Elizabeth Bohn

Elizabeth Bohn

Carlton Fields

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Split Florida Court Withdraws Beauvais Opinion to Hold that Dismissal Without Prejudice of Foreclosure Action Does Not Bar Second...

After a rare en banc oral argument, the court withdrew its earlier opinion and released a new en banc decision holding that dismissal of a foreclosure action accelerating payment on one default does not time-bar a subsequent...more

4/14/2016 - Deutsche Bank Dismissals En Banc Review Foreclosure Mortgage Lenders Mortgages Statute of Limitations

CFPB Issues Compliance Bulletin Clarifying Expectations on Furnisher Obligations Under the Fair Credit Reporting Act

The Consumer Financial Protection Bureau has issued CFPB Compliance Bulletin 2016-01, which "emphasize[s] the obligation of furnishers under Regulation V[1] to establish and implement reasonable written policies and...more

2/16/2016 - CFPB Consumer Information Consumer Reporting Agencies FCRA Financial Sector Policies and Procedures Regulation V

CFPB and DOJ Enter Fourth Enforcement Order Against Indirect Auto Lender Based On Discriminatory Loan Pricing Policies

On February 2, the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) announced entry of a consent order against Toyota Motor Credit (TMC), the U.S. financing arm of Toyota Motors' subsidiary Toyota...more

2/9/2016 - Automotive Loans Car Dealerships CFPB Consent Order Discriminatory Lending Practices DOJ ECOA Markups Toyota

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable...more

1/11/2016 - 401k Administrative Proceedings Big Data Bitcoin BSA/AML E-Commerce Medical Devices SEC STOLI Takedown Notices Variable Annuities

Mortgage Servicing Complaints to CFPB Remain High

The CFPB’s September “consumer complaints snapshot” highlighted mortgage servicing complaints, in particular those related to loss mitigation applications. As the mortgage market is the largest consumer financial market place...more

1/8/2016 - CFPB Consumer Complaint System Consumer Financial Products Mortgage Servicers TILA-RESPA Integrated Disclosure Rule (TRID)

CFPB Proposes Banning Use of Pre-Dispute Arbitration Agreements in Consumer Class Actions

The CFPB has proposed prohibiting application of pre-dispute arbitration agreements to class litigation involving certain consumer financial products. Citing concerns that such agreements “effectively prohibit” class...more

1/8/2016 - CFPB Class Action Arbitration Waivers Consumer Financial Products Financial Sector Lending

Consumer Bankers Association, Chamber of Commerce Join Challenge to FCC TCPA Ruling

The Consumer Bankers Association (CBA) and United States Chamber of Commerce (USCC) have joined the legal challenge to the Federal Communications Commission’s July declaratory ruling and order. The Order responded to 21...more

1/7/2016 - ATDS Banking Sector FCC Prior Express Consent TCPA Telemarketing

CFPB Orders "Buy-Here, Pay-Here" Auto Dealer and Affiliate to Pay $6.5 Million for FCRA and CFPA Violations

Last week, the Consumer Financial Protection Bureau (“CFPB” or “the Bureau”) filed a consent order against “buy-here, pay-here” (BHPH) auto dealer Interstate Auto Group d/b/a Car Hop (“Car Hop”), and its affiliated financing...more

12/22/2015 - Automotive Loans Car Dealerships CFPA CFPB Credit Reporting Agencies FCRA Unfair or Deceptive Trade Practices

Florida State Court Holds Pizzerias Liable Under TCPA for Third-Party Fax Blasts

Based on the Eleventh Circuit's 2015 decision in Sarris v. Palm Beach Golf Ctr. Boca, Inc, a Florida state appellate court has held that using a third-party company to send unauthorized fax ads will not protect the company...more

12/21/2015 - FCC TCPA Telemarketing Third-Party Relationships Unsolicited Faxes

As TCPA Class Actions Soar, Issues Emerge in TCPA Coverage for Claims

Both the number of cases under the Telephone Consumer Protection Act (TCPA) and the types of practices that those cases challenge have mushroomed within the last several years. Yet a dedicated form of insurance against TCPA...more

12/7/2015 - ATDS Insurance Industry Liability Insurance Popular TCPA Telemarketing

House Passes Bill Challenging CFPB Indirect Regulation of Auto Dealers

On November 18, the House passed HR 1737, entitled the “Reforming CFPB Indirect Auto Financing Guidance Act,” with wide bi-partisan support. The proposed legislation challenges the legality of the Consumer Financial...more

12/4/2015 - Automotive Loans CFPA CFPB Pending Legislation Unfair or Deceptive Trade Practices

CFPB Latest Complaint Snapshot Highlights Bank Account Service Complaints, Complaint Trends in Connecticut

The Consumer Financial Protection Bureau (CFPB or "Bureau")'s November complaint snapshot ("Snapshot") released last week focuses on complaints about bank and other deposit account services, and trends in complaints from...more

12/2/2015 - CFPB Consumer Complaint System Consumer Financial Products Depository Institutions Financial Sector

