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 Commercial Lending

Federal judge delays Section 1071 compliance dates; temporary relief applies only to ABA, TBA members

July 31, 2023
Reading Time: 2 mins read
CFPB to hold technical implementation meetings on 1071 reporting

A federal judge in Texas today issued an order blocking enforcement of the Consumer Financial Protection Bureau’s Section 1071 final rule while the Supreme Court hears a challenge to the constitutionality of the CFPB’s funding structure. The injunction came at the request of the American Bankers Association, the Texas Bankers Association and McAllen, Texas-based Rio Bank in litigation brought challenging the Section 1071 rule.

While the judge granted ABA and TBA’s request for an injunction, the judge did not accept ABA’s and TBA’s request for the injunction to apply to all lenders covered by the rule but chose to provide relief only to TBA and ABA member banks across the country.

The relief applies while the Supreme Court hears the constitutional challenge to the CFPB in CFPB v. Community Financial Services Association of America, which is scheduled to be argued in October and whose decision could be released any time before the end of June 2024, at which point new compliance deadlines would be issued for ABA and TBA members. “Defendants are ordered to extend Plaintiffs and their members’ deadlines for compliance with the requirements of the Final Rule to compensate for the period stayed,” the judge’s order said. The ruling would thus allow ABA and TBA members to limit Section 1071 implementation costs until the question of the CFPB’s constitutionality is resolved.

“We believe the injunction is a recognition of the complexity of the 1071 final rule and the significant costs and burdens it places on our members, particularly community banks, which provide much of the country’s small business lending,” ABA, TBA and Rio Bank said in a statement. “While we sought an injunction covering all institutions covered by the rulemaking, this ruling spares TBA and ABA members across the country from being forced to incur unrecoverable expenses while the Supreme Court is considering whether the CFPB has the authority to promulgate the 1071 final rule at all.”

TBA and Rio Bank filed their lawsuit in April, and ABA joined the lawsuit the next month. While the plaintiffs have expressed support for the goals of Section 1071, the lawsuit argues that the CFPB took a statute requiring just 13 data points to be collected and added more than 80 data points, failing to properly account for the costs and benefits of the bureau’s vastly expanded requirements. TBA, ABA and Rio Bank also argued the final rule should be vacated because CFPB is unconstitutionally funded, based on the Fifth Circuit ruling currently being appealed to the Supreme Court.

Tags: Regulatory burdenSection 1071Small business lending
ShareTweetPin

Related Posts

Fed releases agenda for upcoming conference on large bank capital requirements

Fed seeks public input on potential changes to its check services

Newsbytes
December 4, 2025

The Federal Reserve is seeking public input on potential changes to the check services it provides to banks and credit unions, although support for the request is not unanimous among Fed board members. Also, the Fed announced 2026...

CISA releases cybersecurity goals for IT sector

G7 paper seeks to align financial sector cyber incident responses across borders

Compliance and Risk
December 4, 2025

A G7 working group released a set of nonbinding principles to align cyber incident response and recovery approaches for the financial sector among its member nations.

Proposed bill would block large ransomware payments by financial institutions

FinCEN analysis shows scope of ransomware problem

Compliance and Risk
December 4, 2025

A new analysis of Bank Secrecy Act reports found that more than $2.1 billion in ransomware payments were made over a three-year period starting in 2022, according to FinCEN.

Mortgage rates fall

Mortgage rates decline

Economy
December 4, 2025

The rate for a 30-year fixed-rate mortgage was 6.19% this week. The rate for a 15-year fixed-rate mortgage was 5.44%.

New orders for durable goods rise in March

New orders for manufactured goods increased in September

Economy
December 4, 2025

New orders for manufactured goods in September, up two consecutive months, increased $1.2 billion or 0.2% to $612.6 billion, the U.S. Census Bureau reported.

iStock.com/PeopleImages

Community banks’ strategic goals and planning

Community Banking
December 4, 2025

Big challenges, big goals and the tools community banks need to tackle them in 2025.

NEWSBYTES

Fed seeks public input on potential changes to its check services

December 4, 2025

G7 paper seeks to align financial sector cyber incident responses across borders

December 4, 2025

FinCEN analysis shows scope of ransomware problem

December 4, 2025

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: The outlook for tech-forward community banking

December 4, 2025

Podcast: The Erie Canal at 200

November 6, 2025

Podcast: Why branches are top priority for PNC

October 23, 2025

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

© 2025 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

© 2025 American Bankers Association. All rights reserved.