Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
CCN and Troutman Sanders have created a seminar filled with rich and relevant content designed to meet the challenges of collecting in today’s economy, given the highly-regulated nature of the debt collection industry.…
On February 4, 2014, the United States Court of Appeals for the Ninth Circuit reversed the decision of the district court, which had previously dismissed a lawsuit under the Fair Credit Reporting Act (FCRA) due to the plaintiff’s lack of Article III standing. If adopted more widely, the Ninth Circuit’s decision could create an additional…
Following up its settlement with two automotive dealers in September 2013, the Federal Trade Commission (FTC) has continued its nationwide targeting of misrepresentations made in print, Internet and video advertisements that relate to the sale, financing and leasing of motor vehicles. The FTC alleged that these dealers’ advertisements falsely led consumers to believe they could…
Most of the CFPB’s new mortgage rules take effect today, January 10, 2014. The CFPB has rejected congressional and financial industry’s repeated calls for a one-year mortgage regulation delay. However, Director Cordray expressed that, at least in the early days, the CFPB’s examiners will not be looking for compliance perfection but for a good faith…
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The Consumer Financial Protection Bureau (CFPB) released a new rule on November 20, 2013, requiring simpler and more streamlined “Know Before You Owe” mortgage disclosure forms. The streamlined forms are designed to facilitate comparison shopping by consumers, to provide a more informed understanding of the fees and monthly payments associated with a potential loan, and…
Few U.S. Supreme Court consumer protection cases over the past year were as closely watched and anxiously anticipated as Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Scheduled for oral argument on December 4, with a decision anticipated sometime in mid-2014, the housing discrimination case drew attention from cautious onlookers from many…
On November 6, 2013, the Consumer Financial Protection Bureau (CFPB) issued an Advance Notice of Proposed Rulemaking (ANPR) directed at the debt collection industry. The CFPB is seeking comments, data and information from the public regarding a variety of rules proposed to govern collection agencies as well as first-party debt collectors, such as banks and…
On the heels of the release of the final amendments to its new mortgage rules, the CFPB issued a bulletin and interim final rule giving mortgage servicers additional guidance about mortgage servicing rules that will take effect in January 2014. The CFPB’s latest guidance addresses, among other things, communications with family members after a borrower…
In conjunction with its recent $389 million joint enforcement action with the CFPB against a national bank (the Bank), the Office of the Comptroller of the Currency (OCC) issued a sweeping, 58-page consent order that may serve as a potential template for future regulation of certain debt-collection practices throughout the debt collection-agency, debt-buying, and first-party…
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