Back to top
Join us on LinkedIn Follow us on Twitter Like us on Facebook Follow us on Instagram
 
  OCTOBER RESEARCH STORE Already a subscriber? LOG IN
AddControlToContainer_DynamicNavigation5

This Week in Washington

Representative introduces ‘GUIDANCE Act’ to restore CFPB protections

Email A Friend Printer Friendly Version
0 comments
This Week in Washington
Monday, May 25, 2026

Rep. Maxine Waters (D-Calif.), ranking member of the House Financial Services Committee, issued the following statement announcing a long list of Congressional Review Act (CRA) resolutions introduced by the committee to restore critical Consumer Financial Protection Bureau (CFPB) guidance designed to protect consumers that were rescinded by CFPB acting Director Russell Vought:

“At a time when Americans are already being squeezed by high costs and financial uncertainty, the Trump administration is working overtime to dismantle the [CFPB], which Congress created to protect people from fraud, scams, junk fees, discrimination and abusive financial practices,” Waters said in a release. “It is troubling that [Vought] rescinded a variety of guidance to give big banks, debt collectors and predatory financial companies even more freedom to take advantage of consumers without accountability.

“Consumer protections were put into law for a reason. They help protect servicemembers from financial exploitation, prevent medical debt from destroying families’ credit, and crack down on unfair overdraft fees and other junk charges that drain billions of dollars from hardworking Americans every year,” Waters continued. “House Democrats will not stand by while Republicans and the Trump administration try to gut consumer protections and undermine the CFPB’s mission. That is why we worked with our colleagues in the Senate to introduce legislation to restore key guidance documents to ensure financial institutions follow the law and treat consumers fairly.”

Waters commended Sen. Elizabeth Warren (D-Mass.), ranking member of the Senate Banking Committee, and other committee members for “forcing a floor debate” on the matters.

“I urge House Republicans to follow the Senate and take up these measures without delay. It is past time that they stop siding with Wall Street and predatory lenders and instead work with Democrats to advance legislation that helps the American people,” Waters concluded.

Waters introduced H.R. 8777, the “Guidance Upholding Integrity through Defending Americans’ National Consumer Enforcement (GUIDANCE) Act,” which includes 23 bills that were introduced by House Committee Democratic Members.

The bills include the following:

