Courtney Gilmer

Courtney Gilmer

Baker Donelson

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Supreme Court Reshapes Consumer Financial Law with Two Recent Decisions

The Supreme Court issued two interesting decisions recently that will affect the consumer financial industry. In Spokeo, Inc. v. Robins, the Court held that when it comes to Fair Credit Reporting Act (FCRA) violations,...more

5/19/2016 - Article III Attorney Generals CFPB Class Action Dodd-Frank FCRA Injury-in-Fact SCOTUS Sheriff v. Gillie Spokeo v Robins Standing Statutory Damages

Five Steps to Boosting TCPA Compliance

The Telephone Consumer Protection Act (TCPA) continues to be a tool utilized by the plaintiffs' bar for class action litigation. But the Act is also being wielded in run-of-the-mill bankruptcy adversary proceedings as...more

3/15/2016 - Auto-Dialed Calls Class Action Mobile Apps Prior Express Consent Robocalling TCPA Telemarketing Text Messages

CFPB in 2016

A new year is upon us and what better resolution for the financial services industry than thinking ahead and planning for the CFPB's potential agenda in 2016? After the flurry of mortgage activity in both 2014 and 2015,...more

1/26/2016 - Banking Sector CFPB Enforcement Actions Financial Services Industry HMDA Student Loans TILA-RESPA Integrated Disclosure Rule (TRID) UDAAP

CFPB: Reverse Mortgages Subject to Scrutiny

In a likely preview of an area subject to future regulation and enforcement, on June 4, 2015, the Consumer Financial Protection Bureau (CFPB) released results of a focus group study on reverse mortgage advertisements and also...more

6/18/2015 - Advertising CFPB Consumer Lenders Mortgage Lenders Mortgages Reverse Mortgages UDAAP

Senator Shelby Speaks to Baker Donelson; Releases Financial Regulatory Proposal

U.S. Senator Richard Shelby (R-Alabama), chairman of the United States Senate Committee on Banking, Housing, and Urban Affairs, last week released the text of the discussion draft of "The Financial Regulatory Improvement Act...more

5/27/2015 - Banking Sector CFPB Community Banks Discussion Draft Financial Regulatory Reform Legislative Committees Proposed Legislation

CFPB Hot Topics for 2015

Despite rumblings from the new Congress about reining in the Consumer Finance Protection Bureau (CFPB), the Bureau has indicated a packed agenda for 2015. Following an aggressive push in 2014, the attention of the CFPB...more

2/17/2015 - CFPB Debt Collection Overdraft Fees Payday Loans Popular Strategic Enforcement Plan Student Loans Virtual Currency

Proposed Data Reporting Rule Issued

If you are looking for some light reading these last few weeks of summer, you might want to take a look at the recently released proposed rule regarding changes to the Home Mortgage Disclosure Act (HMDA) also known as...more

8/5/2014 - Ability-to-Repay Banking Sector Banks CFPB Data Collection HMDA Mortgages Proposed Regulation Regulation C Reporting Requirements

CFPB Focusing on Mortgage Closing Process

Following an initial focus on altering loan qualification guidelines and servicing regulations, the Consumer Financial Protection Bureau (CFPB) has turned its attention to the loan closing process for home mortgages....more

2/26/2014 - CFPB Mortgages

Thoughts on the Remarks of CFPB Deputy Director Antonakes at the MBA Servicing Conference

As I sat in an Orlando convention center ballroom last week, I noted that the sense of anticipation for the remarks of CFPB Deputy Director Steven Antonakes seemed to range from "not that interested" to "just trying to get a...more

2/26/2014 - CFPB Enforcement Mortgages

New Consumer Resources are Offered by the CFPB

In conjunction with the January 10, 2014, effective date for new mortgage rules, the CFPB published a number of new resources for consumers. These resources include sample letters for consumers to send their servicers, tip...more

1/28/2014 - CFPB Mortgages

Five Questions to Ask Before January 10, 2014 - CFPB Focus

1. Compliance Procedures. Have you updated your written policies and procedures for each of your products or services to encompass the new rules and regulations? Once updated, have you provided copies to your employees? Have...more

12/19/2013 - CFPB Compliance Consumer Complaint System Fair Housing Act (FHA) Year-End Compliance Checklist

Recent CFPB Report to Congress

On November 12, 2013, Richard Cordray, Director of the CFPB, appeared at the hearing of the Senate Banking, Housing and Urban Development Committee to discuss the CFPB's Annual Report to Congress. During the hearing, Senators...more

11/22/2013 - CFPB Data Collection Enforcement Good Faith Richard Cordray

An Overview of the Receivership Process in Tennessee

Lenders have a number of options when faced with a borrower in default. In Tennessee, one option to seriously consider is seeking appointment of a receiver. A receiver will step into the role of the borrower or management...more

7/23/2013 - Borrowers Default Default Judgment Foreclosure Lenders Mortgages Receivership Sales Short Sales

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