Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 14 JANUARY 2026

CFPB Does An About-face On Its Funding From Fed

Ballard Spahr LLP
Ballard Spahr LLP
Contributor
Ballard Spahr LLP

Ballard Spahr LLP

Ballard Spahr LLP, an AmLaw 100 law firm with 19 US offices, serves clients in more than 50...

View firm profile
Explore more from Ballard Spahr LLP

On January 9, CFPB Acting Director Vought notified Judge Amy Berman Jackson that, in response to her December 30, 2025 ...

United StatesFinance and Banking
Alan Kaplinsky
Alan Kaplinsky
Author LinkedIn connections

On January 9, CFPB Acting Director Vought notified Judge Amy Berman Jackson that, in response to her December 30, 2025 opinion in National Treasury Employees Union v. CFPB (DDC), he had just requested $145 Million from the Federal Reserve Board to operate the CFPB from January through March of this year.

That seemingly brought to a conclusion a disagreement over the extent to which the CFPB could be funded by the Fed. Based on an opinion given to the CFPB by the Office of Legal Counsel of the Department of Justice, Vought had previously notified the District Court that it would be unlawful for the CFPB to request funds from the Fed because the Federal Reserve System has been losing money since September 2022 and the Dodd-Frank Act only allows the CFPB to be funded out of "combined earnings of the Federal Reserve System."

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

SEC Advances “Responsible Retailization” Through A Potential Accredited Investor Exam And Potential Regulated Fund Reforms

On September 30, 2026, the Securities and Exchange Commission (SEC) issued two rule proposals and five notices aimed at expanding investors’ access to private markets. The package would add ways to qualify as an accredited investor, including passing a new exam administered by the Financial Industry Regulatory Authority (FINRA), broaden performance-based compensation and modernize regulated funds, including interval funds and business development companies (BDCs).
United StatesFinance and Banking
Proskauer Rose LLP
Proskauer Rose LLP
Article

New NYSE Delisting Rules: What Microcap Companies Need To Know About The $0.25 Minimum Trading Price

The SEC has approved new NYSE and NYSE American listing rules establishing a $0.25 minimum trading price, effective July 1, 2027. A single closing price below this threshold triggers immediate trading suspension and delisting proceedings with no cure period. Companies trading at low share prices must act now during the transition period to implement reverse stock splits and establish monitoring procedures before this hard floor takes effect.
United StatesFinance and Banking
Bevilacqua
Bevilacqua
Article

The Financing Problem Behind the AI Infrastructure Boom: What Lenders and Sponsors Need to Watch

As AI infrastructure spending surges toward $697 billion in 2026, hyperscalers and compute providers are increasingly turning to debt, structured financing, and GPU-backed collateral to fund expansion. While demand projections remain bullish, a critical timing gap is emerging between capital deployment and cash flow generation, creating significant risks for lenders, sponsors, and operators across the ecosystem.
United StatesFinance and Banking
Riveron
Riveron
Article

SEC Issues “Innovation Exemption” To Facilitate Trading Of Tokenized NMS Stock

The SEC has issued a groundbreaking Innovation Exemption allowing tokenized securities venues to facilitate trading of tokenized NMS stocks using automated market makers and liquidity pools. This temporary five-year exemption from exchange and dealer registration requirements establishes conditions for permissioned blockchain-based trading while granting public companies a 30-day window to object to third-party tokenization of their securities.
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

The SEC’s Proposed “Regulation Crypto Assets” Provides A New Framework For Regulatory Clarity

The U.S. Securities and Exchange Commission has proposed Regulation Crypto Assets, introducing two new exemptions from registration requirements and a safe harbor provision for investment contracts involving crypto assets. How will these tailored frameworks—the Startup Exemption for offerings up to $5M and the Fundraising Exemption for larger capital raises—reshape the regulatory landscape for digital asset issuers while preserving investor protections?
United StatesFinance and Banking
Winston Taylor
Winston Taylor
Article

SEC And CFTC Open Door To Tokenized Markets After Clarity Fails To Advance

The SEC and CFTC have issued coordinated regulatory relief measures that significantly advance crypto-based trading infrastructure in US markets, bypassing Congressional gridlock on the CLARITY Act. These orders establish new frameworks for tokenized securities venues and passive software providers, potentially reshaping how digital assets are traded and accessed in regulated markets.
United StatesFinance and Banking
K&L Gates
K&L Gates
Article

Basel III Endgame Evolution: Banking Agencies Propose Major Capital Overhaul (Again)