  • H.J.Res. 170 (Waters)would restore the CFPB’s interpretative rule clarifying that the Fair Credit Reporting Act (FCRA) narrowly preempts state laws and preserves broad state authority to regulate consumer reporting, including with respect to medical debt. The Senate companion bill is S.J.Res. 129 (Sen. Catherine Cortez Masto, D-Nev.).
  • H.J.Res. 179 (Waters) would restore CFPB Circular 2022 04, which warns that inadequate data security practices may constitute an unfair act or practice under the Consumer Financial Protection Act (CFPA). The Senate companion bill is S.J.Res. 164 (Sen. Jacky Rosen, D-Nev.).
  • H.J.Res. 178 (Rep. Vicente Gonzalez, D-Texas) would restore the CFPB’s interpretative rule confirming its authority to examine financial institutions for conduct posing risks to active duty servicemembers and their dependents under the Military Lending Act. The Senate companion bill is S.J.Res. 132 (Sen. Jack Reed, D-R.I.).
  • H.J.Res. 167 (Rep. Ayanna Pressley, D-Mass.) would restore the CFPB’s advisory opinion on deceptive or unfair medical debt collection practices under the Fair Debt Collection Practices Act (FDCPA) and Regulation F. The Senate companion bill is S.J.Res. 141 (Sen. Raphael Warnock, D-Ga.).
  • H.J.Res. 169 (Rep. Nydia Velázquez, D-N.Y.) would restore CFPB Circular 2024 05 stating that institutions must not charge overdraft fees on ATM and one time debit card transactions if consumers did not opt-in for that service. The Senate companion bill is S.J.Res. 130 (Sen. Chris Van Hollen, D-Md.).
  • H.J.Res. 160 (Rep. Al Green, D-Texas) would restore CFPB Circular 2024 04 clarifying that overly broad confidentiality agreements may violate whistleblower protections under CFPA Section 1057. The Senate companion bill is S.J.Res. 135 (Sen. Mark Warner, D-Va.).
  • H.J.Res. 161 (Rep. Joyce Beatty, D-Ohio) would restore CFPB Bulletin 2012 04 on preventing unlawful lending discrimination under Equal Credit Opportunity Act (ECOA) and Regulation B. The Senate companion bill is S.J.Res. 157 (Sen. Peter Welch, D-Vt.).
  • H.J.Res. 162 (Rep. Emanuel Cleaver, D-Mo.) would restore the CFPB’s advisory opinion affirming that contracts for deed financing constitutes credit under the Truth in Lending Act and Regulation Z. The Senate companion bill is S.J.Res. 149 (Sen. Chuck Schumer, D-N.Y.).
  • H.J.Res. 163 (Rep. Cleo Fields, D-La.) would restore the CFPB’s interpretive rule clarifying mortgage assumption rules for surviving family members under Regulation Z. The Senate companion bill is S.J.Res. 146 (Sen. Adam Schiff, D-Calif.).
  • H.J.Res. 164 (Fields) would restore the CFPB’s advisory opinion affirming ECOA/Regulation B protections for existing borrowers against unfavorable credit term changes. The Senate companion bill is S.J.Res. 154 (Sen. Cory Booker, D-N.J.).
  • H.J.Res. 165 (Rep. Brittany Pettersen, D-Colo.) would restore the CFPB’s advisory opinion requiring accurate matching and permissible purposes for consumer reports under the FCRA. The Senate companion bill is S.J.Res. 145 (Sen. Ron Wyden, D-Ore.).
  • H.J.Res. 166 (Pettersen) would restore CFPB Bulletin 2015 07, which warns that in person debt collection visits may constitute unfair, deceptive, or abusive acts or practices. The Senate companion bill is S.J.Res. 162 (Sen. John Hickenlooper, D-Colo.).
  • H.J.Res. 168 (Rep. Rashida Tlaib, D-Mich.) would restore CFPB Bulletin 2022 01 clarifying FDCPA and FCRA responsibilities for medical debts covered by the No Surprises Act. The Senate companion bill is S.J.Res. 148 (Sen. Patty Murray, D-Wash.).
  • H.J.Res. 171 (Rep. Nikema Williams, D-Ga.) would restore CFPB Bulletin 2022 06 finding that blanket returned deposited item fee policies are likely unfair under the CFPA. The Senate companion bill is S.J.Res. 153 (Sen. Ben Ray Luján, D-N.M.).
  • H.J.Res. 173 (Rep. Gregory Meeks, D-N.Y.) would restore CFPB Circular 2023 02 clarifying that unilaterally reopening a consumer’s closed deposit account without the consumer’s permission may constitute an unfair practice under the CFPA. The Senate companion bill is S.J.Res. 143 (Sen. Sheldon Whitehouse, D-R.I.).
  • H.J.Res. 175 (Rep. Ritchie Torres, D-N.Y.) would restore CFPB Circular 2024 02 clarifying when remittance transfer marketing claims regarding cost or speed are deceptive under the CFPA. The Senate companion bill is S.J.Res. 131 (Sen. Ruben Gallego, D-Ariz.).
  • H.J.Res. 177 (Rep. Bill Foster, D-Ill.) would restore the CFPB’s advisory opinion stating that “name only matching” does not meet reasonable accuracy standards under the FCRA. The Senate companion bill is S.J.Res. 140 (Sen. Raphael Warnock, D-Ga.).
  • H.J.Res. 180 (Rep. Sylvia Garcia, D-Texas) would restore the CFPB’s policy statement outlining its analytical framework for identifying abusive acts or practices under the CFPA. The Senate companion bill is S.J.Res. 147 (Sen. Dick Durbin, D-Ill.).
  • H.J.Res. 181 (Garcia) would restore CFPB Circular 2022 07 requiring reasonable investigations of consumer reporting disputes. The Senate companion bill is S.J.Res. 173 (Sen. Tammy Duckworth, D-Ill.).
  • H.J.Res. 182 (Rep. Janelle Bynum, D-Ore.) would restore CFPB Bulletin 2023 01, which finds that billing or collecting on private student loans discharged in bankruptcy is an unfair, deceptive, or abusive act or practice under the CFPA. The Senate companion bill is S.J.Res. 151 (Sen. Mazie Hirono, D-Hawaii).
  • H.J.Res. 183 (Bynum) would restore CFPB Circular 2023 01, which explains that negative option marketing practices can be unfair, deceptive, or abusive when companies obscure terms or make cancellation difficult. The Senate companion bill is S.J.Res. 160 (Sen. Kirsten Gillibrand, D-N.Y.).
  • H.J.Res. 184 (Rep. Stephen Lynch, D-Mass.) would restore the CFPB’s advisory opinion clarifying that consumers may request their files without special wording and that consumer reporting agencies must disclose all information sources under the FCRA. The Senate companion bill is S.J.Res. 127 (Sen. Mark Kelly, D-Ariz.).
  • H.J.Res. 185 (Rep. Juan Vargas, D-Calif.) would restore CFPB Circular 2024 03, which explains that including unlawful or unenforceable terms in consumer financial contracts may constitute a deceptive act under the CFPA. The Senate companion bill is S.J.Res. 128 (Masto).
Today's other top stories
Experts talk regulatory changes, emerging AI guidance at NS3
FTC sues companies, alleging mortgage assistance relief scam
HUD announces ‘most competitive funding opportunity in the history of the CoC program’
NAR REACH program highlights pseudo-MLS for manufactured housing
Maryland governor signs law against ‘discriminatory effects’


