On September 10, the Consumer Financial Protection Bureau issued three new policies to promote innovation and facilitate compliance: the Policy on No-Action Letters (NAL), Policy to Encourage Trial Disclosure Programs (TDP), and Policy on the Compliance Assistance Sandbox (CAS). The policies were proposed in 2018 and went through a period of public
New York State’s Department of Financial Services (“NYDFS”) has issued new proposed regulations regarding licensing and servicing standards for student loan servicers operating in the state.
The proposed regulations stem from state legislation passed in April 2019, known as Article 14-A, which requires student loan servicers to obtain a license from the DFS before
In a closely watched case, the Ninth Circuit issued an 8-3 en banc decision reinstating a $210 million multidistrict class action settlement involving the fuel efficiency of Hyundai and Kia vehicles on June 6, 2019.
Through its decision, the Court overturned a previous panel decision from January 2018 that held that courts must weigh individual
On May 7, Sen. Ted Cruz (R-Tex.) announced that he is reintroducing a bill titled the “Repeal CFPB Act” which would eliminate the Consumer Financial Protection Bureau. This represents the third time that Cruz has attempted to introduce a bill in the Senate that would eliminate the CFPB. In 2015 and 2017 the
In connection with passing New York’s 2020 Executive Budget, the state enacted sweeping new regulations on student loan servicing. Governor Andrew Cuomo previously announced the regulations in a statement saying, “The student loan servicer industry has repeatedly raised serious consumer protection concerns that need to be addressed and with this proposal, we will provide sweeping
The District Court for the Middle District of Florida recently added to TCPA case law concerning the level of human intervention required to defeat claimed use of an automatic telephone dialing system, or “ATDS,” in a TCPA lawsuit. In Gaza v. Auto Glass America, LLC, Case No. 8:17-cv-01811, Doc. No. 42 (M.D.
In a unanimous decision on March 20, 2018, the United States Supreme Court held in Cyan, Inc. et al. v. Beaver County Employees Retirement Fund, et al., 583 U.S. ____ (2018) that state and federal courts retain concurrent jurisdiction to adjudicate class actions brought under the Securities Act of 1933 (the “Securities Act”) and
On June 12, the Supreme Court of Appeals of West Virginia reversed a Circuit Court ruling and stated that a high volume of telephone calls from a debt collector to a consumer, absent any evidence the debt collector placed the calls with an intent to annoy, abuse, oppress, or threaten the consumer, is not sufficient
On May 5, 2016, the CFPB announced proposed rules that would further restrict the ability of financial institutions to enter into mandatory arbitration clauses with consumers, including an outright ban on provisions that would prohibit consumers from pursuing class actions in court. The proposed rules do not forbid all mandatory arbitration clauses, however. Financial institutions
On September 3, Judge Edmond E. Chang of the Northern District of Illinois issued a decision stating that the display of a series of letters and numbers – in which the debtor’s account number was allegedly embedded – through an envelope window does not violated the Fair Debt Collection Practices Act.
In Schmid v. Transworld