On December 16, the Consumer Financial Protection Bureau executed a consent order with Moneytree, Inc., whereby Moneytree was required to pay $255,000 in redress and an additional $250,000 in civil monetary penalties arising out of the Bureau’s allegations that Moneytree violated the Consumer Financial Protection Act (“CFPA”) and the Electronic Funds Transfer Act (“EFTA”). According
CFPB Executes Second Consent Order With Military Credit Services
On December 20, the Consumer Financial Protection Bureau executed a consent order with Military Credit Services, LLC, whereby the lender was required to pay a $200,000 civil monetary penalty, implement certain compliance measures, and hire an independent consultant to review the company’s compliance with federal laws. The order arose out of Military Credit Services’ alleged
CFPB Files Four Lawsuits Against Lenders for Violation of Truth In Lending Act
On December 19, the Consumer Financial Protection Bureau filed four nearly identical lawsuits against lenders based in the Commonwealth of Virginia. Copies of the complaints can be found here, here, here, and here. The complaints allege that the defendants violated the Truth in Lending Act and Consumer Financial Protection Act by
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
CFPB Sues Company and Outside Counsel for Alleged Violations of State Law Concerning Structured Settlement Factoring
On November 21, the Consumer Financial Protection Bureau filed a lawsuit in a Maryland federal court against Access Funding, a company that purchases structured settlement payments in exchange for a discounted lump sum. The Bureau also sued the company’s Chief Executive Officer, Chief Operating Officer, and an outside attorney who provided “independent professional advice” to
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
Join Us at the Third Party Payment Processors Association Executive Summit
We are pleased to announce that Troutman Sanders partners Keith Barnett and Ashley Taylor will be featured speakers at the annual Third Party Payment Processors Association (TPPPA) Executive Summit on November 9-11 at the Phoenician in Scottsdale, Arizona.
Keith and Ashley will provide an update on the legal and regulatory environment in the payment processing
Payment Card Industry Security Standards Council Announces New Protections for Payment Devices
The Security Standards Council of the Payment Card Industry (“PCI”) announced updates to its payment device standard, which will enable stronger protections for cardholder data, including data such as cardholders’ personal identification numbers (PINs) and cardholder data stored on the magnetic stripe of cards or on mobile devices. The updated standard addresses the increased threats
D.C. Circuit Rules CFPB “For Cause” Removal of the Director Unconstitutional, but Declines to Shut it Down
Until October 10, none of the constitutional or scope of enforcement authority challenges to the Consumer Financial Protection Bureau’s (“CFPB” or Bureau”) power have been successful. That changed on October 11 when the U.S. Court of Appeals for the District of Columbia held the Director of the Bureau has too much unilateral, unchecked power and
Supreme Court Agrees to Hear Case That Will Affect New York and Other State Laws Concerning Credit Card Surcharges
On September 29, the United States Supreme Court agreed to hear the appeal of a case that retail merchants filed against the State of New York and City of New York challenging the constitutionality of a state law prohibiting merchants from assessing surcharges against customers who make purchases using a credit card. The challenged law