On the same day that House Democrats wrote to President-elect Donald Trump to defend controversial Consumer Financial Protection Bureau Director Richard Cordray, two Republican senators sent a letter to Vice President-elect Mike Pence to press for his removal. The letter, signed by Ben Sasse (Neb.) and Mike Lee (Utah), requested that Trump dismiss Cordray “promptly
House Democrats Urge President-Elect Trump Not to Remove CFPB Director
On January 9, twenty-one Democrats from the House of Representatives sent a letter to President-elect Trump in defense of controversial Consumer Financial Protection Bureau Director Richard Cordray, urging Trump not to remove Cordray from his post. The letter began by noting that no President has ever removed an independent agency head for cause and threatened
District Court Rejects TILA Suit as “Litigation Out of Control”
On December 22, the United States District Court for the Eastern District of Pennsylvania entered judgment in favor of the defendant in an action involving a Truth in Lending Act claim, and issued a stern rebuke to the plaintiff and his counsel, instituting Rule 11 proceedings and describing the case as “litigation out of control.”
CFPB Updates Rulemaking Agenda
On December 2, the Consumer Financial Protection Bureau issued a statement highlighting its updated rulemaking agenda for Fall 2016. The Bureau specifically mentioned a number of supervisory and developmental initiatives scheduled for implementation in the coming months.
In the area of mortgages, the CFPB expects to finalize proposed tweaks to the Know Before You Owe
Southern District of New York Relies on Spokeo to Dismiss TILA Credit Card Suit
On December 16, U.S. District Judge Paul A. Engelmayer dismissed a putative class action suit alleging that Nordstrom department store’s credit card account disclosures violated the Truth in Lending Act (“TILA”). Relying on the Supreme Court’s decision in Spokeo, Inc. v. Robins, the Court concluded that the plaintiff did not have standing to bring
Seventh Circuit Relies on Spokeo Reasoning to Dismiss FACTA Case for Lack of Standing
On December 13, the Seventh Circuit Court of Appeals ordered the dismissal of a proposed class action alleging that a restaurant did not properly truncate credit card expiration dates on receipts, finding the plaintiff lacked Article III standing.
The plaintiff, Jeremy Meyers, was given a copy of his receipt after dining at Nicolet Restaurant of
District Court Rules Credit Card Debt Collection Dispute Must Be Arbitrated
On December 2, Judge Valerie Caproni of the Southern District of New York ruled that a class action suit alleging violations of the Fair Debt Collection Practices Act must be arbitrated. The class plaintiff, Alicia Zambrana, applied for and received a Best Buy-branded credit card from Household Bank N.A. (“HSBC”). While the court could not
CFPB Publishes Prepaid Card Fact Sheet
On November 15, the Consumer Financial Protection Bureau issued a fact sheet to highlight the new requirements and deadlines imposed by the Bureau’s latest Prepaid Rule, which was finalized last month. The fact sheet notes the effective dates of new requirements under the Rule and lists any related exceptions or accommodations.
The Bureau issued the
FTC Alleges Prepaid Card Company Deceptively Marketed Reloadable Debit Cards
On November 10, the Federal Trade Commission filed a complaint in the Northern District of Georgia against NetSpend Corporation, alleging that the company repeatedly deceived consumers about their ability to access funds deposited on the company’s debit cards.
NetSpend markets, sells, and services prepaid debit cards, including general purpose reloadable cards. According
CFPB to Publish Public List of Companies Offering Free Credit Scores
The CFPB has announced plans to produce a list of companies offering existing customers free access to their credit score. According to the CFPB, “educating and empowering consumers to take more control over their financial lives” constitutes a core part of the Bureau’s mission. Credit scores are vitally important to the Bureau in this regard