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
Ethan G. Ostroff
Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their business cycle.
Join us at the American Conference Institute’s 23rd National Conference on Consumer Finance Class Actions & Litigation
Expert strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions and examinations in the consumer finance industry
Monday, July 27 to Tuesday, July 28, 2015
The Omni Hotel on the Magnificent Mile, Chicago, IL
On behalf of Troutman Sanders you will receive a discount off the standard registration cost…
Georgia Enacts New Consumer Reporting Law
Effective, July 1, 2015, Georgia HB 328 creates protections to consumers similar to those found in the federal Fair Credit Reporting Act (FCRA).
Specifically, the law amends Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the “Fair Business Practices Act of 1975,” by adding a…
FTC Sending Nearly $4 Million to Consumers Extorted in Credit Card Debt Collection Scam
As we discussed last year, the Federal Trade Commission announced in May 2014 that it settled charges against Asset Capital and Management Group for illegally extracting payments from consumers for credit card debt that it had purchased from creditors.
In addition to banning the defendants – which includes individuals behind the scheme, a network …
CFPB Sharpens its Scalpel in $5.9 Million Enforcement Action Against Medical Debt Collector Involving Mishandling of Credit Reporting Disputes
On June 18, the Consumer Financial Protection Bureau filed a consent order and announced an enforcement action against a company specializing in medical debt collection for mishandling consumer credit reporting disputes and preventing consumers from exercising important debt collection rights. The CFPB is ordering the company to provide over $5.4 million in relief to harmed…
TransUnion Study Finds Student Loan Debt is Not Inhibiting Younger Consumers’ Access to Credit
Despite the rise in student loan balances over the past decade, a new TransUnion study found that student loan obligations have not inhibited younger consumers’ ability to access and repay other consumer credit categories, such as auto loans and mortgages, when compared to their peers without student loans.
According to TransUnion, this is contrary …
Illinois Court Rejects Notion That System With Capacity to Use Dialer is ATDS
In Modica v. Green Tree Servicing, LLC, the Northern District of Illinois limited the scope of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act. Judge Zagel found that a system requiring an agent to manually access a consumer’s telephone number from a computer server and then “click” to …
CFPB Director Cordray Addresses “Serious Misunderstanding” About Three-Day Requirement, Reiterates CFPB Will Not Voluntarily Change August 1 Effective Date for TILA-RESPA Integrated Disclosure Rule
In a speech made on May 12 to the National Association of Realtors, Consumer Financial Protection Bureau Director Richard Cordray addressed questions surrounding the three-day requirement of the TILA-RESPA Integrated Disclosure Rule (“TRID”) and said it “should not interfere with a successful closing, as some have claimed. In fact, there has been some serious misunderstanding …
CFPB Extends CARD Act Comment Period Regarding Four Areas of Interest
As we discussed in March, the Consumer Financial Protection Bureau is soliciting public comment on how the credit card market is functioning and the impact of credit card protections on consumers and issuers.
To allow interested persons additional time to consider and submit their responses, the CFPB announced it is extending the comment period on…
CFPB Updates Examination Procedures For TILA-RESPA Integrated Disclosures
On May 4, the Consumer Financial Protection Bureau revised its mortgage origination examination procedures to provide guidance on how it will conduct compliance exams for the TILA-RESPA integrated disclosures that become effective on August 1, 2015.
The CFPB has revised version 2.0 of its Supervision and Examination Manual numerous times since it was released on…