On December 9, the Consumer Financial Protection Bureau (CFPB or Bureau) announced the launch of a rulemaking process addressing credit reporting on survivors of domestic violence, elder abuse, and other forms of financial abuse.
October 2024 Consumer Litigation Filings: Everything Up
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA), and complaints filed with the Consumer Financial Protection Bureau (CFPB) were up for the month. Year-to-date everything is up compared to 2023.
September 2024 Consumer Litigation Filings: Mostly Down for Month But Still Up YTD
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA) were down for the month. Yet, complaints filed with the Consumer Financial Protection Bureau (CFPB) were up. Year-to-date everything is up compared to 2023. CFPB complaints are up by a whooping 110.6%!
NCUA Issues Guidance to Federal Credit Unions on Overdraft and NSF Fee Practices
On December 10, the National Credit Union Administration (NCUA) issued a letter to all federally insured credit unions, highlighting the risks associated with certain overdraft and non-sufficient funds (NSF) fee practices. The letter emphasizes the potential harm to consumers and the heightened risks to credit unions, including reputational, consumer compliance, third-party, and litigation risks, resulting
FTC Distributes $540,000 in Refunds to Victims of Deceptive Debt Collection Scheme
On December 10, the Federal Trade Commission (FTC) announced that it is distributing more than $540,000 in refunds to victims of an abusive debt collector group. The debt collectors allegedly threatened consumers with lawsuits or arrest for debts that they might not have even owed.
Google Challenges CFPB’s Supervisory Designation
On December 6, the Consumer Financial Protection Bureau (CFPB or Bureau) announced an order asserting supervisory authority over Google Payment Corp. (GPC), a subsidiary of Google LLC. This decision was based on alleged “risks to consumers” associated with GPC’s retired peer-to-peer (P2P) payment product. The CFPB’s order, however, does not assert that GPC violated any laws or engaged in wrongdoing. Instead, it relies on a relatively small number of unverified consumer complaints to justify future examinations, even though GPC stopped offering the product.
Troutman Pepper Weekly Consumer Financial Services Newsletter – December 10, 2024
To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week:
OCC Releases Updated UDAAP Supervision and Examination Procedures Booklet
On December 3, the Office of the Comptroller of the Currency (OCC) issued version 1.1 of the “Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or Practices” booklet of the Comptroller’s Handbook, also known as the UDAAP booklet. The UDAAP booklet was last updated in June 2020.
Texas Federal Court Denies CFPB’s Motions and Finds Plaintiffs Likely to Succeed on the Merits in Significant Credit Card Late Fee Rule Decision
In a significant development in the ongoing litigation over the Consumer Financial Protection Bureau’s (CFPB or Bureau) Final Rule on credit card late fees, the U.S. District Court for the Northern District of Texas denied the CFPB’s motions to dismiss the Fort Worth Chamber of Commerce, transfer the case to the District of Columbia, and dissolve the preliminary injunction. This ruling follows the court’s earlier request for further briefing on the issue of associational standing, as discussed in our prior blog post, here.
CFPB Finalizes Rule on Federal Oversight of Digital Payment Apps
Late last year, we discussed the Consumer Financial Protection Bureau’s (CFPB or Bureau) proposed rule aimed at supervising larger technology companies offering digital wallets and payment apps. On November 21, the CFPB finalized this rule, which will bring significant changes to the oversight of nonbank digital payment companies. This final rule is set to take effect 30 days after its publication in the Federal Register.