California Attorney General Kamala Harris released a report on October 28 on the growing threat of data breaches on California residents. According to the report, data breaches in California jumped 28 percent last year, from 131 reported incidents in 2012 to 167 in 2013. The breaches affected 18.5 million Californians by putting their personal information
CBO Releases Cost Estimates for Financial Regulatory Clarity Act
On October 17, the Congressional Budget Office responded to a request from the House Financial Services Committee and issued certain cost estimates associated with the implementation of the proposed “Financial Regulatory Clarity Act of 2014.” Specifically, the CBO estimated that the bill would cost the Consumer Financial Protection Bureau $7 million between 2015 and 2024,
FDIC Reaches Settlement with Merrick Bank for Credit Card Add-On Charges
The Federal Deposit Insurance Corporation has ordered Merrick Bank to pay $16.1 million to settle charges related to the marketing of a credit card add-on product. According to the terms of the settlement agreement, Merrick will pay a $1.1 million penalty and $15 million in restitution costs stemming from violations of the Federal Trade Commission
Minnesota AG Files Suit Against Texas Credit Card Firm
On October 15, Minnesota’s attorney general sued a Texas credit card processor, accusing the Apex Merchant Group (“Apex”) of using bait and switch tactics to rip off small businesses. Apex allegedly promised small businesses it could save them money on credit card processing services, then hit them with higher undisclosed fees.
According to Minnesota Attorney
CFPB Scrutinizes Checking Account Screening
The Consumer Financial Protection Bureau will review how credit unions and banks use reporting agencies to screen members when they open a checking account, according to CFPB Director Richard Cordray’s remarks at an October 8 forum in Washington. The CFPB is concerned about the accuracy of reports from these databases, whether customers can access and
CFPB Announces Project Catalyst Research Initiative on Credit Counseling
On September 25, the Consumer Financial Protection Bureau announced a Project Catalyst research pilot to examine the effectiveness of early intervention credit counseling for consumers who are at risk of default on their credit card debt. The project is aimed at exploring ways to help consumers better manage their credit card debt and avoid default.
New Debt Collection Rules Announced for New York State Courts
New York Court administrators recently announced new rules impacting cases involving debt collector-plaintiffs with certain debt claims against consumers. As we discussed on May 7th when the proposed rules were announced, the new rules place a higher burden of proof on debt collector-plaintiffs to establish chain of title and that they actually own the debt
Minnesota Federal Court Allows Class Action Involving Money-Saving Memberships to Proceed
On September 24, a federal judge in Minnesota declined to dismiss a proposed class action alleging that Sempris LLC (“Sempris”) sold “memberships” in supposed money-saving programs that instead resulted in illegal, unauthorized monthly credit card charges.
The plaintiff, a Georgia resident, alleges Sempris, which operates “membership loyalty programs” that offer discounts and coupons, was responsible
Ninth Circuit Rejects Federal Jurisdiction in Credit Card Fee Suit
On August 1, the United States Court of Appeals for the Ninth Circuit issued an opinion rejecting federal jurisdiction under the Class Action Fairness Act (CAFA) and the National Banking Act for a lawsuit filed by the Attorney General of Hawaii on behalf of state residents (sometimes called a parens patriae suit) against financial companies
GAO Insists That CFPB Must Improve Financial Data Security
According to a recent study by the U.S. Government Accountability Office, the financial data gathered by the Consumer Financial Protection Bureau on 25 million to 75 million U.S. credit cardholders is not safe enough. As part of its government mandate, the GAO examined laws, regulations, and contracts pertaining to the CFPB’s data collection methodologies, risk