COMMENT BOX DISCLAIMER:
October Research is not responsible for the comments posted on its websites by readers. We will do our best to remove comments that include profanity or personal attacks or other inappropriate comments.
Comments:

Be the first to leave a comment.

Leave your comment
Please enter a comment.
CAPTCHA Validation
CAPTCHA
Code:
Please enter the word displayed in the image above. Please enter the word displayed in the image above.
: 
Please enter your name.
: 
Please enter your email address.
This field must contain a valid email address.
Your Email is for reporting purposes only. It will NOT be displayed.
Popularity:
This article has been viewed 1130 times.

Monthly Newsletter

RESPA News Monthly
June 2026

Cover Story:

RESPert Holly Bunting talks RESPA litigation risk


News by Topic   News by Edition   Reports   Events   Subscribe
All Rise
Case Law
Enforcement Update
Industry News
Legislation
Regulatory News
The Week in Washington
The TRID Journey
TILA News
 
 
RESPA News Monthly
April 2026
RESPA News Monthly
May 2026
RESPA News Monthly
June 2026
Archives
 
Housing Inventory Solutions
2026 State of the Industry
Adapting to NAR Settlement's New Realities
Real Estate Compliance Outlook
The ABCs of RESPA
Fair Lending
Archives
 
 
National Settlement Services Summit (NS3)
Women's Leadership Summit (WLS)
Webinars
 
Subscriptions
Free Email Updates
Try a Free Edition
Library       RESPA Defined   About   Other Publications
NAR Settlement Resources
Affiliated Compliance
Blog - Tuesdays with Mary
Case Law
CFPB Guidance Documents
Enforcement Documents
Federal and State Legislation
Federal Register Notices
HUD's FAQ's - General
HUD's RESPA final rule FAQs
 
Keys to Real Estate Podcast
Model Disclosure Forms
Other Guidance Documents
Position Papers
Proposed Disclosure Forms
Proposed Rules and Regulations
Settlement Agreements
Statements of Policy
Studies and Proposals
 
Timeline of revisions
Disclosure requirements
Prohibited practices
RESPA enforcement
Dodd-Frank Amendments
Current Issues
The RESPA Statute
 
