Angela Kleine

Angela Kleine

Morrison & Foerster LLP

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CFPB Launches Official Inquiry Into Student Loan Servicing

The CFPB has announced an inquiry into student loan servicing practices. The inquiry includes a formal Request for Information from borrowers, institutions, financial service providers, and others, and call to borrowers to...more

5/19/2015 - CFPB Private Student Loans Student Loans Students

CFPB Ups the Ante in RESPA Crackdowns

On April 29, 2015, the CFPB, in conjunction with the Maryland Attorney General, filed six proposed consent orders—five of which are against individual defendants—in its latest RESPA enforcement action. The Bureau alleges that...more

5/4/2015 - C-Suite Executives CFPB Consent Order Kickbacks Mortgage Loan Officer RESPA Strategic Enforcement Plan Title Companies

Second Time’s the Charm? Supreme Court Takes Up Landmark FCRA Case to Address Whether Congress Can Create Standing

Zombie or no-injury plaintiffs seeking to represent zombie or no-injury classes are on the rise. In these suits, plaintiff was not injured, and there’s no way to prove who, if anyone, in the class was. Thomas Robins is one of...more

4/29/2015 - Article III Class Action FCRA Federal Jurisdiction Imminent Harm Private Right of Action SCOTUS Spokeo v Robins Standing Statutory Damages

CFPB Keeps its Sights on Military Mortgage Ads

The CFPB has announced another enforcement action targeting alleged deceptive mortgage advertising to veterans. The Bureau claims that the defendant lender targeted veterans with ads that falsely implied an affiliation...more

4/13/2015 - Advertising CFPB Military Service Members Mortgage Lenders Mortgages

April Fool’s – Not

On April 1st, the Bureau issued updated exam procedures on the new TILA and RESPA rules. They cover TILA RESPA Integrated Disclosures (applicable for exams after the August 2015 effective date), Higher-Priced Mortgage Loan...more

4/13/2015 - CFPB Integrated Disclosures RESPA TILA

CFPB Urges SCOTUS: Hands Off That FCRA Holding

Time to dust off those federal jurisdiction hornbooks! The Consumer Financial Protection Bureau (CFPB) and Office of the Solicitor General (collectively, “the government”) submitted an amicus brief to the Supreme Court in...more

4/4/2015 - CFPB Consumer Reports FCRA Hiring & Firing Petition for Writ of Certiorari SCOTUS Solicitor General Spokeo Spokeo v Robins Standing Websites

CFPB Seeks Comments on Consumer Credit Card Market

On Tuesday, March 17, the Consumer Financial Protection Bureau (CFPB) announced a “Request for Information Regarding Credit Card Market.” It follows the 2009 CARD Act’s requirement that the CFPB conduct a review of the...more

3/22/2015 - Ability-to-Repay CARD Act CFPB Consumer Credit Protection Debt Collection ECOA Request For Information UDAAP

Financial Services Report - Spring 2015

In This Issue: - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report - Privacy...more

3/10/2015 - Arbitration Banking Sector Consumer Financial Products FIRREA Mobile Banking Mortgages Payment Systems

Financial Services Report - Winter 2014

In This Issue: - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report - Privacy...more

12/19/2014 - Arbitration Banking Sector Banks Consumer Financial Products Dodd-Frank Fair Lending Federal Reserve Mobile Payments Mortgages Payment Systems Privacy Laws Regulation AA Structured Financial Products TCPA

D.C. Court Strikes Down HUD Disparate Impact Rule

The District Court of the District of Columbia has issued a decisive order vacating HUD’s 2013 Fair Housing Act disparate impact rule. The rule, as we’ve discussed, has always been based on a shaky legal foundation, but is...more

11/10/2014 - Discrimination Disparate Impact DOJ Fair Housing Act Fair Lending HUD

HMDA, HMDA, HMDA

The Bureau has released updated Home Mortgage Disclosure Act data, updating its massive database to include 17 million records from 2013. Anyone can now go to the website and slice and dice more than 130 million records to...more

11/7/2014 - CFPB HMDA Lending Mortgages Proposed Amendments Regulation C

Financial Services Report - Fall 2014

In This Issue: - Beltway Report - Bureau Report - Mobile and Emerging Payments Report - Mortgage and Fair Lending Report - Operations Report - Preemption Report - Privacy...more

9/18/2014 - Banking Sector Banks CFPB Data Breach Debt Collection Federal Reserve Lending Mortgages OCC Privacy Policy RESPA Robo-Signing TCPA Volcker Rule

No RESPA Respite - Continued

The CFPB continues to crack down on basic RESPA violations. On August 12, 2014, the CFPB announced yet another Consent Order with alleged violations of RESPA. In this case, an on-line retail mortgage company, the company’s...more

8/20/2014 - Amerisave CFPB Consent Order Disclosure Requirements Internet Retailers Mortgages RESPA Secured Lenders

