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ARTICLE · 13 MAY 2026

FDIC Rescinds Guidance Governing Re-presentment Of Same Transaction

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The FDIC has issued FIL-14-2026 rescinding its guidance governing the re-presentment of the same transaction after raising questions about the Biden Administration’s prior guidance.

United StatesConsumer Protection
John L. Culhane, Jr.
John L. Culhane, Jr.
Ronald K. Vaske
Ronald K. Vaske
Joseph Schuster
Joseph Schuster
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The FDIC has issued FIL-14-2026 rescinding its guidance governing the re-presentment of the same transaction after raising questions about the Biden Administration’s prior guidance.

“Based on a review and assessment of the guidance in FIL-32-2023, the FDIC concludes that the guidance is overly broad in scope and has raised uncertainty regarding when, for instance, disclosures regarding re-presentments may result in ‘unfairness’ concerns under Section 5 of the Federal Trade Commission Act,” the FDIC said in announcing the rescission.

The agency continued, “Supervised institutions should ensure their disclosures to consumers accurately reflect their practices and are provided in accordance with applicable laws, regulations, and other current legal requirements.”

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