Lessons Learned and Best Practices in an Era of Heightened Government Scrutiny for the Industry October 29-30, 2015 – The Carlton Hotel – New York City We are pleased to announce that David N. Anthony, Partner at Troutman Sanders, will present “Protection of Consumer Financial Information Including Consumer Financial Privacy (FCRA and GLBA) Plus
CFPB Rolls Out Online Tools to Explain New Mortgage Disclosure Forms
Effective October 3, instead of providing consumers with Truth in Lending disclosures, Good Faith Estimates, and HUD-1 Settlement Statements, mortgage lenders must provide potential homebuyers with two new forms: a Loan Estimate and Closing Disclosure.
To help consumers understand the new “Know Before You Owe” mortgage forms, the Consumer Financial Protection Bureau has released
CFPB and DOJ Order Hudson City Savings Bank to Pay $27 Million to Increase Mortgage Credit Access in Communities Illegally Redlined
On September 24, the Consumer Financial Protection Bureau and the U.S. Department of Justice announced a proposed Consent Order with Hudson City Savings Bank, whereby the mortgage lender agreed to pay $27.5 million in direct loan subsidies and community outreach programs, as well as an additional $5.5 million civil penalty. The proposed Consent Order also
CFPB Appoints New Members to the Consumer Advisory Board, Community Bank Advisory Council, and Credit Union Advisory Council
On September 18, the Consumer Financial Protection Bureau announced the appointment of new members to the Consumer Advisory Board, Community Bank Advisory Council, and Credit Union Advisory Council.
“These advisory bodies play a crucial role in ensuring that the Bureau is addressing the wide variety of perspectives in the consumer financial marketplace,” said CFPB Director
Court of Appeals Revives Breach of Contract Claim Based on Alleged Violation of HUD Regulations
In Covarrubias v. CitiMortgage, Inc ., the plaintiff brought a lawsuit against CitiMortgage, claiming it improperly foreclosed on her home by failing to comply with U.S. Department of Housing and Urban Development regulations incorporated into her deed of trust. Specifically, she claimed CitiMortgage failed to conduct, or make a reasonable effort to conduct, a
FTC Urges Start-Ups to Incorporate Cybersecurity Early
The Federal Trade Commission is proactively encouraging start-ups to take cybersecurity seriously and include consumer data safeguards early in the innovation process. At the FTC’s Start with Security conference in San Francisco on September 9, FTC Chairwoman Edith Ramirez called on innovators to instill a “culture of security” early in the product development lifecycle.
In
Trade Groups’ Comment Letters Urge CFPB to Fix Complaint Database Before Trying to Normalize Data
In response to the CFPB’s request for information (RFI) regarding “best practices” for normalizing the data in the Consumer Complaint Database, issued on June 30, 2015, the American Bankers Association (ABA) submitted a comment letter that argues any efforts made by the CFPB to “normalize” data in its consumer complaints database – that is,
Florida Court Holds Substantial Compliance Is Sufficient for 30-Day Notice of Default
A Florida state court has weighed in on whether strict or substantial compliance is required when providing borrowers with a notice of default. In Green Tree Servicing, LLC v. Erin C. Milam et al., the Court has agreed with decisions from other states that a lender’s notice of default is sufficient when it substantially
Upsurge in Car Lending Sends Total Auto Debt Above $1 Trillion for First Time
The Federal Reserve Bank of New York released its Household Debt and Credit Report this month. The report, which uses anonymous credit data to generate a nationally representative sample, found that consumers’ overall indebtedness increased $2 billion to $11.9 trillion in the second quarter of 2015.
This number was aided by the increased number of
District Courts in New York Reject FDCPA Claims Based on Account Numbers Appearing on Envelope
Over the past two weeks, two separate federal district courts in New York held that having a consumer’s account number visible on the outside of an envelope containing letters from debt collection agencies does not, by itself, violate the FDCPA. In these cases, both Judge Colleen McMahon and Judge John Curtin, of the Southern