RESPA News
Contact / Editors
Advertise
Request a Media Kit
Social Media
Are You An Expert?
Subscriber Agreement
 
The Title Report
The Legal Description
Dodd Frank Upate
Copyright © 2005-2026 RESPA News
An October Research, LLC publication
3046 Brecksville Road, Suite D, Richfield, OH 44286
(330) 659-6101, All Rights Reserved
www.respanews.com | Privacy Policy
VISIT OUR OTHER WEBSITES
> Dodd Frank Update
> The Legal Description
> The Title Report
> NS3 The Summit
> Women's Leadership Summit
> October Research, LLC
> The October Store


Loading... Loading...
12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
Featuring:
  • Delivery 3X a week plus breaking news as it happens
  • Comprehensive title insurance industry news
  • Recent acquisitions, mergers, real estate stats
  • Exclusive in-depth coverage of the industry's hottest stories
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Comprehensive Dodd-Frank coverage
  • The latest information from the CFPB
  • Full coverage of Congressional hearings
  • Updates on all agency actions
  • Analysis of controversial provisions
  • Release of newest studies and reports
Sign up today and...
  • Be one of the first to know where NS3 is being held
  • Learn about NS3 speakers and sessions
  • Save on registration with Super-Early Bird rates
  • Discover the networking opportunities NS3 offers
  • Find out if CE credits will be offered for your area
  • And much more
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Preview the latest RESPAnews.com Top Story
  • RESPA related headline news
  • Quote of the Week
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Legal, regulatory and legislative information impacting the settlement services industry
  • News from HUD, Congress, state legislatures and other regulatory agencies
  • Follow the lobbying efforts of all the major national real estate services organizations.
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • The industry's only full-time newsroom
  • Relevant, up-to-date appraisal industry news
  • Covering the hottest stories and industry trends
NEWS BY TOPIC
NEWS BY EDITION
REPORTS
WEBINARS
EVENTS
LIBRARY
FREE EMAIL NEWS
ABOUT
SUBSCRIBE
All Rise
Case Law
Conference Coverage
Enforcement Update
Industry News
Legislation
Regulatory News
This Week in Washington
The TRID Journey
TILA News
Current Edition
May 2026
April 2026
March 2026
Archives
NEW Housing Inventory Solutions
2026 State of the Industry
NAR Settlement's New Realities
Real Estate Compliance Outlook
The ABCs of RESPA
Archives
NEW 2026 Economic Outlook Series
Evolving Realtor Relationships
FinCEN Real Estate Report Demo
2026 Industry and Regulatory Outlook
RESPA Review: Navigating Multi-level Oversight
Evolving Technology
FinCEN's Residential Rule Explained
AI-Driven Innovation
Evolving Consumer Relationships
Strategies post-NAR settlement
Artificial Intelligence for Title
Excess Equity
Securing Your Cyber Network
RESPA Updates You Need to Know
Webinar Archives
National Settlement
Services Summit (NS3)
Women's Leadership
Summit (WLS)
Housing Inventory & Attainability Watch
Podcast - Keys to Real Estate
NAR Settlement Resources
Blog - Tuesdays with Mary
Cyber Solutions Showcase
Executive Interview Series
eClosing Solutions Showcase
RESPA DEFINED
Affiliated Compliance
Case Law
Disclosure Forms
Enforcement
Federal and State Legislation
Guidance Documents
HUD's FAQ's - General
HUD's RESPA final rule FAQs
In-Depth Reports
Position Papers and Studies
Rules and Regulations
Timeline of revisions
Disclosure requirements
Prohibited practices
RESPA enforcement
Dodd-Frank Amendments
RESPA Glossary
Current Issues
The RESPA Statute
Model Disclosure Forms
Proposed Disclosure Forms
Enforcement Documents
Settlement Agreements
CFPB Guidance Documents
Other Guidance Documents
Statements of Policy
Position Papers
Studies and Proposals
Federal Register Notices
Proposed Rules and Regulations
RESPA News
Contact Us
Advertise
Request a Media Kit
Social Media
Are You An Expert?
Subscriber Agreement