On March 19, 2026, the federal banking agencies issued a package of proposed changes to the regulatory capital requirements for banking institutions of all sizes, from the largest GSIBs and super-regional banks to community banks (the “Proposed Rules”). This package of proposals is a second full attempt at implementing the 2017 “Basel III Endgame” international framework—following the agencies’ initial package of proposals in July 2023 (the “2023 NPR”)—to better reflect credit, trading and operational risk in the calculation of minimum regulatory capital ratios.
United StatesFinance and Banking
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

HRSA Announces Updated 340B Rebate Model Pilot Program, Limited To Drugs Subject To A Maximum Fair Price (MFP) For 2026 And 2027

The Health Resources and Services Administration has announced a revised 340B Rebate Model Pilot Program for drugs subject to Medicare's Maximum Fair Price, expanding eligibility to manufacturers with selected drugs for 2026 and 2027. The program introduces new data requirements, dispute resolution mechanisms, and stricter compliance monitoring while addressing stakeholder concerns about administrative burden and program integrity.
United StatesFinance and Banking
Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
Article

FinCEN Proposes To Designate Banque Misr UAE As A Primary Money Laundering Concern And Revoke Correspondent Banking Access

The Financial Crimes Enforcement Network has proposed revoking Banque Misr UAE's correspondent banking access to U.S. financial institutions, designating it as a financial institution of primary money laundering concern. This action stems from Treasury's Operation Economic Outcast, which aims to sever financial channels Iran uses to evade sanctions and fund terrorist activities through shadow banking networks.
GlobalGovernment, Public Sector
Ballard Spahr LLP
Ballard Spahr LLP
Article

AI Learning Or AI Copying? Ninth Circuit Weighs In

The Ninth Circuit held that GitHub Copilot's AI-generated code did not violate DMCA's copyright management information (CMI) removal provisions, even when output resembled source code, because the system generated new works through probabilistic patterns rather than retrieving and stripping information from existing copies. This decision establishes a critical distinction between AI systems that learn and generate versus those that retrieve and reproduce, with significant implications for how courts evaluat
United StatesIntellectual Property
Ballard Spahr LLP
Ballard Spahr LLP
Article

Senate Banking Committee Advances Brian Johnson’s Nomination To Lead CFPB

The Senate Banking Committee has advanced Brian Johnson's nomination to lead the Consumer Financial Protection Bureau in a party-line vote, setting the stage for a full Senate confirmation. With the Senate's pre-election recess looming and Mark Paoletta currently serving as Acting Director, the timing of Johnson's potential confirmation could determine whether the CFPB has Senate-confirmed leadership before the November midterm elections.
United StatesGovernment, Public Sector
Ballard Spahr LLP
Ballard Spahr LLP
Article

Revised Draft Rules For The Colorado ADMT Act And Conversational AI Act Released

Colorado's Department of Law has released a revised draft of its Automated Decision-Making Technology and Conversational AI Service Rules, introducing significant changes to the state's AI regulatory framework. The updated rules address critical definitions around material influence and establish new standards for consumer rights, adverse outcomes, and reviewer qualifications. Organizations operating under the Colorado AI Act face important compliance considerations as the public hearing approaches.
United StatesCorporate/Commercial Law
Ballard Spahr LLP
Ballard Spahr LLP
Article

CSBS Releases Artificial Intelligence Supervisory Framework For State Examiners

The Conference of State Bank Supervisors (CSBS) on September 16, 2026 released an Artificial Intelligence Supervisory Framework designed to help state financial examiners identify and understand how the bank and non-bank institutions they regulate are using artificial intelligence, assess the associated risks, and determine when a more in-depth review may be appropriate.
United StatesCorporate/Commercial Law
Ballard Spahr LLP
Ballard Spahr LLP
Article

California Website Tracking Litigation: What SB 690 And Variety Media Mean For Retailers

California lawmakers passed SB 690 to eliminate private lawsuits under CIPA's pen register provisions, while the Court of Appeal's tentative ruling in Variety Media extends CIPA's reach to internet communications but limits claims based solely on IP address collection. These developments create both opportunities and challenges for retailers navigating website tracking litigation, requiring careful evaluation of tracking practices, disclosures, and vendor relationships.
United StatesPrivacy
Ballard Spahr LLP
Ballard Spahr LLP
Article

House Financial Services Committee Approves Legislation To Place CFPB Under Congressional Appropriations Process

The House Financial Services Committee on September 16 approved H.R. 10184, the Consumer Financial Protection Accountability and Reform Act of 2026, by a 28-21 vote. The legislation, sponsored by Rep. Andy Barr (R-Ky.), would make significant changes to the structure, funding, rulemaking, supervision, enforcement, and other authorities of the Consumer Financial Protection Bureau (CFPB).
United StatesFinance and Banking
Ballard Spahr LLP
Ballard Spahr LLP