CFPB Future Appears Uncertain

As we have previously discussed in articles highlighting the CFPB’s activities over this last year, the new administration has prioritized deregulation and increased efficiency and dramatically scaled back the agency’s supervision and enforcement work.  As we near the end of an ambitious first year of changes under the Trump Administration, the agency’s continued operation appears increasingly uncertain. 

 

Defalcation

Defalcation is the theft, misuse, or misappropriation of funds held by a fiduciary. Many forms of conduct qualify as defalcation, including both the misallocation of funds and the failure to account for funds received. In the mortgage lending industry, it is more specifically used to refer to the misuse or misdirection of funds held in escrow by a title insurance agent. Notably, defalcation does not require the same level of intent as fraud, and therefore encompasses conduct like poor accounting which may not be intentional.

Federal Court Indefinitely Delays Open Banking Rule’s Compliance Deadline

On October 29, 2025,  a federal judge issued an injunction in Forcht v. CFPB, which will indefinitely delay enforcement of the Consumer Financial Protection Bureau’s (“CFPB’s”) Personal Financial Data Rights Rule (“the Rule”). Commonly referred to as the “open banking” rule, the first enforcement deadline was slated for June 30, 2026, despite the Rule itself facing an unsure future.

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