In an amicus brief filed last week in the U.S. District Court for the District of Kansas, Oklahoma Attorney General Mike Hunter assailed the expansive interpretation of enforcement powers against state and tribal sovereigns adopted by the Consumer Financial Protection Bureau. The case is CFPB v. Golden Valley Lending, Inc., et al., No. 2:17-cv-02521
Tax Preparation Firm Settles FTC Claims Flowing from Data Breach
On November 8, the Federal Trade Commission announced that it had approved a final order settling claims arising out of a data breach at Georgia-based tax preparation firm TaxSlayer, LLC.
In late 2015, hackers hit TaxSlayer with a “list validation” or “credential stuffing” attack. With that type of attack, hackers attempt to use login credentials
Cordray Discusses CFPB’s Priorities During November Consumer Advisory Board Meeting
On November 2, Consumer Financial Protection Bureau Director Richard Cordray delivered remarks during the Consumer Advisory Board meeting in Tampa. Cordray’s public pronouncements reflect and foreshadow the CFPB’s regulatory priorities, and his recent comments indicate the CFPB’s focus on reverse mortgages, consumers with limited English proficiency, and short-term loans.
Cordray mentioned the CFPB’s recently-released report
CFPB Issues Interim Final Rule Amending Time Requirement for Servicers to Send Subsequent Early Intervention Notices
On October 4, the Consumer Financial Protection Bureau issued an interim final rule which will amend a portion of the 2016 Mortgage Servicing Final Rule for Regulation X of the Real Estate Settlement Procedures Act. Specifically, the interim rule will amend the amount of time mortgage servicers have under amended § 1024.39(d)(3)(iii) to “provide modified
President Trump Officially Kills Arbitration Rule
On November 1, President Donald J. Trump signed a resolution passed by Congress to nullify the Consumer Financial Protection Bureau’s Arbitration Rule. As we reported here, the Senate narrowly passed a resolution to repeal the Rule in late October, ensuring that the controversy would make its way to the President’s desk. Trump’s signature ensures
Join Us on November 27 for an ABA Webinar – Defending Consumer Protection Actions on Multiple Fronts: Coordinating Joint CFPB and State AG Investigations and Settlements
We are pleased to announce that Troutman Sanders partner Ashley Taylor will moderate a webinar panel discussion hosted by the American Bar Association on “Defending Consumer Protection Actions on Multiple Fronts: Coordinating Joint CFPB and State AG Investigations and Settlements.” The event will take place on November 27, 2017 from 1:00 – 2:30 p.m. ET.
Join Us on November 9 for the VBA Administrative Law Conference
We are pleased to announce that Troutman Sanders partner Ashley L. Taylor, Jr. will be moderate a panel at the Virginia Bar Association’s 23rd Annual Administrative Law Conference at the Troutman Sanders Richmond Office on November 9, 2017.
Ashley will moderate a panel entitled, “The New Look of Financial Regulation,” where the panelists will discuss
Congress Kills CFPB’s Arbitration Ban for Financial Services Companies, Returning Focus to State v. Federal Court Wars
On Tuesday, October 24, 2017, the Senate voted to nullify the Consumer Financial Protection Bureau’s (“CFPB”) arbitration rule (the “Rule”) in a 51-50 vote. Only two Republicans voted against the measure – Lindsey Graham (SC) and John Kennedy (LA). President Trump praised the vote, saying that he will sign the resolution when it reaches his
U.S. Treasury Criticizes Arbitration Rule
On October 23, the U.S. Department of the Treasury released a report objecting to the Consumer Financial Protection Bureau’s arbitration rule. As we previously reported, the rule prevents class action waivers in arbitration provisions for covered entities and also requires covered entities to provide information to the Bureau regarding any efforts to compel arbitration.
CFPB Rule Requires Payday Lenders to Apply “Ability to Repay” Standard to Loans
Today the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued a new rule that will have a significant impact on the payday lending market. The CFPB will now require lenders to conduct a “full-payment test” to determine upfront whether the borrower will have the ability to repay the loan when it becomes due. Lenders