On December 14, the Supreme Court of Virginia reaffirmed in MCR Federal, LLC v. JB&A, Inc. that tort claims for actual and constructive fraud cannot stand where the source of the duty breached arises from the parties’ contractual relationship. The Court’s holding is consistent with established precedent and is beneficial to the mortgage servicing industry
Congress Kills CFPB’s Arbitration Ban for Financial Services Companies, Returning Focus to State v. Federal Court Wars
On Tuesday, October 24, 2017, the Senate voted to nullify the Consumer Financial Protection Bureau’s (“CFPB”) arbitration rule (the “Rule”) in a 51-50 vote. Only two Republicans voted against the measure – Lindsey Graham (SC) and John Kennedy (LA). President Trump praised the vote, saying that he will sign the resolution when it reaches his
Join Us for a Complimentary Webinar – Post-Spokeo Survey – An Analysis of Trends and Developments in the Courts
On Wednesday, April 19 from 12-1 p.m. ET, Troutman Sanders attorneys Mary Zinsner and Jon Hubbard will present a survey of consumer protection decisions from across the country interpreting and applying the Supreme Court’s ruling in Spokeo, Inc. v. Robins. The decisions from the federal circuits are conflicting and some “no-injury” class action proceedings
DOJ Brief Opposing CFPB Brings More Uncertainty
On March 17, the U.S. Department of Justice submitted a brief to the D.C. Circuit asserting that the Consumer Financial Protection Bureau’s single-director structure violates the Constitution’s separation of powers in the CFPB v. PHH Corporation case.
CFPB’s Single Director Structure
The Democratic-controlled 111th Congress created the CFPB as part of the Dodd-Frank Act in
Join Us on December 14 for a Webinar on Impact of Trump Administration for Banking & Financial Services Industry
Join Troutman Sanders Partners Ashley L. Taylor, Jr., Alan D. Wingfield and Mary C. Zinsner for a complimentary webinar to discuss likely impact points for the banking and financial services industry when President-Elect Donald Trump begins his administration in January 2017.
Specific topics of discussion include the potential repeal in whole or part of the
CFPB Director’s Remarks at MBA Annual Convention: Progress, Updated HMDA Reporting, and Warning to Parties Engaged in Marketing Services Agreements
Consumer Financial Protection Bureau Director Richard Cordray addressed the Mortgage Bankers Association at its Annual Convention on October 19. In his remarks, Cordray:
- Summarized the progress the CFPB has made in addressing the serious problems confronting consumers in the mortgage market and steps taken by the Bureau to restore the American Dream of homeownership;
Following Oral Argument, Supreme Court Appears Split on Whether Offer of Judgment Moots Case
Does a case become moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim? The Supreme Court is set to answer this constitutional question after hearing oral arguments in Campbell-Ewald Company v. Gomez on October 14.
As we previously reported, Gomez involves
Two Speeches in Three Days: Protecting Privacy and Consumer Data in the Digital Age is FTC Priority
Federal Trade Commissioner Julie Brill promoted the FTC’s role as the nation’s leading consumer protection and privacy agency with respect to Internet, social media, and smartphone technology in two recent speeches occurring over a three–day span. In both speeches, Brill referenced and reiterated the FTC’s concerns regarding data collection, the interface of
FTC Urges Start-Ups to Incorporate Cybersecurity Early
The Federal Trade Commission is proactively encouraging start-ups to take cybersecurity seriously and include consumer data safeguards early in the innovation process. At the FTC’s Start with Security conference in San Francisco on September 9, FTC Chairwoman Edith Ramirez called on innovators to instill a “culture of security” early in the product development lifecycle.
In
CFPB Issues “Guiding Principles” for Financial Technology Payment Systems to Ensure Consumer Protections
On July 9, just weeks after initiating its first enforcement actions against payment processors, the Consumer Financial Protection Bureau issued an outline of nine “guiding principles” for faster payment networks which will provide greater consumer protections. The CFPB indicated that new technology supporting payment systems must be secure, transparent, accessible, affordable to consumers, and have