On February 25, the Superintendent of the New York Department of Financial Services (“DFS”), Benjamin M. Lawsky, spoke at Columbia Law School regarding the increased role of states as regulators, especially in the case of emerging risks such as cybersecurity. The speech, titled “Financial Federalism: The Catalytic Role of State Regulators in a Post-Financial Crisis
Eleventh Circuit Upholds Summary Judgment in Favor of Credit-Card Account Servicer in FSCA Action
On March 3, the Eleventh Circuit Court of Appeals, in Stalley v. ADS Alliance Data Systems, Inc., No. 14-10872, held that a servicer of credit card accounts did not violate the Florida Security Communications Act (FSCA) when it recorded conversations with consumers in the ordinary course of business without the consent of all parties.
In
CFPB Proposes Rule to Temporarily Suspend Credit Card Agreement Submissions
On February 19, the CFPB proposed a rule that would suspend the requirement that creditors submit agreements for open-end consumer credit plans to the Bureau under section 1632(d) of the Truth in Lending Act and section 1026.58 of Regulation Z. The temporary suspension would last one year, making it applicable to the next three quarterly
Retailers Lodge Constitutional Challenge to Florida Credit Card Law
On February 11, a group of Florida retainers, including a jewelry store and hobby shop, filed an appeal before the Eleventh Circuit Court of Appeals that, in part, challenges Florida’s law prohibiting merchants from charging “swipe fees” on credit card sales. According to the retailers, the state law is unconstitutional and violates the First Amendment
Pennsylvania AG Announces $10 Million Settlement with Payday Lender
On February 11, Pennsylvania Attorney General Kathleen Kane announced that payday lender Advance America Cash Advance Centers Inc. will pay $10 million to settle claims that it hid allegedly sky-high interest rates from consumers in violation of state law.
In a lawsuit against Advance America, Kane alleged that the company offered a loan product it
AG Madigan Testifies Before Congress on Federal Data Breach Law and Argues Against Preemption
On February 5, Illinois Attorney General Lisa Madigan testified before the U.S. Senate, calling on Congress to enact a strong, meaningful federal data breach notification law, while at the same time lobbying Congress to avoid preempting states from enforcing their own data protection laws.
Before the Senate’s Subcommittee on Commerce, Science and Transportation in a
CFPB Agrees to Consent Order with Texas Company that Issued Sham Credit Cards
On February 3, 2015, the Consumer Financial Protection Bureau asked a federal district court to enter a consent order that would permanently ban a Texas company, Union Workers Credit Service, from offering any credit products or services after it duped thousands of consumers into signing up for a sham credit card. The CFPB claims that
Container Store Shelves Class Action Suit with Settlement
The plaintiffs in a putative class action accusing The Container Store Inc. of retaining the ZIP codes of credit card-paying customers have asked a Massachusetts federal judge to grant final approval to a class action settlement.
Plaintiffs and class representative Judith Monteferrante sued the chain in June 2013, alleging it illegally requested and kept the
FCC Creates Portal for TCPA Complaints and Beyond
On January 5, the Federal Communications Commission announced that it was creating a new complaint portal. As shown on the FCC form for complaints, which can be found here (Word format) and here (.pdf), this portal is very much designed to capture complaints arising from the Telephone Consumer Protection Act (TCPA) and, specifically, automatic telephone
Supreme Court Rejects Retailers’ Appeal on Debit Card “Swipe Fees”
On January 20, the U.S. Supreme Court declined to take up a challenge by retailers to the Federal Reserve’s controversial rules for debit card “swipe fees,” effectively ending their fight over the Dodd-Frank Act’s Durbin amendment. The court’s rejection of the appeal means a March 2014 ruling by the U.S. Court of Appeals for the