Courts Consider Definition of Autodialer and Standing under the Telephone Consumer Protection Act after FCC Ruling

In July, the FCC issued its omnibus ruling responding to 21 petitions seeking exemptions or clarification of certain provisions of the Telephone Consumer Protection Act (TCPA). The ruling addresses the statutory definition of...more

11/23/2015 - ATDS FCC Prior Express Consent Robocalling TCPA

CFPB Proposes Banning Use of Pre-Dispute Arbitration Agreements in Consumer Class Actions

The Consumer Financial Protection Bureau (CFPB or Bureau) announced today that it is considering rules prohibiting application of pre-dispute arbitration agreements to class litigation involving certain consumer financial...more

10/8/2015 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Consumer Financial Products Dodd-Frank Financial Institutions Mortgages OMB Small Business Wage and Hour

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phone numbers using automatic telephone dialing systems (ATDS) or prerecorded voice messages absent the called party’s prior express consent....more

10/7/2015 - ATDS Cable Operators Cable Television Providers Cell Phones Consumer Service Agreements Debt Collection Popular Prior Express Consent Reassigned Phone Numbers Robocalling Smartphones Sprint TCPA Telecommunications Time Warner Cable Treble Damages Willful Violations

CFPB Continues to Target Add-On Credit Products

The Consumer Financial Protection Bureau (CFPB) has stepped up its enforcement actions alleging deceptive and unfair practices in marketing and billing for add-on credit protection products. Add-on products have been one of...more

10/6/2015 - Automotive Industry Automotive Loans Banking Sector Banks Billing CFPA CFPB Consumer Credit Protection Consumer Financial Products Consumer Lenders Consumer Protection Act Credit Cards Dodd-Frank Enforcement Actions Financial Institutions Identity Theft Lenders Marketing Penalties Remediation Service Contracts Title X Unfair or Deceptive Trade Practices

Consumer Bankers Association, Chamber of Commerce Join Legal Challenge to FCC Ruling Tightening TCPA Call Restrictions

The Consumer Bankers Association (CBA) and the United States Chamber of Commerce have joined the legal challenge to the Federal Communications Commission (FCC)'s July declaratory ruling and order ("FCC Ruling") responding to...more

9/10/2015 - Banking Sector Banks Chamber of Commerce Declaratory Rulings FCC Financial Institutions Prior Express Consent Reasonable Expectation of Privacy Robocalling TCPA Telemarketing Unsolicited Faxes

California Court Dismisses TCPA Claim, Finding Human Intervention in Transmission of Internet Text Messages Removed Them From FCC...

In one of the first court decisions issued since the FCC’s declaratory ruling expansively defined autodialers for purposes of the TCPA, a California district court has dismissed TCPA claims based on promotional text messages,...more

8/27/2015 - Commercial Marketing FCC Privacy Concerns Right to Privacy Robocalling Summary Judgment TCPA Text Messages Third-Party Service Provider

CFPB and New York Department of Financial Services Sue Pension Loan Companies for Deceptive Marketing

On August 20, the Consumer Financial Protection Bureau (CFPB) and New York Department of Financial Services (NYDFS) jointly filed suit against two pension loan companies and three individual managers for deceptively marketing...more

8/24/2015 - Advances CFPA CFPB Consumer Lenders Department of Veterans Affairs Elder Issues Financial Institutions Financing Military Service Members NYDFS Pensions Predatory Lending UDAAP Unfair or Deceptive Trade Practices

D.C. Circuit Rules Small Bank has Standing to Challenge the Constitutionality of Consumer Financial Protection Bureau

Last week, the D.C. Circuit Court of Appeals reversed a D.C. District Court decision dismissing a bank’s complaint challenging the constitutionality of the CFPB based on lack of standing. The district court had concluded that...more

7/30/2015 - Appointments Clause Banking Sector Banks CFPB Dodd-Frank FDIC Federal Reserve Financial Institutions FSOC Recess Appointments Richard Cordray Standing U.S. Treasury

CFPB Brings Two More Enforcement Actions Targeting Add-On Credit Products

Last week, the Consumer Financial Protection Bureau (CFPB) filed two more enforcement actions alleging deceptive and unfair practices in marketing and billing for add-on credit protection products. Add-on products have been...more

7/10/2015 - Automotive Loans CFPA CFPB Civil Penalty Fund Credit Cards Financial Institutions Lenders Service Contracts Unfair or Deceptive Trade Practices

CFPB Reports Continued Mortgage Servicing and Other Violations of Consumer Financial Law

In its Supervisory Highlights recently released, which cover the period from January to April 2015, the Consumer Financial Protection Bureau (“The Bureau”) reported its examination observations in consumer reporting, debt...more

7/9/2015 - CFPA CFPB Debt Collection ECOA Fair Lending Financial Institutions Foreclosure Loss Mitigation Mortgage Loan Originators Mortgage Servicers Real Estate Market RESPA Student Loans

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