David Fioccola

David Fioccola

Morrison & Foerster LLP

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Latest Publications


Supervisory Highlights, Fall 2015: Totally Sanitized Limerick Edition!

Don’t know about you, but we’ve been dreaming about wrapping ourselves in a big cabled sweater, drinking a pumpkin-spiced beverage and cozying up to the Fall 2015 issue of Supervisory Highlights. Usually haiku is how we roll,...more

11/25/2015 - CFPB Consumer Reporting Agencies FCRA Loss Mitigation Mortgage Servicers Student Loans

CFPB Wins MTD, But Loses on Scienter Standard for Aiding-and-Abetting Claims

A federal judge has rejected the CFPB’s argument that the CFPA should incorporate a lower standard for “recklessness” than that to secondary liability under the Securities and Exchange Act of 1934 (“SEC Act”). On September 1,...more

9/9/2015 - Aiding and Abetting CFPA CFPB Debt Collectors Dodd-Frank Fraud Negligence Payment Processors Proximate Cause Recklessness Scienter Securities Exchange Act Unfair or Deceptive Trade Practices

CFPB Increasingly Aiming “Abusiveness” Claims at Servicemember Products and Services

Are servicemembers more financially vulnerable than the civilians they protect? Recent enforcement actions suggest that, in the CFPB’s view, they are. While the Servicemembers Civil Relief Act (SCRA) provides more financial...more

6/24/2015 - Automotive Loans CFPB Enforcement Enforcement Actions Forum Selection Servicemembers’ Civil Relief Act UDAAP

The CFPB's Most Recent Consent Order: Defining "Abusive" Acts and Practices Through Enforcement

Last week, the CFPB announced a settlement with payday lender ACE Cash Express of an enforcement action for alleged unfair, deceptive, and abusive practices (UDAAP). The Consent Order reflects the CFPB’s continued focus on...more

7/16/2014 - CFPB Enforcement Enforcement Actions Payday Loans UDAAP

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