CFPB Proposal Would Make 'HMDites' Of Us All

On July 24, the Consumer Financial Protection Bureau published long-awaited proposed revisions to its Home Mortgage Disclosure Act rules. The 573-page proposed rule would make sweeping changes to Regulation C, which...more

8/18/2014 - CFPB Compliance HMDA Mortgages Regulation C

Just When You Thought It Was Safe to Take a Summer Vacation: CFPB Proposes Extensive New HMDA Rules

Last Thursday, the Consumer Financial Protection Bureau (CFPB) published its long-awaited new proposed revisions to its Home Mortgage Disclosure Act (HMDA) rules. The 573-page proposed rules would make sweeping changes to...more

7/28/2014 - CFPB Compliance Fair Lending HMDA Mortgages Reporting Requirements

Takeaways From GE Capital's $225M Credit Card Settlement

Last week, the Consumer Financial Protection Bureau announced a $225 million settlement of two major credit card enforcement matters with Synchrony Bank, formerly known as GE Capital Retail Bank. First, the “add-on matter”...more

6/27/2014 - Banks CFPB Credit Cards Dodd-Frank Enforcement Actions Settlement UDAAP

The RESPA Respite Is Over

RESPA Section 8 enforcement is back. It was in abeyance during the transition of RESPA enforcement from HUD to the CFPB over the last few years. In fact, the last announced HUD Section 8 settlement dates from almost three...more

6/24/2014 - Enforcement Enforcement Actions HUD Mortgages RESPA TILA

CFPB & DOJ Consent Orders with Former GE Capital Retail Bank: Something Old and Something New

Yesterday, the CFPB announced a $225 million settlement of two major credit card enforcement matters with Synchrony Bank, formerly known as GE Capital Retail Bank. First, the “Add-On Matter” targets alleged deceptive...more

6/23/2014 - CFPB Consent Order Debt Collection Discrimination Dodd-Frank DOJ Enforcement Enforcement Actions GE Capital Retail Bank Marketing Racial Discrimination UDAAP Unfair or Deceptive Trade Practices

Financial Services Report, Summer 2014

In This Issue: - Beltway Report - Bureau Report - Mobile Payments - Mortgage and Fair Lending Report - Operations Report - Preemption Report - Privacy Report - Arbitration Report - TCPA...more

6/9/2014 - Banks Cybersecurity Data Protection Encryption Fair Lending FDIC FFIEC Financial Regulatory Reform Heartbleed Mobile Payments Mortgages OCC OIG Popular RESPA SCRA TCPA TILA Volcker Rule

The CFPB Targets Mortgage Reinsurance Yet Again

The Consumer Financial Protection Bureau filed an administrative enforcement action against PHH Corporation, alleging a nearly 15-year “mortgage insurance kickback scheme” by its mortgage origination and reinsurance...more

2/4/2014 - CFPB Compliance Enforcement Enforcement Actions Mortgages Reinsurance RESPA TILA

Financial Services Report - Quarterly News, Winter 2013

Editor’s Note - Stuff didn’t happen this quarter. Lots of it. The federal government didn’t happen for two weeks in October, which caused some to celebrate and others to wring their hands and clamor for a strong,...more

12/11/2013 - Affordable Care Act CARD Act HAMP Healthcare HMDA HOLA HUD

Interagency Fair Lending Guidance: A First Step, but in the Right Direction?

Five federal regulators, with HUD noticeably absent, issued the first interagency guidance on the much-debated intersection of fair lending enforcement and the Ability-to-Repay and Qualified Mortgage Standards Rule taking...more

10/29/2013 - Ability-to-Repay CFPB Fair Lending FDIC Federal Reserve Mortgages NCUA OCC Qualified Mortgage Rule

Financial Services Report - Quarterly News, Fall 2013

In This Issue: Beltway Report; Bureau Report; Privacy Report; Mobile Payments Report; Mortgage Report; Operations Report; Preemption Report; Arbitration Report; and TCPA Report. Excerpt from Beltway Report:...more

9/17/2013 - Arbitration EFTA Federal Reserve Mobile Payments Mortgages Preemption Privacy Policy TCPA

Supreme Court Takes Up Landmark Disparate Impact Case, Again, Over U.S. Objections

On June 17, 2013, the Supreme Court granted certiorari in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., No. 11-1507, to decide whether disparate impact claims are cognizable under the Fair Housing Act (“FHA”). It...more

6/20/2013 - Certiorari Discrimination Disparate Impact Eminent Domain FHA HUD Mount Holly v Mt. Holly Citizens in Action Redevelopment SCOTUS

HUD Issues Aggressive New Fair Housing Rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more

2/13/2013 - Burden of Proof Burden-Shifting Business Justification Discriminatory Effects Rule Disparate Impact FHA HUD

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