e Payday and Small Dollar Lending Rule, which was largely repealed by CFPB leadership during the Trump Administration, with its surviving pieces mired in litigation and still not effective.With these two new proposals, the CFPB would shift roles into that of an information collector or a data aggregator. This data would be available to parties mining troublesome contractual provisions that could be deemed unfair or abusive and give rise to private actions or enforcement actions by other regulators and state attorneys general.The Repeat Offender Proposal was published in the Federal Register on January 31, 2023, with a comment period that ends March 31, 2023. The Terms and Conditions Proposal was published February 3, 2023, with a comment period that ends April 3, 2023. Each is likely to draw a substantial number of comments and any final rule promulgated by the CFPB is also likely to face legal challenges. Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders, 88 Fed. Reg. 6088 (proposed Dec. 12, 2022) (to be codified at 12 CFR 1092). Press Release, CFPB Proposes Registry to Detect Repeat Offenders (Dec. 12, 2022). Registry of Supervised Nonbanks that Use Form Contracts to Impose Terms andConditions that Seek to Waive or Limit Consumer Legal Protections, 86 Fed, Reg. 6906 (proposed Jan. 11, 2023) (to be codified at 12 CFR 1092). Press Release, Statement of CFPB Director Rohit Chopra on Proposed Registry of Supervised Nonbanks that Use Form Contracts to Impose Terms and Conditions that Seek to Waive or Limit Consumer Legal Protections (Jan. 11, 2023). Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders, 88 Fed. Reg. 6088 (proposed Dec. 12, 2022) (to be codified at 12 CFR 1092); Registry of Supervised Nonbanks that Use Form Contracts to Impose Terms and Conditions that Seek to Waive or Limit Consumer Legal Protections, 86 Fed. Reg. 6906 (proposed Jan. 11, 2023) (to be codified at 12 CFR 1092).[View source.]