau actions against the same entity are not contemplated. The document imposes no new recordkeeping, reporting or disclosure requirements on lenders.

InformationalEffective May 15, 2025All checks passedRead the rule ↗ (opens in a new tab)

Loan impact

From the rule text · verified

Applies to: Applies to covered persons and service providers subject to State enforcement of the Consumer Financial Protection Act; no loan-level requirement changes.

Affected area
Enforcement
Exceptions
Does not affect States' authority under any separate provision of State or Federal law; Does not affect States' independent action when the Bureau has not initiated its own action
Effective
May 15, 2025
Applicability confidence
Verified: every row above is supported by the source text
Supporting quotes from the rule
  • exceptions“The Bureau emphasizes that, in rescinding the May 26, 2022, interpretive rule related to States’ authority under the CFPA, it is not altering, limiting, or affecting the authority of States to take any action authorized by any separate provision of State or Federal law.”
  • exceptions“This rescission does not affect States’ ability to undertake independent enforcement or regulatory action when the Bureau has not initiated its own action against an entity.”
  • affected areas“Because the most natural reading of the CFPA is that the limits in sections 1027 and 1029 apply to State enforcement under section 1042, the CFPB rescinds the portion of the May 26, 2022, interpretive rule that took the contrary (and incorrect) position.”

What changed

From the rule text
RequirementPreviouslyNow
Rescission of 2022 interpretive rule on State enforcement authority under CFPA section 1042RemovedPreviously: The 2022 interpretive rule concluded that the section 1027 and 1029 limits do not extend to States exercising enforcement authority under section 1042.The May 2022 interpretive rule is withdrawn; State authority under section 1042 is limited to enforcing the CFPA, subject to the section 1027 and 1029 limits, and parallel State and Bureau actions are not contemplated.

What to do

AWACS interpretation · not source language

What to review: First, note that no change here is mandatory: the May 2022 interpretive rule on State enforcement under section 1042 is withdrawn as of May 15, 2025, and the record imposes no new lender requirements, so compliance may simply read it to understand the section 1027 and 1029 limits as applied to States.

QC implications

  • No new lender requirement comes from this record, so QC has no new loan-level test to add.
  • If QC reviews licensing enforcement materials, it can check that they no longer rely on the withdrawn May 2022 interpretive rule.
  • The record leaves States' authority under separate State or Federal law unchanged, and also leaves unchanged their independent action when the Bureau has not started its own action, so QC should not treat those as affected.

Source and record

Version 1 · archived

Checks passed

  • Schema valid
  • Effective quotes verbatim
  • Document ID appears in the source
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  • Mandatory status is backed by requirement language
  • Mandatory entries have requirement language
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  • Source link resolves
  • Loan impact quotes verbatim
  • Loan impact vocabulary
  • Changes quoted
  • Impact type consistent
  • Every required change is backed by obligation language
  • Only new or tightened changes are marked required
  • Loan impact covers every required change
  • Quotes are complete sentences
  • Unflagged must
  • Diff complete
  • Mandatory date resolved
  • Audience verbatim
  • Scope residential
  • Out of scope
  • Published in window
  • Interpretation schema valid
  • Interpretation separate