On April 9, PayPal Holdings Inc. (“PayPal”) issued a regulatory filing indicating that it may soon face a lawsuit from the Consumer Financial Protection Bureau. The CFPB is targeting the activities of PayPal’s payments service, which lets consumers buy products before paying for them. In August 2014 and January 2015, the CFPB requested
CFPB Managing Regulatory Counsel Provides Update on Debt Collection Rulemaking
On April 17, Tom Pahl, managing regulatory counsel for the Consumer Financial Protection Bureau Office of Regulations, spoke at ACA International’s Washington Insights Conference about the CFPB’s debt collection rulemaking. According to Pahl, the CFPB currently is focusing on four debt collection related topics for its proposed rulemaking:
- Communication issues;
- Data integrity and information issues;
Data Breach Bill Passes House Committee
On April 15, the House Energy and Commerce Committee approved the Data Security and Breach Notification Act by a 29-20 vote. The bill, H.R. 1770: The Data Security and Breach Notification Act of 2015, was initially backed by Rep. Peter Welch (D-VT) and Rep. Marsha Blackburn (R-TN) but passed along party lines.
The legislation
CFPB Temporarily Suspends Requirement of Quarterly Submission of Card Agreements
On April 15, the Consumer Financial Protection Bureau issued a final rule suspending for one year the requirement under the Truth in Lending Act and implemented by Regulation Z that credit card issuers submit their card agreements to the CFPB on a quarterly basis. The CFPB publishes the agreements to a public database on its
Missouri Judge Grants Summary Judgment in Favor of Debt Collector
On April 13, Judge Beth Phillips, a federal judge in the Western District of Missouri, granted summary judgment in favor of Credit World Services, Inc. (“CWS”) in a case filed by a consumer that owed a debt to CWS (full opinion found here). In the lawsuit, Plaintiff alleges that CWS violated the Fair
FACTA Class Action Filed Against Wisconsin Indian Tribe
On April 14, a putative class action was filed in Wisconsin federal court against the Oneida Tribe of Indians of Wisconsin, claiming that they failed to comply with the credit card receipt truncation requirement of the Fair and Accurate Credit Transactions Act (“FACTA”). According to the named plaintiff, the Oneida Tribe included more than the
Virginia Hops on the “Ban the Box” Wagon for State Employee Hiring
Virginia Governor Terry McAuliffe added Virginia to the growing list of states “banning the box” regarding criminal history on state employment applications. Given the growing list of state and even local legislation regarding applicants’ criminal histories, employers must be vigilant to ensure their employment processes comply with these multiple layers of restrictions.
On April 3,
CFPB Meeting on Consumer Reporting Scheduled for April 22, 2015
On April 6, the Consumer Financial Protection Bureau announced its next Community Bank Advisory Council meeting, which will be held at 3:00 p.m. EDT on April 22 in the CFPB’s offices at 1275 First Street, N.E., in Washington, D.C. The meeting will focus on credit scores and consumer reporting as well as implications for small
WVCCPA Amendments Signed into Law by Governor Tomblin
On Tuesday, March 31, 2015, Governor Tomblin signed into law Senate Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The bill will be effective on June 12, 2015, however, certain provisions of the bill become applicable only to actions filed after September 1, 2015. The amendments will have
CFPB Releases “Your Home Loan Toolkit”
As part of its “Know Before You Owe” mortgage initiative, the Consumer Financial Protection Bureau released a guide to assist consumers through the process of shopping for a mortgage and buying a house. The Toolkit is designed to help consumers take advantage of the new Loan Estimate and Closing Disclosure forms that lenders are required