On February 19, Richard Cordray, Director of the Consumer Financial Protection Bureau, addressed the agency’s Consumer Advisory Board. In this speech, he highlighted the CFPB’s ongoing oversight of the credit reporting industry. He noted first that the three biggest credit reporting agencies maintain files on over 200 million consumers. These credit reports and scores
Maryland Seeks to Adopt Heightened Mortgage Servicing Transfer Regulations
Through March 2, 2015, the State of Maryland is accepting comments on its proposed regulations of mortgage servicing transfers that include over 5,000 mortgages, whether as a single transfer or as a total at the end of a calendar year even if no single transfer was for 5,000 or more loans. Although many of the
CFPB Proposes Rule to Temporarily Suspend Credit Card Agreement Submissions
On February 19, the CFPB proposed a rule that would suspend the requirement that creditors submit agreements for open-end consumer credit plans to the Bureau under section 1632(d) of the Truth in Lending Act and section 1026.58 of Regulation Z. The temporary suspension would last one year, making it applicable to the next three quarterly
CFPB Director Cordray Addresses National Association of Attorneys General
Several attorneys from Troutman Sanders attended this week’s meeting of the National Association of Attorneys General in Washington, during which Richard Cordray, Director of the Consumer Financial Protection Bureau and former Ohio Attorney General, provided an overview of the four obstacles that, in his view, “interfere with justice and dignity for consumers.” He referred to
NY Department of Financial Services Answers FAQs Regarding New Debt Collection Regulations
On February 19, 2015, the New York Department of Financial Services (DFS) issued guidance in the form of FAQs on its recently-enacted debt collection regulation (23 NYCRR 1). The guidance came in response to calls from many significant players in the debt collection industry – including ACA International – to explain certain groundbreaking aspects of
Consent Decree Between DOJ and “Buy Here, Pay Here” Auto Dealer Highlights Continued Focus on Intent-Based Lending Discrimination Claims
We’ve been reporting for almost two years now on federal regulators’ attempts to use an effects-based test for discrimination – disparate impact – to fundamentally alter the auto sales and finance industries, and how those efforts have consistently gained steam from late 2013 through to more recent times. We’ve also reported on challenges to
CFS Bloggers Present on TILA Loan Originator Compensation Rule
At the invitation of Thompson Reuters Legal Insights and Analytics, attorneys Maryia Jones, Jason Manning, and Paige Fitzgerald delivered a presentation on TILA’s loan originator compensation rule (the “Rule”), which remains one of the CFPB’s enforcement priorities and a focus of plaintiffs’ bar in private lawsuits. The presentation was delivered to an audience of mortgage
FTC’s Annual Summary Highlights Focus on Data Security
In order to assist the Consumer Financial Protection Bureau with its statutory obligation to report annually to Congress concerning the federal government’s efforts to implement the Fair Debt Collection Practices Act, the Federal Trade Commission submitted a summary of its own enforcement activities during 2014.
The FTC’s summary highlights not only the “aggressive law enforcement
Congress to Consider Installing Inspector General for CFPB
On February 12, Representative Steve Stivers (R-Ohio) reintroduced bi-partisan legislation that would require the Senate to confirm an independent inspector general for the Consumer Financial Protection Bureau, arguing it would provide greater oversight.
The Bureau of Consumer Financial Protection-Inspector General Act of 2015 (H.R. 957) is co-sponsored by Tim Walz (D-Minn.), Blaine Luetkemeyer (R-Mo.), and
CFPB Penalizes Mortgage Companies for Marketing Practices
On February 12, the Consumer Financial Protection Bureau announced that it had filed a complaint against one mortgage company, All Financial Services, and had entered consent orders against two others, Flagship Financial Group and American Preferred Lending, based on claims that the companies had deceptively implied that they were affiliated with the United States government.