Charles Washburn, Jr.

Charles Washburn, Jr.

Manatt, Phelps & Phillips, LLP

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CFPB Releases Proposed Prepaid Product Rule

Why it matters - The Consumer Financial Protection Bureau (CFPB) released a proposed rule that Director Richard Cordray said would “fill key gaps” for consumers regarding prepaid products. The 870-page proposal would...more

12/17/2014 - American Express CFPB Credit Cards Prepaid Payment Products Savings Plans

CFPB’s Supervisory Highlights Document Mortgage, Student Loan Violations

Why it matters In the latest edition of The Bureau of Consumer Financial Protection (CFPB) Supervisory Highlights, the Bureau reported continuing violations in several markets. The Fall 2014 report, which covers...more

11/26/2014 - Audits CFPB Debt Collection Electronic Fund Transfer Act FCRA Information Reports Mortgage Servicers Popular Regulation E

Beware of Civil Copycat Suits Following Agency Enforcement Actions

Why it matters - Over the years, companies and individuals that have been the subject of enforcement actions by the Federal Trade Commission, state attorneys general, or other agencies have often found themselves on...more

11/13/2014 - CFPB Corporate Counsel Enforcement Actions FTC Mortgage Loan Originators Popular Putative Class Actions RESPA TILA

CFPB to Banks, Credit Unions: Don’t Use Credit Reports to “Blacklist” Consumers

Are banks and credit unions overusing credit reports to blacklist consumers from engaging in banking activities? Speaking at the Consumer Financial Protection Bureau’s (CFPB) Forum on Access to Checking Accounts,...more

10/29/2014 - Banks CFPB Credit Reports Credit Unions

CFPB Takes First Action Enforcing New Mortgage Servicing Rules

In its first action alleging violations of the new mortgage servicing rules, the Consumer Financial Protection Bureau (CFPB) ordered Flagstar Bank to pay a $10 million fine and provide $27.5 million to customers. ...more

10/27/2014 - CFPB Corporate Fines Enforcement Actions Flagstar Bank Mortgage Servicers Mortgage Servicing Rules

New DoD Regs to Protect Military Families May Have Broader Impact

In an effort to provide additional financial protections to military families, the Department of Defense (DoD) proposed amendments to its regulations that the agency said will “reduce predatory lending practices,...more

10/15/2014 - DOD Military Lending Act Military Service Members Mortgages Predatory Lending Proposed Amendments

Auto Finance Company to Pay CFPB $2.75M for Inaccurate Credit Report Info

The Bureau of Consumer Financial Protection (CFPB) took action against an automotive finance company for allegedly knowingly providing inaccurate information to credit reporting agencies about consumers for years, fining the...more

9/15/2014 - Automotive Loans CFPB Credit Reports

CFPB Opens Door for Prepaid Card, Nonbank Product Complaints

Expanding its collection of consumer complaints, the Consumer Financial Protection Bureau (CFPB) announced that it will now accept complaints regarding prepaid cards – including gift cards, benefit cards, and general purpose...more

8/18/2014 - Banks CFPB Compliance Nonbank Firms Prepaid Payment Products

New York AG, Capital One Agree On Credit Screening Changes

New York Attorney General Eric T. Schneiderman recently announced an agreement with Capital One Financial Corporation that will require the bank to adopt new policies regarding the screening of consumers seeking to open...more

7/25/2014 - Banks Capital One Checking Accounts Credit Checks Policies and Procedures Screening Procedures

Let’s Get Mobile: The CFPB Turns Focus to Mobile Banking

After completing most of its required rulemaking under the Dodd-Frank Act, the Consumer Financial Protection Bureau (CFPB) is now looking at a wide array of consumer financial products and services for additional regulation....more

7/8/2014 - Banking Sector Banks CFPB Data Breach Dodd-Frank Final Rules Mobile Banking Mobile Payments Popular Privacy Laws

FTC’s Data Broker Report: Transparency And Consumer Control

Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

6/23/2014 - Data Brokers Data Collection FTC Information Reports Transparency

CFPB Fines Real Estate Company $500,000 For RESPA Violations

The Consumer Financial Protection Bureau (CFPB) ordered the largest real estate company in Alabama to pay $500,000 for allegedly inadequate disclosures to consumers during the home-buying process....more

6/20/2014 - CFPB Disclosure Requirements Fraud Real Estate Market RESPA

CFPB Report Focuses On Nonbank Financial Institutions

A new report from the Consumer Financial Protection Bureau (CFPB) highlighted the agency’s supervisory efforts with regard to nonbank financial institutions like payday lenders, debt collectors, and consumer reporting...more

