Benjamin Saul

Benjamin Saul

White & Case LLP

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Latest Publications


Translating the success of UK fintech measures to the US

The successful growth of fintech within a region depends on myriad factors, but an unquestionably material one is the regulatory environment. Regulatory regimes that foster innovation and exercise oversight in a purposeful,...more

8/10/2016 - APIs Banking Regulators Banks CFPB Financial Conduct Authority (FCA) Financial Services Industry FinTech HM Treasury Innovation International Banks No-Action Letters OCC Popular Prudential Regulation Authority Standard Chartered Bank UK

CFPB Opts to Split Debt Collection Rulemaking Process

On July 28, 2016, the Consumer Financial Protection Bureau (“CFPB”) released a partial outline of debt collection proposals under consideration (“Proposals”), focusing on the third-party debt collection industry. Despite the...more

8/5/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Banks CFPB Creditors Debt Collection Disclosure Requirements FDCPA SBREFA Third-Party Service Provider Time-Barred Debt UDAAP

CFPB: The Quarterly Review - July 2016

In This Issue: •The CFPB Speaks •Rulemaking •Debt Collection •Payday Lending •Mortgages •Upcoming in 2016 - In the second quarter of 2016, the CFPB continued its strong pace of activity, initiating two...more

7/22/2016 - Administrative Authority Automotive Loans CFPB Class Action Arbitration Waivers Debt Collection Enforcement Actions Fair Lending FDCPA Gramm-Leach-Blilely Act Mortgages NPRM Payday Loans Regulatory Agenda Richard Cordray SBREFA Spokeo v Robins Title Reports UDAAP

Madden Uncertainty Remains for Secondary Loan Market

The US Supreme Court last week delivered another blow to the unsteady secondary loan market industry by denying a request for certiorari in an important case for banks and buyers and sellers of loans and other debt...more

7/11/2016 - Banking Sector Choice-of-Law Credit Cards Debt Buyers Federal v State Law Application Interest Rates Madden v Midland Funding National Bank Act OCC Petition for Writ of Certiorari Preemption Secondary Markets Solicitor General Usury

CFPB Proposes Framework For Payday, Title and Other Installment Loans

On June 2, 2016, the Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) released a 1,340-page Notice of Proposed Rulemaking on short-term lending (the “Proposal”). Our initial, high-level observations on the...more

6/13/2016 - CFPB Dodd-Frank Installment Agreements Lenders NPRM Payday Loans Short-Term Loans UDAAP

Marketplace Lending Update: Recent Developments Place Pressure on Industry

Following a spate of heightened regulatory, enforcement and legislative scrutiny, investor concerns around industry practices, and bad press, the marketplace lending industry is at a crossroad. Some companies will...more

5/25/2016 - Bad Actors Capital Markets CFPB DOJ Fair Lending Financial Regulatory Reform FinCEN GAO Investors Loan Servicing Madden v Midland Funding Online Marketplace Lending SEC U.S. Treasury

CFPB Proposes Ban on Class-Action Limitations in Arbitration Agreements

On May 5, 2016, the Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) issued a long anticipated Notice of Proposed Rulemaking for arbitration agreements (the “Proposal”) that, if finalized as proposed, is...more

5/19/2016 - Arbitration Agreements CFPB Class Action Dodd-Frank Non-Delegation Doctrine NPRM Pre-Dispute Arbitration SBREFA

CFPB: The Quarterly Review - April 2016

If the first quarter is any indication, 2016 is going to be a busy year for the CFPB and market participants alike. The CFPB Speaks - Regulation by enforcement - On March 9, during his prepared remarks to...more

4/29/2016 - Automotive Loans Banks CFPB Consumer Complaint Database Corporate Counsel Data Privacy Debt Collection Deposit Accounts DOJ Enforcement Actions FDCPA HELP Act Lenders Military Service Members Mortgages No-Action Letters Popular UDAAP Young Lawyers

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