6th Circuit pauses CFPB open banking rule appeals pending rulemaking

April 6, 2026

Sixth Circuit pauses appeals challenging CFPB’s open banking rule pending rulemaking

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On March 30, the U.S. Court of Appeals for the 6th Circuit granted a motion by the plaintiff banking groups to hold briefing in abeyance in consolidated appeals challenging the CFPB’s Personal Financial Data Rights Rule, also known as the Section 1033 open banking rule. The plaintiffs sought to pause the appeals while the CFPB completes a new rulemaking intended to substantially revise the rule. The banking groups argued that any ruling from the 6th Circuit was unlikely to have practical impact because the CFPB had already conceded that the existing rule was unlawful and was actively working to replace it through an accelerated rulemaking process. The CFPB issued an advance notice of proposed rulemaking in August 2025 seeking public comments (covered by InfoBytes here) and stated that it anticipates issuing a new final rule that substantially revises the existing one. The plaintiffs also noted that all parties agreed briefing should not begin while the CFPB conducted its new rulemaking, and that abeyance provided a more orderly path than serial quarterly extension requests.

Both the CFPB and the intervenor-appellant fintech trade group, which had separately appealed the district court’s preliminary injunction blocking enforcement of the rule (previously covered by InfoBytes here), opposed the blanket abeyance, arguing that periodic extensions of the briefing deadlines would better allow the court to monitor the rulemaking’s progress. The court cancelled the briefing schedule previously issued and ordered plaintiffs to file status reports on the rulemaking every 60 days.

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