6/9/2014 - Automotive Loans CFPB Debt Collection Debt Collectors Nonbank Firms Payday Loans

FDIC Panel Considers Mobile Financial Services For Underbanked

How can financial institutions better serve underbanked individuals? - An advisory panel convened by the Federal Deposit Insurance Corporation (FDIC) met recently to discuss possible answers to this question....more

5/9/2014 - Banks FDIC Financial Products Mobile Banking Mobile Payments Payday Loans

Financial Services Law

Court: FTC Can Regulate Payday Lenders Affiliated With Indian Tribes - In what is being hailed by the Federal Trade Commission as a victory for regulators, a federal court judge in Nevada has ruled that the FTC has the...more

4/11/2014 - FTC Jurisdiction Payday Loans Tribal Loans

Financial Services Law

D.C. Circuit Court Upholds Fed’s Debit Card Fee Cap, Antiexclusivity Rules - Dealing a blow to merchants nationwide, the D.C. Circuit Court of Appeals reversed a lower court and upheld the rules promulgated by the...more

3/28/2014 - CFPB Debit Cards Exclusive Dealing Agreements Fees Financial Regulatory Reform IRS Loans Predatory Lending Student Loans

Financial Services Law - Mar 14, 2014

State and Federal Lawmakers, Chair of Fed Weigh in on Regulation of Virtual Currency - The New York Department of Financial Services issued an order on Wednesday that it will immediately start accepting applications...more

3/14/2014 - Anti-Money Laundering Bank Secrecy Act Bitcoins CFPB Chadbourne & Parke LLP v Troice Class Action Compliance Credit Cards Credit Reports Ponzi Scheme SCOTUS SLUSA Virtual Currency

Financial Services Law - Feb 28, 2014

Light ’em Up: FinCEN’s Cautionary Guidance About Banks Working With Marijuana Companies - The Financial Crimes Enforcement Network’s new guidance on how to work with marijuana-related businesses is unlikely to make it...more

2/28/2014 - Bank Secrecy Act Banks Bitcoins FinCEN Marijuana Suspicious Activity Reports Virtual Currency

Financial Services Law - Feb 14, 2014

Bit by Bit(coin), Virtual Currency Inches Toward Regulation - Has the time come to regulate virtual currency? At a recent hearing held by the New York Department of Financial Services, the answer appeared to be “yes.”...more

2/14/2014 - Banks Bitcoins FDIC Financial Regulatory Reform OCC Virtual Currency Volcker Rule

Financial Services Law - Feb 10, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far...more

2/11/2014 - American Express Antitrust Litigation Banks Class Action Deposit Advances FDIC Fees MasterCard Prepaid Payment Products Toys R Us Visa Inc Visas

Financial Services Law - Jan 30, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far...more

1/31/2014 - Antitrust Litigation Banks Business Judgment Rule Class Action Deposit Advances Directors FDIC Fees MasterCard Merchant Fees Payday Loans Settlement Visa Inc

Financial Services Law -- Jan 17, 2014

Community Banks and the Volcker Rule: What’s Next? - For now, banks that have investments in CDO securities that are issued by funds that are invested in trust preferred securities (TruPS CDOs) have dodged a bullet. On...more

1/17/2014 - Arbitration Banking Sector Car Loans CFPB Collateralized Loan Obligations Community Banks Covered Entities Dodd-Frank DOJ Fair Lending FFIEC Financial Companies Mandatory Arbitration Clauses Social Media Trust Preferred Securities Volcker Rule

Advertising Law -- Jun 07, 2013

SPECIAL FOCUS: CFPB - The Dodd-Frank Act provides that the Consumer Financial Protection Bureau ("CFPB") may take action against certain persons who engage in unfair, deceptive or abusive acts or practices....more

6/10/2013 - CFPB Class Action Dodd-Frank False Advertising Kohls Papa John's International Personally Identifiable Information Pinterest Right of Publicity Social Media TCPA Twitter Unfair or Deceptive Trade Practices Wine & Alcohol

Advertising Law -- May 23, 2013

SPECIAL FOCUS: CFPB - On May 9, 2013 the Federal Trade Commission sent a letter to the Bureau of Consumer Financial Protection (“CFPB”) that describes its enforcement actions and other activities during 2012 with...more

5/24/2013 - Advertising CFPB Consent False Advertising FCRA FTC Google Settlement T-Mobile TCPA

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