ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

Fifth Circuit Extends Stay of Compliance Date of 2017 Payday Rule

October 18, 2021
Reading Time: 1 min read

A federal appellate court last week extended the compliance date of the CFPB’s 2017 payday rule until 286 days after resolution of an appeal involving that rule. The order by a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit effectively reversed the district court’s decision to set the compliance date for June 13, 2022. If the Fifth Circuit’s order is not reversed, the compliance date of the 2017 rule will not take effect until the payday lenders’ challenge to the 2017 rule is heard by the Fifth Circuit.

When issued in 2017, the rule included prescriptive underwriting provisions and payment provisions, but it now includes only the payment provisions, after the CFPB rescinded the rule’s underwriting provisions in 2020. The payment provisions prohibit lenders, including banks, from making a new attempt to withdraw funds from an account after two consecutive failed attempts without consumer consent. Those provisions exempt attempted transfers by institutions that hold the borrower’s account and do not charge an insufficient funds or overdraft fee for the attempted withdrawal.

The appellate court’s order does not alter the complete exemption in the rule for banks and other depository institutions that made 2,500 or fewer small-dollar loans in each of the current and previous years and for which these loans account for no more than 10% of revenues. The American Bankers Association advocated for this provision to protect banks’ flexibility to serve their customers’ small dollar credit needs.

The CFPB may seek en banc review of Fifth Circuit’s order, a review by all non-recused active judges of the Fifth Circuit. If a majority of the en banc court agrees to review the order, that process will take several months or longer.

Tags: Payday lendingSmall-dollar credit
ShareTweetPin

Related Posts

Senators reintroduce bill to ‘claw back’ bank executive pay

Senators reintroduce bill to ‘claw back’ bank executive pay

Human Resources
March 11, 2026

A bipartisan group of 14 senators has reintroduced legislation to require the FDIC to “claw back” bank executive pay following a large bank failure.

OCC sees need for regulatory reform in bank merger process

Bradford National buys State Bank of St. Jacob in Illinois

Community Banking
March 11, 2026

Bradford National Bank in Greenville, Illinois, has completed its acquisition of State Bank of St. Jacob in St. Jacob, Illinois.

Treasury Department seeks comment on AI use in financial services

ABA, BPI urge adoption of voluntary guidance for agentic AI use

Compliance and Risk
March 11, 2026

ABA and Bank Policy Institute urged the National Institute for Standards and Technology to focus on developing voluntary and technology-neutral guidance for how businesses and other organizations can safely deploy agentic artificial intelligence. 

ABA survey: Consumers rank banks above other industries for fraud protection

ABA survey: Consumers rank banks above other industries for fraud protection

Compliance and Risk
March 11, 2026

U.S. adults overwhelmingly trust banks more than any other entity to protect them from fraud, according to a new survey conducted by Morning Consult on behalf of ABA.

FDIC’s Hill outlines policy proposals on stablecoin insurance, bank failures

FDIC’s Hill outlines policy proposals on stablecoin insurance, bank failures

Compliance and Risk
March 11, 2026

In coming months, the FDIC will seek to clarify that payment stablecoins are not eligible for FDIC pass-through insurance, end restrictions preventing nonbanks from purchasing failed banks, and pursue several changes to its supervision programs, agency Chairman Travis...

Gould: OCC seeking banker input on Genius Act implementation

Gould: OCC seeking banker input on Genius Act implementation

Newsbytes
March 11, 2026

As the OCC crafts regulation to implement the Genius Act, it is seeking input from bankers and others on what form that regulation should take, Comptroller Jonathan Gould said at the ABA Washington Summit.

NEWSBYTES

Senators reintroduce bill to ‘claw back’ bank executive pay

March 11, 2026

Bradford National buys State Bank of St. Jacob in Illinois

March 11, 2026

ABA, BPI urge adoption of voluntary guidance for agentic AI use

March 11, 2026

SPONSORED CONTENT

How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026
How Instant Payments Can Accelerate B2B Payments Modernization

How Instant Payments Can Accelerate B2B Payments Modernization

February 3, 2026
Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

February 1, 2026

PODCASTS

Podcast: How the SCAM Act would encourage platforms to go after scammers

February 4, 2026

A new kind of ‘community bank’ for small businesses

January 22, 2026

Podcast: A Lone Star banking perspective

January 15, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.