The lawsuit alleged Banner violated the Fair Labor Standards Act by not compensating mortgage loan officers who were required to work off the clock and more than eight hours per day.
The Cantero v. BofA mortgage-escrow case, which has major ramifications for federal preemption of state laws, could swing either way, depending on how three justices rule.
The CFPB is looking to stop attempts by servicers to tack on convenience fees for payments made online or by phone. Meanwhile, trade groups are advocating for federal preemption in a Supreme Court case.
The CFPB last month issued its first contested supervisory designation order against a nonbank. The bureau said other companies that had received notices consented to supervision.