Payday and Small-Dollar Lending - March 2026

Published
Score
6

Why it matters

Core Event: In March 2025, the Consumer Financial Protection Bureau (CFPB) announced it would not prioritize enforcement or supervision of its 2017 Payday Lending Rule's payment provisions—which took effect March 30, 2025, and implement a "two strikes and you're out" policy against repeated failed withdrawal attempts from insufficient funds accounts—while signaling potential narrowing via rulemaking.[1][2][9][11] This deprioritization exempts low-volume depository institutions (under 2,500 small-dollar loans/year or <10% revenue).[1][11]

Involved Parties: Primary agency is the CFPB, reversing prior aggressive stance under Director Rohit Chopra (2017–2023).[1][3] Context ties to President Trump's second term starting January 2025, driving federal rollbacks across CFPB, FTC, and others.[2][6] Enforcement dropped sharply: 5 actions in 2025 (1 federal, 4 state, $1.085B recoveries, led by New York case) vs. 15 in 2024 ($63M).[1][6] Payday lenders' trade groups petitioned Supreme Court in March 2025; states filled gaps.[2][11]

Context and Timeline: The rule, promulgated 2017, faced delays; compliance set for March 30, 2025, after rescinding ability-to-repay provisions.[3][9] Post-2024 election, Trump's administration prompted CFPB retrenchment amid broader federal pullback, contrasting 2017–2023 focus on small-dollar scrutiny.[1][2][6] Payday/small-dollar loans persist in 2026, mostly online or in permissive states (South/Midwest), with state variations in caps.[5]

Newsworthiness Now (April 2026): As 2025 Year-in-Review reports publish (e.g., Goodwin's March 31), this shift underscores ongoing federal retreat—fewer actions, state patchwork rise—impacting lenders' compliance amid 2026 predictions of litigation and state focus.[1][2][4][6] With rule effective nearly a year and payday products evolving (e.g., apps), it highlights regulatory flux for underbanked consumers and industry margins.[5][13]

Sources

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