- On March 2, Chairman of the House Financial Services Committee Patrick McHenry (R-NC) and Senator
California Federal Court Partially Denies Motion for Judgment on the Pleadings in FDCPA and TCPA Case Over Collection Texts
A district court in the Northern District of California recently denied in part a motion for judgment on the pleadings in a case alleging violations of the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Act involving collection texts sent to a consumer.
CFPB Takes Aim at Fees and Customer Service Issues for Prepaid Cards that Deliver Public Assistance Benefits
On March 1, the Consumer Financial Protection Bureau (CFPB) issued an issue spotlight highlighting concerns about prepaid card programs for accessing public assistance benefits. In particular, the spotlight notes “specific recurring issues” related to cash assistance benefits including Social Security, Temporary Assistance for Needy Families (TANF), and unemployment benefits that are provided on prepaid cards.
DOJ’s Combatting Redlining Initiative Continues With $9 Million Settlement With Park National Bank
On February 28, the U.S. Department of Justice (DOJ) announced its sixth redlining settlement under its Combatting Redlining Initiative. This most recent case involves an agreement between the DOJ and Ohio-based Park National Bank to resolve allegations that the bank failed to provide mortgage loans by redlining majority-Black and Hispanic neighborhoods in the Columbus, Ohio
CFPB Issues Analysis on Consumers of Buy Now, Pay Later Products
As we reported here, late last year, the Consumer Financial Protection Bureau (CFPB) signaled that it planned to increase scrutiny of the Buy Now, Pay Later (BNPL) industry and issued its first report about BNPL. Yesterday, the CFPB issued a report exploring the financial profiles of BNPL borrowers. According to the CFPB, on average,
FinCEN Warns of Surging Check Fraud
On February 28, the Financial Crimes Enforcement Network of the U.S. Department of Treasury (FinCEN) issued an alert warning financial institutions to be vigilant in identifying and reporting check fraud schemes targeting the U.S. Mail. The alert was prompted by a nationwide surge in such activity. In 2021, FinCEN saw a 23% increase in the
Illinois Becomes Latest State to Introduce Small Business Truth in Lending Act
On February 16, Illinois State Representative Hoan Huynh (D) introduced HB3064, the Small Business Truth in Lending Act, that would impose certain mandatory disclosure requirements for commercial financing transactions and require registration of small business finance companies and brokers. Illinois follows the lead of states such as New York, California, Utah, and Virginia which
Arizona Court of Appeals Narrows Statute of Limitations Application
The Arizona Court of Appeals recently clarified how the state’s debt collection statute of limitations applies to debt created by a land sale contract.
Arizona has a six-year statute of limitations to enforce installment debt created by a written contract, which is codified at A.R.S. § 12-548. A lender must enforce the debt through foreclosure
NY Court of Appeals Clarifies 90-Day Foreclosure Notice Issues In New York
On February 14, 2023, the New York Court of Appeals overturned the Appellate Division, Second Department’s Kessler decision, which had applied a strict application of Real Property Actions and Proceedings Law § 1304, also known as a 90-day notice. In 2017, the Lender moved for summary judgment against Mr. Kessler on its foreclosure complaint. Mr.
The CFPB and FTC Continue to Focus on Tenant Screening
On February 28, the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) jointly issued a Request for Information, seeking public comment on how background screening affects individuals seeking rental housing in the United States. Specifically, the Request seeks information on the use of consumer reports and credit scores, criminal and eviction records, and