Regulatory Enforcement + Compliance

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On August 18, the U.S. Department of the Treasury issued a Request for Comment, inviting interested members of the public to provide input on innovative methods to detect and mitigate illicit finance risks involving digital assets. This initiative fulfills the GENIUS Act directive for the Secretary of the Treasury to seek public comment on methods to detect illicit activity involving digital assets, complements the January 23, 2025 Executive Order 14178 on “Strengthening American Leadership in Digital Financial Technology” to promote responsible digital asset growth and U.S. leadership in digital finance, and aligns with the July 30, 2025 report from the President’s Working Group on Digital Assets advocating enhanced anti-money laundering/countering the financing of terrorism (AML/CFT) measures through public-private collaboration. In conjunction with the SEC’s “Project Crypto,” this Request for Comment bolsters the Administration’s commitment to fostering responsible innovation in digital finance while addressing potential risks and misuses by illicit actors.

On August 21, the Consumer Financial Protection Bureau (CFPB or Bureau) took a significant step forward in its reconsideration of the Section 1033 open banking final rule, originally issued in November 2024, by issuing an Advance Notice of Proposed Rulemaking (ANPR). This move follows the Bureau’s announcement that it would be reopening the rulemaking process when it requested a stay to the original rule amidst legal challenges.

As has been well-documented, the Consumer Financial Protection Bureau (CFPB or Bureau) is navigating a period of significant uncertainty. Just last week, the U.S. Court of Appeals for the District of Columbia vacated a preliminary injunction in the case of National Treasury Employees Union v. CFPB, potentially allowing for substantial layoffs and operational changes within the agency (discussed here). Despite this development, the CFPB briefly released an ambitious rulemaking agenda on the OMB’s Office of Information and Regulatory Affairs website on August 15, which then became inaccessible due to “Site Maintenance.”

On August 8, the Consumer Financial Protection Bureau (CFPB or Bureau) published a series of proposed rules aimed at redefining what constitutes a “larger participant” in several key financial markets. Under § 1024 of the Consumer Financial Protection Act, the Bureau’s supervisory authority extends to “larger participants” offering consumer financial products or services. The proposed rules seek to amend existing thresholds in the consumer reporting, auto financing, consumer debt collection, and international money transfer markets to better align with current market conditions and regulatory priorities. The Bureau is accepting comments on these proposals until September 22, 2025.

On August 15, the U.S. Court of Appeals for the District of Columbia issued a decision in the case of National Treasury Employees Union (NTEU) v. Consumer Financial Protection Bureau (CFPB or Bureau). The appellate court vacated the district court’s preliminary injunction, which had previously restricted the CFPB’s actions to halt the Bureau’s operations and terminate its employees.

On July 31, the Securities and Exchange Commission (SEC) Chairman Paul Atkins (Chair Atkins) presented “Project Crypto,” an initiative aimed at positioning the U.S. as the global leader in the digital finance world. In his address, Chair Atkins outlined his vision to modernize securities rules and regulations, enabling America’s financial markets to fully embrace blockchain technology and move on-chain. This plan solidifies President Trump’s vision of making the U.S. the crypto capital of the world and signals a new era of regulatory clarity and innovation for the crypto industry within the U.S.

In a significant ruling, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a consumer’s state law claims against a federal credit union on federal preemption grounds. The putative class action plaintiff’s claims challenged the credit union’s $15 dollar returned-check fee under California’s Unfair Competition Law (UCL), arguing it was an “unfair” and “unlawful” business practice, especially since the check the plaintiff deposited was declined without any funds being made available to him. The Ninth Circuit upheld the district court’s ruling that the plaintiff’s state law unfair competition claim was preempted by 12 C.F.R. § 701.35, which states expressly that state laws regulating bank fees do not apply to federal credit unions.

Since the House passed the CLARITY Act on July 17, the U.S. Senate Banking Committee, which has oversight of the Securities and Exchange Commission (SEC), has been busy working on its own version of the U.S. crypto regulatory framework. Chairman Tim Scott (R-SC), along with Senators Cynthia Lummis (R-WY), Bill Hagerty (R-TN), and Bernie Moreno (R-OH), released a discussion draft of the “Responsible Financial Innovation Act of 2025.” This comprehensive legislation aims to provide regulatory clarity, encourage innovation, and address key risks in the rapidly evolving digital asset ecosystem. This blog highlights critical elements of the draft bill, offering an overview of its major provisions and implications. Alongside the draft, the Senate Banking Committee has issued a broad Request for Information (RFI) to solicit feedback from the public, with responses due by August 5, 2025.

An initiative designed to add significant regulatory obligations to the home improvement and solar financing industries is progressing through the California legislature. Senate Bill 784 (SB 784) passed the California Senate last month and the California Assembly is quickly moving a slightly amended version of the bill through committees in July. If enacted, SB 784 would take effect on January 1, 2026.

On July 16, TradeStation Securities, Inc., a member firm of the Financial Industry Regulatory Authority (FINRA), submitted a Letter of Acceptance, Waiver, and Consent (AWC) to FINRA’s Department of Enforcement. This AWC proposes a settlement for alleged rule violations concerning retail communications related to crypto assets. The acceptance of this AWC by FINRA ensures that no future actions will be brought against TradeStation Securities based on the same factual findings.